The question of who paid to keep a medical marijuana initiative petition off the November ballot remains a mystery.
Even the challenger — Lancaster County Sheriff Terry Wagner — says he doesn’t know who paid for the work to get the issue in front of the Nebraska Supreme Court. His name was on the case that ended with a majority of Supreme Court justices throwing out nearly 18 months of work and signature gathering by advocates of legalization of medical cannabis in Nebraska.
“I do not know,” Wagner said. “All I know is that no tax dollars were used in that litigation.”
Wagner became the challenger, he said, when Lincoln attorney Mark Fahleson “brought to my attention that it didn’t appear that the ballot language met the constitutional muster for single issues.”
Lancaster County Sheriff Terry Wagner says he doesn’t know who paid for the work to get the challenge to a medical marijuana ballot issue in front of the state Supreme Court.
The Nebraska Constitution states: Initiative measures shall contain only one subject.
The lawyer, a former chairman of the Nebraska Republican Party from 2009 to 2013, wanted to use Wagner’s name on the challenge, he said, and since it was no secret he was against medical marijuana, Wagner agreed to do it.
Fahleson, when asked who paid for the challenge, said the answer was a matter of attorney-client privilege. On the question of why he chose Wagner to be the signatory on the challenge, he said that also was attorney-client privilege and couldn’t be revealed because it was part of the attorney work product, including notes, mental impressions, conclusions, opinions or legal theories developed in anticipation of litigation or for trial.
“One thing I can tell you, I can assure you 100%, hand on the Bible with my lawyer oath to tell the truth, that no public or taxpayer dollars were expended for purposes of that litigation,” Fahleson said.
Wagner said he reviewed the challenge to ensure he wasn’t signing on to something contrary to what he thought. The attorneys took it from there, he said.
Wagner said as a public servant whose job is to enforce existing laws, he can express opinions about ballot initiatives on work time.
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“I’ve testified against it (medical marijuana legalization) on work time,” he said. “On this particular issue, (I spent) a little time, but not much, reading the legal documents that were prepared.”
Part of his job, he said, is to review potential state statutes, and he testifies in front of the Legislature all the time.
His objection to medical marijuana is that, first of all, marijuana is not medicine, Wagner said. And every state that has legalized recreational marijuana started off with medical marijuana, he said.
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“It’s just a foot in the door for the marijuana industry to get into the state and then desensitize the population to the use of marijuana,” he said.
As a result of the challenge, the Supreme Court on a 5-2 ruling reversed the opinion of Secretary of State Bob Evnen to put medical marijuana legalization to a vote of the people in November.
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The organizers of the petition drive — who collected 182,000 signatures when 122,000 were needed, in spite of being slowed by the coronavirus pandemic — said that either by legislation or by initiative petition, they will try again in the next two years.
The amount of money raised to support the petition drive is a matter of public record. Nebraskans for Medical Marijuana had raised $1.7 million by the end of July. Nebraska Families 4 Medical Cannabis reported raising nearly $16,000 by the end of 2019.
Sept. 11
A person runs with their dog near a display of American flags on Friday at Memorial Park in Omaha. The 2,977 flags represent the lives lost in the Sept 11 attacks 19 years ago.
Elkhorn-Waverly high school football
Elkhorn’s Aiden Young dodges a tackle from Waverly ‘s Evan Canoyer.
Flu Shots
Reed Elias, 15, of Omaha gets a flu shot at a drive-thru flu shot clinic at a Methodist Physicians Clinic. CHI Health on Tuesday announced plans to do drive-thru flu shot clinics at several locations in Omaha and Lincoln next month.
September Images 1
The sun sets behind the Waverly stands during the Omaha Skutt vs. Waverly football game at Waverly High School in Waverly on Friday, September 4, 2020. Waverly won the game 17-7.
September Images 2
A Corona Extra display is seen wearing a mask at Wine, Beer and Spirits, 3435 Oak View Drive in Omaha on Tuesday, September 01, 2020.
