Category: RFRA Updates
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Court Rules
https://nebraskajudicial.gov/supreme-court-rules/chapter-6-trial-courts/article-11-nebraska-court-rules-pleading-civil-cases-effective-january-1-2025 https://nebraskajudicial.gov/external-court-rules/district-court-local-rules/district-6 priority: Rule 6-6 § 6-1505 § 6-1105 § 6-1107 Then the affidavit statutes §§ 25-1241 and 25-1245 8. Neb. Rev. Stat. § 29-2267 (probation revocation / increasing probation requirements) It says the court shall not revoke probation or increase probation requirements except after a hearing on proper notice where the violation is proved…
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RFRA: A Case Law Survey
These RFRA cases show the recurring doctrinal questions courts ask: substantial burden, exhaustion, factual specificity, and whether courts—not agencies alone—may recognize exceptions. Oklevueha Native Am. Church of Haw., Inc. v. Lynch, 828 F.3d 1012, 1016–17 (9th Cir. 2016) (“RFRA itself provides no explicit definition of ‘substantial burden.’ However, we have held that the meaning of…
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Why Medical Cannabis Programs Usually Don’t Trigger Lukumi Strict Scrutiny
Why Medical Cannabis Programs Usually Don’t Trigger Lukumi Strict Scrutiny Why take a detour to get to strict scrutiny when you don’t need to? State RFRA may be inferior to a world where Smith is overruled, but in actual cannabis litigation it is usually superior to relying on Smith exceptions alone. By Jason Karimi |…
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Jack Woody and the Forgotten Origin of Peyote Exemptions
Jack Woody and the Forgotten Origin of Peyote Exemptions By Jason Karimi | WeedPress March 23, 2026 Before peyote exemptions were narrowed into modern statutory categories, the issue was simpler: people were being prosecuted for practicing their religion. That is what People v. Woody was about. In 1964, the California Supreme Court reversed peyote convictions…
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1995 Article: Nebraska Had No State Peyote Exemption
1995 Article: Nebraska Had No State Peyote Exemption By Jason Karimi | WeedPress March 23, 2026 A 1995 NARF Legal Review article states it plainly: “Nebraska state law never provided an exemption for the religious use of peyote by Indians.” The article explains that this created a practical problem in Nebraska. Native American Church members…
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The Real Tactical Choice in Religious-Cannabis Litigation: RFRA or Section 1983?
The Real Tactical Choice in Religious-Cannabis Litigation: RFRA or Section 1983? A major strategic question is emerging in religious-cannabis litigation, and it is bigger than any one state. If a Rastafarian plaintiff is challenging marijuana restrictions as applied to religious use, what is the best vehicle: a state Religious Freedom Restoration Act, or 42 U.S.C.…
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Today’s Probation Meeting Matters More Than It Looks
Today’s Probation Meeting Matters More Than It Looks Today’s meeting with probation may end up being one of the most important timeline entries in this entire case. At the meeting, my probation officer indicated that he had been planning to administer a UA. But once the pending religious evidentiary hearing was part of the picture,…
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United States v. Valrey: Federal Probation Exemption Granted For Marijuana Use
United States v. Valrey (sometimes spelled Valery or Vairey in references, but most commonly cited as Valrey), decided on February 22, 2000, by the U.S. District Court for the Western District of Washington (case number CR96-549Z or similar). It’s an unpublished district court opinion (2000 WL 692647), meaning it’s not in the official Federal Reporter…
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The Hidden Pattern Behind Religious Drug Exemptions: They’re Granted Because the Faiths Are Indigenous
The Hidden Pattern Behind Religious Drug Exemptions: They’re Granted Because the Faiths Are Indigenous By Jason Karimi | WeedPress March 16, 2026 In the decades-long “War on Drugs,” nearly every controlled substance is treated the same: illegal, dangerous, zero tolerance. Yet three high-profile exceptions keep popping up—peyote, ayahuasca, and cannabis in Rastafarian practice. Courts, legislatures,…
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The RFRA Trap: Litigation Sequencing and the Structural Limits of State Religious Freedom Claims in Drug Law
The RFRA Trap: Litigation Sequencing and the Structural Limits of State Religious Freedom Claims in Drug Law Why arguing state RFRA before federal constitutional claims can foreclose Supreme Court review — and how litigation order determines survival. By Jason Karimi | WeedPress February 15, 2026 State Religious Freedom Restoration Acts are often treated as constitutional…
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South Dakota Senate Passes Resolution Calling for Prayer — While Cannabis Policy Still in Flux
South Dakota Senate Passes Resolution Calling for Prayer — While Cannabis Policy Still in Flux By Reverend Jason Karimi | WeedPress | February 4, 2026 This week, the South Dakota Senate passed Senate Concurrent Resolution 604 — a non-binding call urging residents of the state to “return to the Lord Most High” and observe a…
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Iowa Ayahuasca Church’s Bid to Force DEA Action Argued in D.C. Circuit, Decision Pending
Judges Signal Skepticism as Court Considers Forcing DEA to Act on Long-Delayed Exemption for Iowa Church Iowa Ayahuasca Church’s Bid to Force DEA Action Argued in D.C. Circuit, Decision Pending By Jason Karimi | WeedPress | January 39, 2026 An Iowa-based religious group has asked the U.S. Court of Appeals for the District of Columbia…
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No. 2 – The Path to a Religious Cannabis Exemption: Why Medical Cannabis Systems Change the RFRA Equation
The Path to a Religious Cannabis Exemption: Why Medical Cannabis Systems Change the RFRA Equation By Jason Karimi | WeedPress Policy Series No. 2 January 27, 2026 For decades, U.S. courts have uniformly rejected claims that marijuana is protected as a religious sacrament under the First Amendment or the Religious Freedom Restoration Act (RFRA). Ethiopian…
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Petition For Religious Cannabis Exemption In Nebraska
