OMAHA- On Wednesday, the 8th U.S. Circuit Court of Appeals rejected a request to block one of Nebraska's ballot initiative parameters proposed to the Court by Nebraskans for Medical Marijuana and the ACLU of Nebraska.

Nebraska's ballot initiative law requires petitioners to collect signatures from at least 5% of voters in 38 of the state's 93 counties. When the Medical Cannabis initiative was shot down earlier last month, Nebraskans for Medical Marijuana and the ACLU sued, arguing that this specific parameter violates free speech and equal protection rights.

The groups stated that this parameter makes "one voter in Arthur County equal to that of 1.216 voters in Douglas County."

U.S. District Judge John Gerrard agreed with this sentiment, but stated that, while the state can legally require statewide voter support on an initiative, it "may not do so based on units of dramatically differing population, resulting in discrimination among voters."

Gerrard issued an order temporarily blocking the '5%' parameter, but State Officials appealed and the 8th Circuit Court put a hold on it.

Neb. Secretary of State Bob Evnen stated that his office "will continue to enforce that Nebraska constitutional provision pending the final outcome of the case."

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