Category: Law
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Masterpiece Cakeshop (2018): Government Hostility Toward Religion Triggers Constitutional Scrutiny
Masterpiece Cakeshop (2018): Government Hostility Toward Religion Triggers Constitutional Scrutiny Neutrality Is a Constitutional Requirement, Not a Courtesy. Masterpiece reinforces that neutrality must be operational, not just facial. By Jason Karimi | WeedPress | February 8, 2026 Key holding language from Justice Kennedy’s majority opinion: “The Commission’s hostility was inconsistent with the First Amendment’s guarantee…
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Schedule 3 Opened. The Record Was Ready With WeedPress.
Schedule 3 Opened. The Record Was Ready With WeedPress. By Jason Karimi | WeedPress | February 7, 2026 Seventeen years of structural analysis produced elite level policy and statutory analysis in 169 published long form articles over the past 90 days when federal cannabis rescheduling reached procedural ripeness under the CSA and APA. And that…
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Memorandum I: Structural Contradictions and Prospective Litigation Risk in Post-Rescheduling Cannabis Policy
WEEDPRESS POLICY SERIES™ No. 3 Cannabis Structural Analysis Series — Memorandum I of VTitle: Structural Contradictions and Prospective Litigation Risk in Post-Rescheduling Cannabis PolicyAuthor: Jason KarimiPublication: WeedpressDate: February 6, 2026 Document Type: Legal Memorandum | Executive Brief | Policy Analysis | Version 1.0 _____ About Weedpress Policy Series The Weedpress Policy Series publishes in-depth, citation-supported analysis…
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The Path to a Religious Cannabis Exemption: Why Medical Cannabis Systems Change the RFRA Equation
WEEDPRESS POLICY SERIES™ Federal Cannabis Law, Policy, and Oversight WeedPress Policy Series No. 2 Title: The Path to a Religious Cannabis Exemption: How Medical Cannabis Systems Change the RFRA Equation Author: Jason Karimi Publication: WeedPress Date: January 27, 2026 Document Type: Policy Analysis | Legal Memorandum | Investigative Report | RFRA & Religious Liberty Brief…
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Legal Memorandum: Common Misconceptions in Cannabis Activism Regarding Federal Drug Law
WEEDPRESS POLICY SERIES™ Federal Cannabis Law, Policy, and Oversight Weedpress Policy Series No. 1Title: Legal Memorandum: Common Misconceptions in Cannabis Activism Regarding Federal Drug LawAuthor: Jason KarimiPublication: WeedpressDate: January 25 2025 Document Type: Legal Memorandum | Executive Brief | Policy Analysis | Investigative Report ⸻ About Weedpress Policy Series The Weedpress Policy Series publishes in-depth,…
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How Federal Cannabis Rescheduling Is Being Mischaracterized in South Dakota Media Coverage
How Federal Cannabis Rescheduling Is Being Mischaracterized in South Dakota Media Coverage Federal cannabis rescheduling is not symbolism, and it does not work the way activists and local media keep claiming. South Dakota news coverage of federal cannabis rescheduling has become a feedback loop of activist talking points, repeated by reporters who never stop to…
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A New Legal Standard Emerges: How HHS’s Two-Part Test Is Reshaping DEA Drug Scheduling
Why the HHS Two-Part Test Is Now Influencing DEA Scheduling Decisions By Jason Karimi The Controlled Substances Act (CSA) has long required that a drug must have a “currently accepted medical use in treatment in the United States” before it can be placed outside of Schedule I. For decades, that determination was interpreted by the…
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South Dakota Leaves Medical Marijuana Patients as Federal Criminals: Lawsuit Being Filed Over Refusal to Seek Federal Exemption
The following is a work in progress. UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION Jason Karimi, Plaintiff, v. State of South Dakota; South Dakota Department of Health; South Dakota Medical Marijuana Oversight Committee; [Director], in his/her official capacity; Defendants. Case No. ___________ COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF I. INTRODUCTION 1. This…
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Petition: South Dakota Law Now Makes Schedule I Cannabis Classification Legally Impossible
The following is a work in progress. Draft of filing that asks Department of Health to acknowledge that medical cannabis laws contradict Schedule I definition. Update 2-1: I realized I was going about this all wrong. The following isn’t per se incorrect but there’s a much simpler stronger argument the court will prefer. I will…
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State Board Warns: Iowa Cannabis Users Break Federal Law
