Today I formally submitted my Notice of Intention to Participate in the DEA administrative hearing on the proposed rescheduling of marijuana from Schedule I to Schedule III (Docket No. DEA-1362), scheduled to begin June 29, 2026.
This filing continues my 17-year record of cannabis policy advocacy and public commentary. It focuses on the interaction between federal scheduling determinations and religious liberty protections under the Religious Freedom Restoration Act (RFRA) and South Dakota law, including the practical burdens on sincere practitioners and potential less-restrictive alternatives in the post-April 2026 regulatory landscape.
The full Notice of Intention to Participate and supporting Affidavit are posted below for public review.
More to come as this process unfolds.
Dear Administrator and Designated Administrative Law Judge:
Attached please find my Notice of Intention to Participate, along with a supporting Affidavit/Declaration, in the administrative hearing on the proposed rescheduling of marijuana (Docket No. DEA-1362).
Thank you for your consideration.
Respectfully,
Jason Karimi
Sioux Falls, South Dakota 57104
NOTICE OF INTENTION TO PARTICIPATE
Docket No. DEA-1362
Schedules of Controlled Substances: Rescheduling of Marijuana
Administrative Hearing Commencing June 29, 2026
Submitted electronically to: nprm@dea.gov
Date: May 10, 2026
To the Administrator and Designated Administrative Law Judge:
Pursuant to 21 U.S.C. § 811(a), 21 C.F.R. § 1308.44(b), and 21 C.F.R. § 1316.48, the undersigned hereby submits this Notice of Intention to Participate in the administrative hearing on the proposed rulemaking to reschedule marijuana from Schedule I to Schedule III of the Controlled Substances Act.¹
I. Identity and Particularized Interest
My name is Jason Karimi. I am a resident of South Dakota, a cannabis policy advocate and public commentator with 17 years of experience. I have also been identified as a potential expert witness in pending federal religious cannabis lawsuits. My interest in this proceeding is direct and substantial: I am a sincere practitioner whose religious exercise of cannabis use is substantially burdened by the current federal classification and the interaction between federal scheduling and South Dakota’s medical-cannabis framework. I have publicly documented this burden through a formal South Dakota RFRA petition outline.²
My standing rests on:
• A documented record of cannabis policy advocacy and public commentary spanning 17 years.³
• Publicly documented involvement in federal religious-cannabis litigation demonstrating sincere religious exercise of cannabis as a sacramental and spiritual practice.
• Direct effect as a South Dakota resident whose state-level religious-liberty claims under SDCL § 1-1A-4 are impacted by the federal scheduling framework.
II. Specific Issues I Seek to Address
I request the opportunity to present evidence and testimony on the following issues of particular relevance to the proposed rulemaking:
1. Religious Liberty and RFRA Accommodations Following Partial Rescheduling.
On April 28, 2026, the Drug Enforcement Administration issued a final rule placing certain FDA-approved products containing marijuana and medical marijuana products regulated under qualifying state-issued medical marijuana licenses in Schedule III, thereby acknowledging accepted medical use and reduced abuse potential for those specific categories.⁴ This changed scheduling framework may materially affect the government’s strict-scrutiny analysis under the federal Religious Freedom Restoration Act (42 U.S.C. § 2000bb et seq.) and analogous state protections.
2. Precedent from Gonzales v. O Centro Espírita Beneficente União do Vegetal, 546 U.S. 418 (2006).
The Supreme Court held that the government failed to satisfy strict scrutiny when it sought to prohibit the UDV church’s sacramental use of a Schedule I substance. The reasoning in O Centro may bear materially on the analysis of religious-use restrictions following the partial recognition of accepted medical use in the April 28, 2026 order.
3. Interaction Between Federal Scheduling and State RFRA Implementation.
South Dakota’s RFRA (SDCL § 1-1A-4) prohibits the state from substantially burdening religious exercise unless the burden is essential to a compelling governmental interest and the least restrictive means.⁵ Broader rescheduling to Schedule III creates significant questions regarding the interaction between federal scheduling determinations and state religious-liberty protections. Because the proposed scheduling determination directly affects the asserted governmental interests underlying religious-use restrictions, these issues fall within the proper scope of this proceeding.
III. How My Participation Would Assist the Hearing
My participation would materially assist the Administrative Law Judge and the record by providing focused evidence and testimony on the practical interaction between federal scheduling classifications and state RFRA implementation frameworks. In particular, I can address the burdens imposed on sincere religious practitioners in states operating medical cannabis programs and the feasibility of potential less-restrictive alternatives consistent with the post-April 2026 regulatory landscape.
IV. Requested Form of Participation
If selected, I request the opportunity to participate in evidentiary proceedings consistent with DEA hearing procedures, including the presentation of live testimony and documentary evidence, the submission of written exhibits and legal memoranda, and any other forms of participation permitted under the applicable rules.
V. Contact Information
Jason Karimi
Sioux Falls, South Dakota 57104
I certify that the foregoing is true and correct to the best of my knowledge.
Respectfully submitted,
/s/
Jason Karimi
May 10, 2026
Footnotes
¹ 21 U.S.C. § 811(a) (2025); 21 C.F.R. § 1308.44(b) (2026); 21 C.F.R. § 1316.48 (2026).
² See Jason Karimi, I Spent 17 Years Arguing for Federal Cannabis Legitimacy. Now Small Operators Are About to Learn What That Means., Weedpress.org (May 9, 2026); Jason Karimi, DARE Poster Kid to Marijuana Regulation Advocate: My Unchanging Fight to Protect Kids, Weedpress.org (May 9, 2026).
³ Id.; see also South Dakota RFRA Petition Outline, Weedpress.org (publicly available).
⁴ Schedules of Controlled Substances: Rescheduling of Food and Drug Administration Approved Products Containing Marijuana From Schedule I to Schedule III; Corresponding Change to Permit Requirements, 91 Fed. Reg. 22714 (Apr. 28, 2026) (2026-08176).
⁵ S.D. Codified Laws § 1-1A-4 (South Dakota Religious Freedom Restoration Act).
AFFIDAVIT / DECLARATION OF JASON KARIMI
In Support of Notice of Intention to Participate
Docket No. DEA-1362
Schedules of Controlled Substances: Rescheduling of Marijuana
I, Jason Karimi, declare under penalty of perjury under the laws of the United States of America that the following is true and correct:
1. I am the individual who submitted the attached Notice of Intention to Participate dated May 10, 2026.
2. I use cannabis as part of my sincere religious and spiritual practice. For me, cannabis serves as a sacramental and spiritual tool that facilitates introspection, connection with the divine, and personal growth.
3. This sincere religious exercise has been consistent over the course of my 17 years of cannabis policy advocacy and public commentary, as documented in my publicly available writings and in court filings involving myself and other religious practitioners.
4. I have publicly outlined a formal South Dakota RFRA petition describing how the current federal classification of marijuana and its interaction with South Dakota’s medical-cannabis framework substantially burdens my religious exercise.
5. I have been identified as a potential expert witness in pending federal religious-cannabis litigation, reflecting my long-standing public involvement in cannabis-policy and religious-liberty issues.
6. My participation in the June 29, 2026 administrative hearing would provide the Administrative Law Judge with focused, first-hand evidence concerning the practical burdens imposed on sincere religious practitioners and the feasibility of potential less-restrictive alternatives consistent with the post-April 2026 regulatory landscape.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on May 10, 2026, in Sioux Falls, South Dakota.
/s/ Jason Karimi
Jason Karimi
Sioux Falls, South Dakota 57104
WeedPress: The Paper Trail 
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