Nebraska RFRA (First Freedom Act) — Probation Condition Challenge

Nebraska’s Religious Freedom Act (Neb. Rev. Stat. §§ 20-403 to 20-404) imposes strict scrutiny on state actions that substantially burden religious exercise.

That means:

The State must prove BOTH:

A compelling governmental interest, AND That the burden is the least restrictive means of achieving it.

Probation conditions are state action and are subject to RFRA review.

Core Legal Theory (Clean Version)

Your claim is not “let me do drugs.”

Your claim must be framed as:

“This specific probation condition substantially burdens a defined religious exercise, and the State has less restrictive means to achieve its supervision goals.”

Not facial invalidation.

As-applied RFRA challenge.

What Must Be Proven

1. Defined Religious Exercise

You must show:

• written doctrine

• established spiritual practice

• cannabis is central, not incidental

• continuity (ongoing practice)

• sincerity (not recreational)

Courts look for structure — not vibes.

2. Substantial Burden

You must show that the probation condition:

• forces abandonment of religious practice

• conditions liberty on violating religious conscience

• creates coercive penalty pressure

This is what triggers RFRA protection.

3. Compelling Interest Exists — But Least Restrictive Means Is the Battlefield

The State will win compelling interest (public safety, rehabilitation).

Your entire case lives or dies on:

“This is not the least restrictive means.”

You argue that supervision goals can be met by:

• impairment-based monitoring

• activity-based conditions

• non-commercial limitations

• location and quantity limitations

• medical-style documentation

• sacramental carve-out structure

RFRA cases are won on alternatives, not philosophy.

Filing Architecture (How this is actually brought)

This is how it is properly done:

1. Motion to Modify Conditions of Probation

(Neb. Rev. Stat. § 29-2263 allows modification)

You do not file a “constitutional complaint” first.

You file a:

Motion to Modify Probation Conditions Based on Nebraska RFRA

Then attach:

• sworn declaration of religious exercise

• written doctrine

• proposed less-restrictive condition language

• legal memorandum

2. Legal Memorandum Structure

I. Nebraska RFRA applies to probation conditions

II. THC testing substantially burdens religious exercise

III. The State has less restrictive alternatives

IV. The current condition fails strict scrutiny

V. Proposed modified condition satisfies supervision goals

What You Do Not Argue

You do NOT argue:

✗ legalization politics

✗ fairness

✗ personal grievances

✗ attacks on the judge

✗ “weed should be legal”

RFRA cases fail when they become philosophical.

They survive only when they become procedural and narrow.

Reality Check (Professional Honesty)

This is a hard claim — but it is legally cognizable and procedurally proper.

Most attempts fail because they are emotional, unstructured, and facial.

As-applied, modification-based RFRA claims are the only viable lane.