State Board Warns: Iowa Cannabis Users Break Federal Law Iowa’s medical cannabis program authorizes patient use at the state level but remains at odds with federal laws. Despite state authorization, Iowa’s medical cannabis program remains illegal under federal law, leading to ongoing legal risk and public safety implications — and lawmakers still haven’t acted on…
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Marijuana Is Still Federally Illegal — And the Fix Already Exists in Federal Law
Executive Summary Marijuana remains illegal under the federal Controlled Substances Act. State legalization has expanded rapidly, but federal law has not changed. State cannabis systems now operate on enforcement tolerance rather than legal authorization, creating escalating compliance failures nationwide. However, Congress already created a lawful solution — and states are not using it. The Structural…
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The Federal Marijuana Contradiction Is Now Structurally Unsustainable
For more than a decade, marijuana policy in the United States has existed in a legal twilight zone. State legalization expanded rapidly, political rhetoric normalized cannabis, and entire industries were built on the assumption that federal reform was “inevitable.” But that inevitability never arrived. Instead, federal law never moved — and now the contradiction is…
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A Sioux Falls Storefront Is Selling “Cannabis” Without a South Dakota Cannabis License
By Jason Karimi – WeedPress / SD Cannabis Ledger A retail storefront operating at 825 South Minnesota Avenue in Sioux Falls presents itself to the public as a cannabis dispensary. It uses marijuana branding. It advertises cannabis. It invites walk-in customers. But it does not hold a South Dakota medical cannabis dispensary license. Which means…
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The Statutory Rescheduling Battlefield: Endgame Legal Weapons
The Statutory Rescheduling Battlefield 1. Who Is Allowed to Challenge Rescheduling? 21 U.S.C. § 811(a) Rescheduling can be initiated by: • Attorney General • Secretary of HHS • Any “interested party” • Or the UN treaty mechanism So the moment the final rule is published, the universe of potential challengers is not “any random person.”…
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How to File as an “Interested Person” in a DEA Scheduling or Rescheduling Proceeding
See previously on WeedPress: The Master Definition That Quietly Gave The Public Standing Against the DEA The DEA does not decide who has standing in federal drug rulemaking. The regulation does. And under 21 C.F.R. § 1300.01(b), the public has a formal legal doorway into DEA scheduling proceedings: “Interested person means any person adversely affected…
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The Master Definition That Quietly Gave the Public Standing Against the DEA
There is a single sentence inside federal regulations that quietly determines who gets legal standing in DEA drug scheduling and rescheduling proceedings. It is not a press release. It is not a policy memo. It is not optional. It is binding federal law. And it decides who gets a seat at the table. The Controlling…
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Iowa’s Chapter 204 Hemp Framework Is Headed for a Federal Collision — and the Legislature Needs to Fix It
For the last few years, Iowa has tried to thread a needle: keep “hemp” legal while cracking down on the intoxicating THC marketplace that grew out of the 2018 Farm Bill’s loopholes. That’s the basic story behind Iowa’s consumable-hemp rules (embedded in Iowa’s Chapter 204 framework and enforced through state rules and HHS registration): age…
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THE FEDERAL MARIJUANA RESCHEDULING SHOCKWAVE
Why Most State Drug Laws Will Collapse Without Immediate Legislative Repair A WeedPress White Paper Based on national Controlled Substances Act architecture documented by Vicente LLP Executive Summary The American drug-law system is not fifty independent sovereign criminal codes. It is a federally anchored network of derivative state statutes. Most U.S. states have written their…
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THE 50-STATE CONTROLLED SUBSTANCES COLLAPSE MAP
THE 50-STATE CONTROLLED SUBSTANCES COLLAPSE MAP How Federal Marijuana Rescheduling Breaks State Law Every state falls into one of four legal architectures. Only ONE of them survives federal rescheduling cleanly. (Baseline – DOJ/BJA State CSA Survey) CATEGORY A – DYNAMIC FEDERAL CONFORMITY These states automatically adopt federal drug scheduling changes. Federal marijuana rescheduling rewrites their…
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Marijuana Rescheduling: What It Really Means for South Dakotans (and Why State Law May Collapse Without Legislative Action)
