A Nebraska judge has dismissed a lawsuit alleging the state’s medical cannabis program is unconstitutional because marijuana remains federally illegal.
Lancaster County District Court Judge Susan Strong tossed the case brought by former state Sen. John Kuehn, who argued that as a taxpayer, he has the right to sue the state over its “illegal expenditure of taxpayer money,” according to Nebraska Public Media.
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Strong disagreed, saying that minor costs incurred while putting a law into practice aren’t enough to give taxpayers the right to sue under Nebraska law.
It’s the second time Strong has dismissed a medical marijuana lawsuit brought by Kuehn, who last year alleged the people circulating petitions for two MMJ ballot initiatives committed fraud that should have prevented the measures
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