Filing motion with district court judge here today to find out if Nebraska probation has to let medical cannabis be used which the law seems to say it does
Here’s the motion below:
Per Thurston County Clerk of Court direction this motion is filed via email.
August 4 2025
4:20 pm
Motion To Amend Probation Terms
On December 12, 2024, Nebraska’s medical cannabis law went into effect. See Nebraska Revised Statutes 71-24 103 to 71-24 105, the “Nebraska Medical Cannabis Patient Protection Act.” (Act hereafter)
The Act explicitly and without question specifies:
(2) “Conduct protected by this section shall not be subject to the Uniform Controlled Substances Act.”
– Act, NE Revised Statute 71-24, 105(2)
The Nebraska legislature declined to repeal the new medical cannabis Act.
NE Rev. Stat. 71-24 104(2) states the following in the statute:
(5) Health care practitioner means a physician, an osteopathic physician, a physician assistant, or a nurse practitioner licensed under the Uniform Credentialing Act or who is licensed in any state and practicing in compliance with the Uniform Credentialing Act;
(6) Qualified patient means:
(a) An individual eighteen years of age or older with a written recommendation from a health care practitioner; or
(b) An individual younger than eighteen years of age with a written recommendation from a health care practitioner and with the written permission of a legal guardian or parent with authority to make health care decisions for the individual; and
(7) Written recommendation means a valid signed and dated declaration from a health care practitioner stating that, in the health care practitioner’s professional judgment, the potential benefits of cannabis outweigh the potential harms for the alleviation of a patient’s medical condition, its symptoms, or side effects of the condition’s treatment. A written recommendation is valid for two years after the date of issuance or for a period of time specified by the health care practitioner on the written recommendation
This Act protections are being invoked by Mr. Karimi in this motion.
Mr. Karimi has attached Exhibit A, which is a copy of his written recommendation and medical cannabis card.
These documents should meet the requirements of the Act.
The question before the courts is presented as follows in order to seek guidance and clarification initially requested from probation officials:
1. Does the new medical cannabis Act, cited above, mandate as a matter of law probation allow medical cannabis use in Nebraska?
Mr. Karimi first sought to solve this question absent using court resources. Probation official Ashley Briggs emailed Mr. Karimi January 6 of 2025 the following:
Email from Ashley Briggs Nebraska Probation January 6 2025 3:50 pm
Hi Jason,
On your probation order, condition 11 states: Shall not use, consume or have in his/her personal possession any alcoholic beverages or controlled substances. Exceptions may be made for controlled substances prescribed by a duly licensed physician or dentist but Defendant shall immediately notify the probation officer of the prescribed controlled substances, and also provide him/her with a copy of the prescription. When consulting with the physician or dentist, Defendant shall notify the physician or dentist (i) that he/she is on probation, the terms of which subject him/her to random drug tests; and, (ii) that if medically possible and the health of the Defendant would allow, no controlled substance shall be prescribed which is of a kind of nature that would cause the Defendant’s body fluids to test positive for: Opiates, Oxycodone, Benzodiazepines, Methamphetamines, Amphetamines, Marijuana, Cocaine, or PCP.
I bolded this last section, as sometimes this is missed.
As of now, we have not been informed of any new cannabis laws taking effect. Therefore, we would not allow those on Nebraska Probation to use cannabis.
I believe you have been in touch with my supervisor, Mike Carlson. I staffed this with him, we think if you have any further questions you may need to be in contact with your attorney and discuss with the Court.
Thank you!
Ashley Briggs | SSAS Officer | Nebraska State Probation
District Six Probation Office |
The above email is attached via word doc as Exhibit B labeled “Nebraska Probation Email.”
Upon reading this email, I advised my South Dakota probation officer that I should therefore be able to submit my medical cannabis information to the probation office. In South Dakota, the judge is required by law to review such paperwork for probationers with medical cannabis cards. See South Dakota Codifed Law 34-20G-96, which allows probationers to use medical cannabis. My probation officer, having initially advised in prior meetings Nebraska did not want to see my medical cannabis documentation, advised he had received new guidance from Nebraska probation requesting my paper work after all, and requested I submit my documentation.
After this change in guidance South Dakota probation provided me the form attached as Exhibit A to have my doctor fill out. The doctor who had initially approved my medical cannabis paperwork in South Dakota had new employment and was unable to continue supervising me. So, I spent $700 out of pocket to get a new doctor established who could fill out my paperwork and succeeded, submitting the paperwork in April 2025, three months after being requested for such documentation.
This documentation was then submitted to Nebraska probation according to my understanding of the guidance given to me by South Dakota probation during a face to face meeting.
South Dakota probation then advised that Nebraska probation had not approved the documentation and instead wanted me to do something additional, not required by Nebraska law, which was submit the documentation to Your Honor. When I requested probation submit the documentation, which is how it’s done in South Dakota, I was advised I had to be the one to do so. I am now doing so, but would like to express that this is not currently required by Nebraska law, and is being done because probation wants to have clarity on whether the new medical cannabis law nullifies line item 11 of probation requirements outlined in PO Briggs email printed in this motion. Probation is unable or unwilling to apply the law as written without cover from a judge, and denied my request to have an opinion from the attorney general or an alternative lawyer issue guidance, leaving my sole remedy with going to court for review.
Conclusion
Whereas: Line item 11 of Mr. Karimi’s probation states “shall not use, consume or have in his/her personal posession any…controlled substances.”
Whereas: Mr. Karimi has complied with all requirements given by probation to submit proper paperwork and documentation to comply with and invoke protected class status as a protected patient under the “Nebraska Medical Cannabis Patient Protection Act,” at great cost and expense, AND,
Whereas: Nebraska Revised Statute 71-24, 105(2) mandates “Conduft protected by this section shall not be subject to the Uniform Controlled Substances Act.”
Therefore, the court is urged to either amend terms of probation to clarify medical cannabis protections pursuant to NE Rev. Stat. 71-24, 105(2), does not apply as controlled substance use due to the explicit statutory language in and Rev. Stat. 71-25, 105(2), or to leave probation terms as written and issue written guidance to probation with proper interpretation of the his NE Rev. Stat. 71-24 105(2) is the supraceding and controlling factor in application of probation terms on line item 11 referenced by PO Briggs herein.
If a hearing is needed for further deliberation Mr. Karimi requests he be able to attend by Zoom to limit damages and financial burdens on all interested parties.
Submitted August 4
4:20 PM
Reverend Jason Karimi
WeedPress: The Paper Trail 
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