Nebraska RFRA Religious Liberty Case Advances: Supplemental Authority Filed Citing Federal Schedule III Rescheduling

Defendant Jason Karimi has filed a Notice of Supplemental Authority in Nebraska District Court while his motion to modify probation conditions under the Nebraska First Freedom Act remains under advisement.

The filing notifies the Court of the recent federal Schedule III rescheduling action and Defendant’s participation in the ongoing DEA administrative proceeding (Docket No. DEA-1362) as relevant to the strict-scrutiny and least-restrictive-means analysis for sincere religious exercise.

The full text of the filing is as follows:

IN THE DISTRICT COURT OF THURSTON COUNTY, NEBRASKA

STATE OF NEBRASKA,

Plaintiff,

v.

JASON KARIMI,

Defendant.

DEFENDANT’S NOTICE OF SUPPLEMENTAL AUTHORITY

COMES NOW the Defendant, Jason Karimi, appearing pro se, and respectfully submits the following supplemental authority relevant to the matters presently under advisement before the Court:

1.  On April 28, 2026, the United States Drug Enforcement Administration (“DEA”) issued a final rule placing certain FDA-approved products containing marijuana, as well as marijuana products regulated under qualifying state-issued medical marijuana licenses, into Schedule III of the Controlled Substances Act. See 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).

2.  Additionally, on May 10, 2026, Defendant filed a Notice of Intention to Participate in the DEA’s ongoing administrative proceeding concerning broader marijuana rescheduling, Docket No. DEA-1362, which includes issues concerning religious exercise, least-restrictive-means analysis, and federal religious-liberty protections.

3.  Defendant respectfully submits that these recent federal regulatory developments are relevant to the Court’s evaluation of Defendant’s pending motion to modify probation conditions because they reflect the federal government’s recognition that certain categories of marijuana possess accepted medical use and warrant treatment distinct from Schedule I substances.

4.  Defendant further submits that these developments materially bear upon the strict-scrutiny and least-restrictive-means analysis implicated by Defendant’s claims under the Nebraska First Freedom Act and related constitutional protections concerning sincere religious exercise.

WHEREFORE, Defendant respectfully requests that the Court take notice of the foregoing supplemental authority in considering Defendant’s pending motion.

 

Respectfully submitted,

/s/ Jason Karimi

Jason Karimi, Pro Se

Sioux Falls, South Dakota 57104

Dated: May 12, 2026

 

I certify that on May 11, 2026, I served a true and correct copy of the foregoing Defendant’s Notice of Supplemental Authority on the County Attorney’s Office by mail, electronic service, or other authorized method.

/s/ Jason Karimi
Jason Karimi, Pro Se

Direct Link:

https://www.federalregister.gov/documents/2026/04/28/2026-08176/schedules-of-controlled-substances-rescheduling-of-food-and-drug-administration-approved-products

Full Title (for reference):

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)