September Images 3
Stalks of corn are browning near Winslow, Neb., on Wednesday, September 2, 2020.
September Images 4
Brothers-in-law Mark Policky, of Seward, and Kevin McGrath, of Lincoln, tailgate by themselves outside Memorial Stadium in Lincoln on Saturday, September 5, 2020. The Huskers were originally set to open the football season against Purdue at Memorial Stadium on Saturday. “This is kind of our protest against the Big Ten today,” McGrath said. “We can’t let the Huskers down,” Policky added.
September Images 5
The parking to the east of Memorial Stadium has no tailgaters in Lincoln on Saturday, September 5, 2020. The Huskers were originally set to open the football season against Purdue at Memorial Stadium on Saturday.
September Images 6
A pedestrian walks in downtown Lincoln on Saturday, September 5, 2020. The Huskers were originally set to open the football season against Purdue at Memorial Stadium on Saturday.
September Images 7
People stand out on 42nd Street near Pacific Street to watch as Omaha police officers escort the body of Lincoln police officer Mario Herrera back to Lincoln after he died on Monday, September 07, 2020. Herrera was shot Aug. 26 while trying to serve a warrant.
September Images 8
Lincoln police officer Mario Herrera is escorted on Monday near 42nd and Grover in Omaha. Herrera passed away early Monday after being shot on duty August 26th.
September Images 9
Kristin Pehoviack and Audrey Lash feed sea lions at the new Owen Sea Lion Shores exhibit at the Omaha Henry Doorly Zoo.
September Images 10
Visitors get an up close view of a sea lion at the new Owen Sea Lion Shores exhibit at the Omaha Henry Doorly Zoo.
September Images 11
Elkhorn warms up as the sun starts to set before their game against Omaha Roncalli.
September Images 12
Todd Shannon, a parent of an Omaha Public Schools student speaks at a protest calling for the return of fall sports in the district.
September Images 13
A crosswalk sign is seen through a rain covered glass wall of a bus shelter on Farnam Street near 34th Strreet on Tuesday, September 08, 2020.
September Images 14
Omaha Roncalli’s Quincy Evans stretches but can’t pull down this third down pass in the third quarter in front of Elkhorn’s Zach Leinen.
September Images 15
People watch the Omaha Skutt vs. Waverly football game from a hill outside the stadium at Waverly High School in Waverly on Friday, September 4, 2020.
September Images 16
Waverly takes the field for the Omaha Skutt vs. Waverly football game at Waverly High School in Waverly on Friday, September 4, 2020.
September Images 17
Millard South’s Ryan Holdsworth (3) and Gage Stenger (12) celebrate a touchdown against Elkhorn South.
Twirl
Millard North won the game 46-41 with a touchdown on the final play of the game. A Millard North baton twirler performs before the start of the Lincoln East vs. Millard North football game at Millard South High School in Omaha on Thursday, September 17, 2020.
Balance
Lincoln East’s Austin Schneider (8) gets away from Millard North’s Isaiah McMorris (8) in the Lincoln East vs. Millard North football game at Millard South High School in Omaha on Thursday, September 17, 2020. Millard North won the game 46-41 with a touchdown on the final play of the game.
Grand Jury
James Scurlock II has a tattoo that says, “Truth be told” on his arm as he answers questions about the charges filed against Jake Gardner in the killing of Scurlock’s son, also named James.
Grand jury reaction
Protesters hug and celebrate the indictment of Jake Gardner on Tuesday at the corner of 50th Street and Underwood Avenue.
Focus
Elkhorn North’s Hunter Richardson (1) looks to pass the ball in the Plattsmouth vs. Elkhorn North football game at Elkhorn High School on Friday, September 11, 2020. This is Elkhorn North’s first home game in history. Plattsmouth won the game 34-7.
Sept 11 Taps
John Herrmann, with the American Legion Honor and VFW honor detail plays Taps, during a 9/11 Remembrance Ceremony before the start of the Millard South and Millard West game.