https://www.dakotanewsnow.com/2025/12/23/marijuana-reclassification-what-it-means-south-dakotans/ Attorney General Marty Jackley believes the studies could finally provide evidence to the medicinal use of marijuana, other than the personal anecdotes. “South Dakota has medical marijuana statutes, but they’re not necessarily based on research because we couldn’t have the research. So the president’s desire that I share is to do more research on…
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A federal reset on cannabis is coming. Iowa should not miss it. | Opinion
https://www.desmoinesregister.com/story/opinion/columnists/iowa-view/2025/12/28/iowa-federal-marijuana-reset/87909387007/?gnt-cfr=1&gca-cat=p&gca-uir=true&gca-epti=z116461p001150c001150d00—-v116461d–xx–b–xx–&gca-ft=141&gca-ds=sophi Response to the above was printed in the Register on Sunday December 31st and is reprinted here in full: https://carl-olsen.com/2025/12/letter-to-the-editor-december-2025 Letter to the Editor – December 2025 December 28, 2025 To the Editor: Rick Wagaman’s Guest Opinion(Des Moines Register, 12/28/25), “Iowa should be ready for reset on cannabis,” leaves out an important step Iowa should…
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Federal Scheduling Doesn’t Require Hearings
If you want to see all the scheduling actions under CSA, look here. Then you’ll see which ones have included hearings. That will prove that a hearing isn’t required. Just an opportunity. Hearings are the exception. Orange Book – List of Controlled Substances and Regulated Chemicals https://www.deadiversion.usdoj.gov/schedules/orangebook/orangebook.pdf I know not everyone reads 128 page legal…
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Proceeding Pro Se Quote
Because Respondent proceeds pro se, their pleadings are entitled to a liberal construction and “held to less stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007); Haines v. Kerner, 404 U.S. 519, 520–21 (1972). The question is not whether Respondent will ultimately prevail, but whether they are entitled to offer evidence in support of their…
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APA Concerns Delayed Rescheduling
Not surprising. Makes a lot of sense if you’ve studied administrative law for a few thousand hours.
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Americans for Safe Access Explain Schedule 3
https://www.safeaccessnow.org/trump_executive_order_rescheduling
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What Schedule III Means Under Federal Law
What Schedule III Means Under Federal Law Reader note: This blog post protected by the constitution’s first amendment. Schedule III substances are defined under the Controlled Substances Act as drugs with: Accepted medical use Moderate to low potential for physical dependence Potential for psychological dependence Examples currently include ketamine, anabolic steroids, and certain codeine-containing medications.…
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Request for South Dakota to Petition U.S. Attorney General for Waiver Under 21 U.S.C. § 822(d)
South Dakota’s medical cannabis setup (under Department of Health via SDCL 34-20G) is tightly regulated, low-diversion, and focused on patients—ideal for arguing a 21 U.S.C. § 822(d) waiver to exempt state-licensed operators from DEA registration, as long as it aligns with public health/safety. No one’s filed yet (day zero), but SD could slot in after…
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Gateway Drug Theory Rejected By DEA and HHS: Federal Register
81 Fed. Reg. 53767, 53784 (Aug. 12, 2016) (concluding that “research does not support a direct causal relationship between regular marijuana use and other illicit drug use” and emphasizing that “[l]ittle evidence supports the hypothesis that initiation of marijuana use leads to an abuse disorder with other illicit substances”). Full text of the decision available…
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Truck Drivers Can Use Cannabis Under Schedule 3 Absent Policy Interventions
https://www.marijuanamoment.net/drug-testing-industry-group-is-sounding-the-alarm-about-marijuana-rescheduling-as-trump-plans-action/ I’m now a solo advocate and quit representing other people as the entire weed movement and all its groups desire criminality, rebellion, and cool kid ego games and I can’t do it any longer. When I say that, as cannabis advocates, we cannot unleash regulations that don’t respect public health and safety, or programs…
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DEA Lawyer To Judge: 21 USC 822(d) Is Statute Governing Federal Exemption Applications
Clarity here: https://weedpress.wordpress.com/2025/11/24/iowaska-church-of-healing-oral-argument-in-dc-court/
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RFRA Protections: Watered Down Trap Inferior To Other Protections Or Not?
