A signature gatherer for petitions to legalize medical cannabis in Nebraska has been charged with felony fraud, Attorney General Mike Hilgers announced Sept. 13. However, the two initiatives will remain on the ballot for now, the secretary of state confirmed.
The investigation began when Hall County Elections Commissioner Tracy Overstreet flagged pages of both petitions — one to allow for possession and use by qualifying patients, the other to create a regulated market for manufacturing, cultivation and sales — as having potentially fraudulent signatures. All of the pages were traced to Michael Egbert of Grand Island, Neb., according to a statement from the attorney general.
“Petition circulators and voters alike should know and understand that this office – and all election offices across Nebraska – take elections and signature verification very seriously,” Overstreet said in the attorney general’s statement. “We go through each petition line by line by line, signature by signature – just like we do for signatures on early voting ballot envelopes.”
Egbert was charged with false swearing to a circulator’s affidavit on a petition, a Class IV felony. The penalty ranges from probation to up to two years in prison and up to $10,000 fine.
Secretary of State Robert Evnen said he is still certifying the measures for the Nov. 5 ballot because they currently meet threshold signature requirements. But that could change in light of the attorney general’s investigation.
“Signatures that cannot be verified by county election workers are not included in the overall signature count,” Evnen said in a separate Sept. 13 statement. “Both cannabis petitions will appear on the ballot, but a court could order later that the initiatives be thrown out.”
The campaign faces at least one legal challenge, according to the Nebraska Examiner.
The Nebraska Medical Cannabis Patient Protection Act, ballot #437, would allow patients and their caregivers to possess up to 5 ounces of cannabis with a health care practitioner’s recommendation. A health care practitioner includes physicians, a physician’s assistant or a nurse practitioner. Caregivers can be individuals at least 21 years of age or health care facilities.
The Nebraska Medical Cannabis Regulation Act, ballot #438, would create the market to obtain cannabis. The initiative would establish the Nebraska Medical Cannabis Commission, to be comprised of the three members of the state Liquor Control Commission. The governor, with senate approval, could appoint two additional members.
By July 1, 2025, the commission is to establish criteria for applications for cannabis business “registrations.” By no later than Oct. 1, 2025, the commission would need to grant registrations to businesses that meet eligibility requirements. The initiative sets no limits on the number of business types or other requirements, such as social equity criteria, taxes or fees.
The petitions were sponsored by state Sen. Anna Wishart, former Sen. Adam Morfeld and Crista Eggers, campaign manager for Nebraskans for Medical Marijuana. Wishart also sponsored LB 588 to legalize medical cannabis, but the bill is indefinitely postponed. This is the third time Nebraskans for Medical Marijuana has tried to pass a ballot initiative.
The campaign collected approximately 114,000 signatures for each initiative. Each petition needed to collect valid signatures from at least 7% of registered voters in the state and from at least 5% of voters in 52 counties to qualify for the ballot.
The patient protection initiative received 89,962 valid signatures, and the market regulation initiative had 89,856 valid signatures. The secretary of state’s office did not receive any affidavits for individuals requesting that their names be removed, according to their statement.
Eggers said she is confident “the people’s voice on this issue will finally be heard,” reported the Associated Press.
Nebraska is the fourth state to vote on cannabis legalization this November. It joins North Dakota, South Dakota and Florida, which have adult-use ballot measures. Medical use is already legal in those three states. Cannabis is currently illegal in Nebraska.
