Connect with us

Cannabis News

Nebraska Medical Marijuana Advocates Press Ahead After Campaign Notary Convicted For Misconduct

Published

on

“Voters went ahead and voted, and it’s time to start moving forward and doing something about this issue instead of trying to obstruct it at every opportunity.”

Zach Wendling, Nebraska Examiner

Nebraskans for Medical Marijuana was behind the 2024 campaign to legalize and regulate medical cannabis, a day after a Hall County jury convicted one of the campaign’s volunteer notaries on 24 felony counts.

A six-person jury convicted Jacy C. Todd, 55, of York, on Wednesday of 23 counts of “official misconduct” stemming from 23 days of improper notarizations involving solicitation circulator Michael K. Egbert, 67, of Grand Island. Todd was also found guilty of lying at an appearance in October 2024 as part of a separate trial in which the campaign had enough valid petition signatures.

Lancaster County District Judge Susan Strong, after the 2024 election, issued a 57-page order in favor of the campaign in another case, saying the measures were improperly placed on the ballot.

Crista Eggers, executive director of Nebraskans for Medical Marijuana, told reporters Thursday that Strong’s verdict came after a four-day trial with many witnesses and experts.

“We, I stand by it, my organization is there and I think the voters are behind that they were absolutely legal to vote,” Eggers said. “Voters went ahead and voted, and it’s time to start moving forward and doing something about this issue instead of trying to obstruct it at every opportunity.”

In November 2024, Nebraskans voted to legalize and regulate medical cannabis. The laws entered into force on December 12, 2024.

86,499 valid signatures are required

The campaign needed at least 86,499 valid signatures for each measure. Nebraska Secretary of State Bob Evnen secured 89,962 valid signatures for legalizing medical cannabis, and 89,856 for regulating it. The case did not address county-specific signature requirements.

Strong upheld the presumptive validity of the more than 4,000 signatures accepted by Todd on both measures, but said the more than 1,000 validated signatures collected by Egbert — except for a dozen notarized by Todd — lost the presumption of validity.

Egbert admitted to forging signatures using a phone book and pleaded guilty in November 2024 to a Class I felony count of “attempting” to falsify his circulator’s sworn applications.

Former state Sen. John Kuehn of Heartwell, a marijuana opponent who filed the Lancaster County civil suit, has appealed Strong’s decision to the Nebraska Supreme Court. Evnen and Nebraska Attorney General Mike Hilgers (R), who made similar arguments to Kuehn’s against the campaign, also appealed.

The case went to the Supreme Court on December 3. They have not yet given a decision.

Hilgers, who coordinated with Hall County District Attorney Marty Klein on Todd’s criminal case, said Todd’s case provided “evidence of a systematic scheme in which the law was routinely broken.”

“As we’ve said up until now, the medical marijuana demand campaign was built on fraud and criminals and ultimately should never have been on the ballot,” Hilgers said Wednesday.

The campaign has denied that wrongdoing is widespread, but has admitted that some mistakes have been made. Strong corrected some of these errors in his judgment.

Appeal from the Supreme Court

Todd’s soon after conviction On Wednesday, Kuehn’s attorneys filed a motion with the Supreme Court asking the justices to consider Todd’s conviction and other trial materials.

In the filing, attorneys said the conviction is in “direct contrast” to Strong’s ruling on Todd.

Todd, in the Lancaster County case and again this week, has denied wrongdoing. Egbert also testified at two trials where he said he has a neurological disease that affects his memory. Egbert said he never signed his petitions in Todd’s presence, which is improper notarization.

During the civil trial, Strong said “Egbert’s credibility issues are more serious” than Todd’s and that Kuehn and Evnen had not shown a “preponderance of the evidence” that any other notarized petition by Todd should have lost the “presumption of validity.”

“Presumption of validity” means signatures verified by local county officials and legally collected by an affidavit of an approved circulator.

If a signature loses the presumption of validity, the campaign may have the opportunity to recover the signature in a second phase of the trial. Revoking both petitions would require almost 3,500 signatures to lose the presumption of validity.

Even if all of Todd’s notarized signatures lose the presumption of validity, the campaign would still meet the threshold for the ballot.

This week, a central Nebraska jury sided with the version of events described by Egbert and state and local prosecutors. Todd’s attorney said Todd would appeal after the 9 a.m. sentencing hearing on April 22.

Eggers did not say whether he was concerned that Todd’s conviction could affect the appeal, but said the campaigns are awaiting the Supreme Court’s decision.

“I believe the Supreme Court is the body that will make a reasonable ruling on this matter,” Eggers said. “They will consider the things they need and the appeal that has been presented to them, but I think they are still at a time to make a decision.”

This story was first published by the Nebraska Examiner.

Photo by Chris Wallis // Side Pocket Images.

Marijuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

Continue Reading

Cannabis News

Maximizing cannabis yields with intercanopy and subcanopy lighting

Published

on

By







Continue Reading

Cannabis News

Transportation Groups Warn Feds Of Marijuana Rescheduling’s ‘Consequences’ For Drug Testing Of Truck Drivers And Pilots

Published

on

By

A coalition of transportation and safety organizations said they have “serious safety concerns” about the Trump administration’s move to federally regulate marijuana.

Led by the American Trucking Association, the groups sent a letter to federal officials Monday asking them to take steps to ensure truck drivers, pilots, transit operators and other safety-sensitive workers continue to be tested for cannabis.

“If employers do not take the necessary steps to preserve the ability of security-sensitive transportation workers to test for marijuana, this change could have significant consequences for the safety of passengers and the entire transportation industry,” wrote Acting Attorney General Todd Blanche, Drug Enforcement Administration (DEA) Administrator Terrance Cole, Health and Human Services Secretary Robert F. Kennedy, and Transportation Secretary J.

The organizations said they understand that federal officials are being “urgently” reorganized under an executive order from President Donald Trump, that they are “deeply concerned that the current process does not adequately take into account agencies responsible for transportation safety or protecting the traveling public” and that they want the agencies to “work together.” ongoing cannabis redistricting hearings and rulemaking process to address these concerns.

In May, the Department of Transportation (DOT) issued new guidelines saying just that Truck drivers, airline pilots and other safety-sensitive workers still cannot use medical marijuana without penalty despite the Trump administration’s move to reschedule.

“Marijuana use is incompatible with safety-sensitive functions,” the department said.

Medical review officers (MROs) who receive drug test results indicating cannabis use cannot rule them out as negative for illegal substance use, even if an employee claims it was a result of state-licensed medical marijuana.

“Currently, there is no way for an MRO to verify that a laboratory-confirmed marijuana drug test result is positive when an employee claims the positive was caused by a state-licensed marijuana product,” the DOT said, explaining that after the reprogramming, medical marijuana dispensed under state law “does not” constitute a drug approved by the Food and Drug Administration (FDA).

The transportation groups said in the new letter that the DOT’s drug-testing program “is in accordance with the Department of Health and Human Services’ (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs and HHS-certified laboratories.”

“While DOT has expressed its intention to continue testing marijuana, a commitment we greatly appreciate, it is unclear whether DOT will retain its ability to rely on HHS procedures and certifications after the rescheduling,” they wrote. “Without this alignment, DOT may retain the authority to conduct testing, but lack the scientific and procedural infrastructure to do so.”

“Practically, this would mean that truck and bus drivers, pilots, flight attendants, air traffic controllers, air mechanics, railroad workers, dispatchers and signal workers, transit operators and pipeline workers could continue to perform high-risk safety roles without a reliable means of verifying that they are not actively using marijuana. It relies on controlled substance testing to identify end use and prevent potentially impaired individuals from fulfilling their safety-related obligations. While the planning could create legal or regulatory loopholes, the regulated employer-based drug testing agency warned that the final rules should not jeopardize marijuana testing for safety-sensitive transportation workers.”

“Regardless of the broader policy goals of the review, the federal government should not move forward to preserve transportation drug testing programs and mitigate the risks of increased and unchecked deterioration of our roads, railroads, public transportation systems, pipelines, airspace, and maritime corridors,” the letter says.

The organizations specifically ask federal officials to:

  • Support long-term marijuana testing for all safety-sensitive transportation workers;
  • Confirm the authority of DOT-regulated employers to perform such tests;
  • Ensure HHS laboratory certification and testing guidelines remain available and aligned with DOT’s safety mission; and
  • Establish a coordinated federal strategy to address the transportation security implications of rescheduling.

“The public and the workers who keep our transportation system running safely deserve a process that ensures these safeguards are firmly in place before any final action is taken,” he said. the letter he says

Earlier this month, the House Appropriations Committee approved a provision to allow federal officials to continue requiring government employees and security-sensitive employees, such as truck drivers and airline pilots must be drug tested for marijuana, “regardless of any future change in legal status or schedule.”

This was followed by a press conference organized by prohibitionist groups and a drug-testing industry association, where both Republican lawmakers joined the proclamation. “Cut” to marijuana rescheduling by asserting that safety-sensitive transportation workers can still be punished for testing positive for THC.

Legislators and abolitionist activists argued that moving marijuana to Schedule III would lead to a 1986 executive order signed by President Ronald Reagan defining illegal drugs under the Controlled Substances Act (CSA) in relation to the use of cannabis by truck drivers and other airline employees.

Last October, Transportation Secretary Sean Duffy suggested that President Donald Trump was “putting pressure” on rescheduling cannabis.arguing that marijuana is “truly addictive” and that policy reform on the issue sends a “dangerous” message.

“At a time when the culture is encouraging and celebrating the use of marijuana, we’re not talking about risk,” Duffy said.

Marijuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

Continue Reading

Cannabis News

Experts say THC percentage is the wrong way to shop for cannabis

Published

on

By


Continue Reading
Advertisement

Trending

Copyright © 2021 The Art of MaryJane Media