IN THE DISTRICT COURT OF THURSTON COUNTY, NEBRASKA STATE OF NEBRASKA, Plaintiff, v. JASON KARIMI, Defendant. Case No: DEFENDANT’S PRO SE MOTION TO MODIFY PROBATION CONDITION PURSUANT TO THE NEBRASKA FIRST FREEDOM ACT (NEB. REV. STAT. §§ 20-701 – 20-705) COMES NOW the Defendant, appearing pro se, and…
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Time to Work On Religious Cannabis Petition For Nebraska
I’m one of two cases involving religious cannabis users arguing a constitutional right for religious exemption to cannabis laws in Nebraska. If non-religious secular medical users get exemption, but not religious users, that’s discrimination. Asking a court for such a ruling is warranted. I’ve got 50 pages of notes to turn into my filings. So,…
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Two Religious Cannabis Cases Now Proceeding in Nebraska
My case, and a church member of mine, are proceeding in Nebraska. Mine is a probation challenge stating probation can’t restrict private not for profit religious use when the state is allowing and legislating secular medical exemptions. The second case I won’t report on so as not to screw up important litigation strategies but I…
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Nebraska First Freedom Act Floor Discussion
LB43 Floor Debate (January 23, 2024) KELLY: Thank you, Mr. Clerk. Senator Sanders, you are recognized open on LB43. SANDERS: Good morning, Mr. President, and members of the Legislature. I stand here today to bring LB43 before you. Earlier on in our education, we were taught about the separation of powers among three branches…
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Filing structure for Nebraska RFRA Challenge
When in Rome…. FILING PACKAGE — COMPLETE STRUCTURE 1. Motion (Captioned, Filed in Your Criminal Case) Title: Motion to Modify Conditions of Probation Pursuant to Nebraska Religious Freedom Act (Neb. Rev. Stat. §§ 20-403 to 20-404) and Neb. Rev. Stat. § 29-2263 What it asks for (clean framing): A narrow, as-applied modification of one probation…
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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…
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Petition To White House Faith Office For Religious Protections For Rastafarians (DRAFT)
Subject: Petition for Religious Exemption for the Sacramental Use of Cannabis Under the Religious Freedom Restoration Act (RFRA) Date: 12-18-2025 To: The White House Office of Faith-Based and Neighborhood Partnerships The White House1600 Pennsylvania Avenue NWWashington, DC 20500 Dear Director and Staff of the Office of Faith-Based and Neighborhood Partnerships, Mr. Karimi, the undersigned, respectfully…
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Utah Court Grants Standing To Intervene For Sugarleaf Church Member
A church I am a member of has received approval to intervene in Utah in an ongoing case. Attached is the ruling:
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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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Holy Smoke: Rastafarians Toke for a Higher Power (2013 City Pages Minnesota)
Holy Smoke: Rastafarians Toke for a Higher Power By Matt Peterson October 9, 2013 Hey, pass me that lighter,” Jamison Arend says to the guy in the chair next to him, a younger man with loose dreadlocks that hang down to his waist. The two men are lounging in the living room of a modest,…
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Wyoming Religious Cannabis Lawsuit Happening
Wyoming passed RFRA. Weedpress will provide details on a lawsuit we just found out about shortly. Stay…tuned…
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Why DEA Religious Guidance For Religious Mushrooms Was Issued
As my personal understanding currently stands, Agencies cannot consider constitutional issues so this DEA religious guidance is a moot point. It essentially says, write DEA a letter to ask for exemption. That is consistent with the process for states to apply for federal exemption for medical cannabis programs as well, so that is technically correct,…
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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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Opening Statement
Good morning your honor. Good morning counsel. The State has not met its burden of demonstrating a compelling interest in prohibiting the Petitioner’s possession of cannabis for religious use. The State has the burden under the Iowa Religious Freedom Restoration Act to show the Petitioner’s possession of cannabis for religious use is a threat 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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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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Attorneys, Donations Needed To Set Up Ayahuasca Church
https://churchgaia.org/so/3aPUZFirN?languageTag=en&cid=a3a84240-6042-459c-96bd-544eb7bf09eb This is one of the most important calls for support we’ve ever made—and we’re asking for your help to keep us moving forward. As many of you know, the journey to establishing this sacred community and bringing our vision to life has been a labor of deep love and commitment. For the…
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SD State Reply Brief Example RE: RFRA Motion To Dismiss Cannabis Charges
The State opposes Defendant’s Motion to Dismiss, arguing: II. ARGUMENT A. State Has Compelling Interests Under Strict Scrutiny B. Burden on Religion is Not “Substantial” C. Precedent Rejects Broad Exemptions III. CONCLUSION The Motion to Dismiss should be denied because: Dated: [XX/XX/XXXX]Respectfully submitted,[Prosecutor Name][County State’s Attorney Office] Strategic Takeaways for Defense Rebuttal ************************************************* IN THE…
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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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Standing Granted In Religious Cannabis Lawsuit
A case I’m working on for a religious cannabis lawsuit demanding equal access to state authorized medical dispensaries via some remedy entailing a separate process for religious users to apply for a religious card has been granted standing following the state’s motion to dismiss. The case will now move on to the merits. I am…
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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 