Grok AI says: The most famous and direct Supreme Court statement lamenting that the Religious Freedom Restoration Act (RFRA) has been “watered down” or dramatically weakened comes from Justice Antonin Scalia’s majority opinion in Employment Division v. Smith (1990) is actually the pre-RFRA case that prompted Congress to pass RFRA in the first place. After…
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The Federal Exemption Process Protects Pot Users Needing Organ Transplants…
Imagine a doctor denied your father life saving surgery because he’s a medical cannabis user: Pot Can Get You Kicked Off Transplant Lists — Even In States Where It’s Legal (Buzzfeed) How would you feel? Here’s how to ensure loved ones never have to again face denial of medical life saving surgeries for being cannabis…
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Neil Rockind’s Challenge to Schedule I Status in Michigan
Neil S. Rockind, a prominent criminal defense attorney based in Bloomfield Hills, Michigan, successfully argued for the dismissal of charges in People v. Richmond (also referenced as the “Clinical Relief Dispensary Case”). This case centered on marijuana-related charges tied to the operation of a medical marijuana dispensary (Clinical Relief) in Michigan. Rockind challenged the validity…
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Ilhan Omar’s Office Called WeedPress For Help On Federal Exemption To State Cannabis Laws!!!!
Just a brief note, but I was asked this last week by Ilhan Omar’s Congressional office for info on a bill I wrote the bill summary for in 2021 that passed the Minnesota House. Read the bill here: House File 1023. The bill was introduced by Young Americans for Liberty endorsed House Rep Jeremy Munson.…
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FDA Says Iowa’s Medical Marijuana Law Doesn’t Risk Federal Funds For Academic Institutions
POLITICS FDA Says Iowa’s Medical Marijuana Law Doesn’t Risk Federal Funds For Academic Institutions https://www.marijuanamoment.net/fda-says-iowas-medical-marijuana-law-doesnt-risk-federal-funds-for-academic-institutions/
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Iowaska Church Of Healing Oral Argument In DC Court
Case 2: 25-1140 In re: Iowaska Church of Healing Friday, November 14, 2025 9:30 A.M. USCA Courtroom 31 Judges Henderson, Katsas, Garcia Karen LeCraft Henderson Gregory G. Katsas Bradley N. Garcia 25-1140 In re: Iowaska Church of Healing 10 minutes per side Arguing: Simon A. Steel, Lowell V. Sturgill Jr. (DOJ)…
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Why Ilhan Omar’s “Fed Exemption for Hemp” Has No Application Process
21 USC 822(d) has no application process. 21 USC 822(d) covers a class of activity, such as religious use of peyote. 21 USC 822(d) should be between a state and the federal administration, like it is between that church and the federal administration. There is no application, but a state attorney general…
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Petition To South Dakota Legislature Senate And House Leadership
Copy To: President of the South Dakota Senate Copy to: Speaker of the South Dakota House This petition is submitted pursuant to: South Dakota Constitution 0N-6-4§ 4: § 4. Right of petition and peaceable assembly. The right of petition, and of the people peaceably to assemble to consult for the common good and make known their opinions, shall never be abridged.…
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Lander Case, Certiorari Filed By National Sheriffs Association
Explains RLUIPA a bit, 1983 claims Click to access 20251001235510035_LaNsa_Amicus%20Document%20October%201%202025%20EFile.pdf The sheriffs say Landor should have used 42 U.S.C. 1983.
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Nebraska Probationer Requests Medical Cannabis Be Allowed In Court Filing
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…
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DEA Brief in Iowaska Healing Church Iowa Lawsuit July 2025
Download the DEA brief at the above link. Case concerns an ayahuasca church demanding religious exemption to use ayahuasca in ceremony as their sacrament. Interesting brief.
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Olsen v. DEA, 878 F.2d 1458, 1461 (D.C. Cir. 1989)
The DEA’s contention that Congress directed the Administrator automatically to turn away all churches save one opens a grave constitutional question. A statutory exemption authorized for one church alone, and for which no other church may qualify, presents a “denominational preference” not easily reconciled with the establishment clause. See Larson v. Valente, 456 U.S. 228, 245,…
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Recent DEA Footnote Acknowledges Two Part CAMU Test!
For those following mj rescheduling, pg 7 fn 13 of this DEA doc temporarily placing 3 synth opioids in schedule I may be of interest. DEA acknowledges the existence of and authority for the 2-part test for CAMU, though it also applies its own 5-part test: https://public-inspection.federalregister.gov/2025-11462.pdf?utm_campaign=pi+subscription+mailing+list&utm_medium=email&utm_source=federalregister.gov
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RFRA Changes The Cannabis Game; Fulfills My Prediction Religious Cannabis Constitutional Claims
Prior to RFRA state laws, I argued the first amendment right to religion would bring constitutional rulings for individuals protecting religious access to cannabis in private prayer. I think this is still the inevitable end result of cannabis litigations. There are several things to note about the RFRA.
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Senator John Thune: Federal Solution To State Medical Marijuana Laws In Hands Of State, Not Congress
Senator John Thune’s office had me come install a TV mount for them and while there I asked a question. I got a letter in response that wasn’t a form letter at all. Below is the recording I made of my phone call to the state Attorney Generals office. I am also contacting the governor…
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Nebraska Judge Dismisses Kuehn Lawsuit Seeking To Block Med Cannabis
Sources tell WeedPress John Kuehn’s legal team will appeal this inevitably predictable ruling long expected. But, the lawsuit seeking to stop medical cannabis laws from being implemented has been dismissed. The merits of whether state medical cannabis programs are lawful under federal law remains to be litigated. Smart Approaches to Marijuana keeps making very not…
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Email To Nebraska Medical Cannabis Commission About Federal Law
lcc.frontdesk@nebraska.gov The Nebraska Examiner three hours ago published an article stating public comment was being requested. See this link: https://nebraskaexaminer.com/2025/06/26/nebraska-commission-approves-emergency-medical-cannabis-regulations/ In response to the public policy making invitation for expert commentary I shared the following expertise. Dear commissioners, The Iowa medical cannabis advisory board for three years now has recommended policy makers follow federal law…
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Model Legal Arguments & Proposed Legislative Language for Rastafarian Religious Cannabis Protections in South Dakota
I. Model Legal Arguments for a RFRA Defense A. Establishing a Substantial Burden on Religious Exercise B. State Fails Strict Scrutiny Test C. Precedent Favoring Religious Exemptions II. Proposed Legislative Language for Religious Cannabis Protections A. Amendment to South Dakota Medical Cannabis Law (SDCL 34-20G) Add a new section: B. RFRA Clarification Amendment (SDCL 1-1-23)…
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South Dakota report: allowing probationers to use medical cannabis is authorizing violations of federal law
I told you federal law matters. The solution is for South Dakota to apply for federal exemption pursuant to 21 USC 822(d).
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Religious Cannabis Exemption Iowa Research
Government cannot favor religious activity over secular, or visa versa. The judicial cannon of constitutional avoidance means an unconstitutional statute is only unconstitutional if it is actually applied to someone in an unconstitutional way. Someone has to be injured by it, or it’s never going to be held unconstitutional. The problem with…
WeedPress: The Paper Trail 