Category: WeedPress Policy Series
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No. 14 – The South Dakota Controlled Substances Act: Legislative Architecture, Intent, and Institutional Design in a Potential Federal Rescheduling Context
The South Dakota Controlled Substances Act: Legislative Architecture, Intent, and Institutional Design in a Potential Federal Rescheduling Context By Jason Karimi | WeedPress Policy Series No 14 March 24, 2026 I. Introduction As previewed in WeedPress White Paper No. 1, South Dakota adopted its Controlled Substances Act (“CSA”) in 1970 as part of a broader…
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Cannabis Federalism After Medical Recognition
Cannabis Federalism After Medical Recognition Administrative Record, Rational Basis, and Vertical Separation of Powers Jason KarimiWeedPress White Paper No. 1March 17 2026 ⸻ Executive Summary Federal acknowledgment that cannabis has “currently accepted medical use” under the Controlled Substances Act (“CSA”) would not merely reclassify a substance. It would recalibrate the constitutional and evidentiary framework within…
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No. 13 — Criminal Prosecution After Federal Medical Recognition: Motions Practice, Rational Basis, and Schedule I Litigation Exposure
No. 13 — Criminal Prosecution After Federal Medical Recognition: Motions Practice, Rational Basis, and Schedule I Litigation Exposure By Jason Karimi | WeedPress Policy Series No. 13 | March 10, 2026 ⸻ Abstract Federal rescheduling of cannabis based on a determination of “currently accepted medical use” alters not only regulatory classifications but also the litigation…
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No. 12 – Federal Rescheduling as a Preemption Trigger — How Acknowledged Medical Use Constrains State Schedule I Enforcement
Federal Rescheduling as a Preemption Trigger — How Acknowledged Medical Use Constrains State Schedule I Enforcement By Jason Karimi | WeedPress | March 6, 2026 ⸻ Abstract Federal cannabis rescheduling premised on a finding of “currently accepted medical use” carries implications beyond regulatory reclassification. This Article argues that formal federal acknowledgment of medical legitimacy materially…
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No. 11 – Equal Protection and Economic Protectionism in Cannabis Licensing: Classification, Remedial Design, and Constitutional Limits
Equal Protection and Economic Protectionism in Cannabis Licensing: Classification, Remedial Design, and Constitutional Limits By Jason Karimi | WeedPress Policy Series No. 11March 3 2026 The prior essays examined how cannabis rescheduling may trigger Dormant Commerce Clause challenges and Supremacy Clause preemption disputes. But constitutional scrutiny does not arise only from interstate commerce or federal…
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No. 10 — Federal Preemption After Rescheduling: Conflict, Obstacle, and Cannabis Federalism
No. 10 — Federal Preemption After Rescheduling: Conflict, Obstacle, and Cannabis Federalism If federal enforcement priorities shift while federal prohibition remains intact, courts will increasingly confront whether the CSA preempts state licensing structures that depend on continued federal forbearance. Whether state laws are argued as exemptions to new and changing federal CSA directives will likely…
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No. 9 – Dormant Commerce Clause, Preemption, and Cannabis Rescheduling
Dormant Commerce Clause, Preemption, and Cannabis Rescheduling By Jason Karimi | WeedPress Policy Series No. 9February 2026 The prior essays examined how modern administrative law constrains federal cannabis reform through doctrines of delegation, deference, and procedural review. If marijuana is rescheduled under the Controlled Substances Act (CSA), however, a different constitutional doctrine may move to…
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South Dakota’s Schedule I Problem Is Now in the Administrative Record
South Dakota’s Schedule I Problem Is Now in the Administrative Record By Jason Karimi | WeedPress February 23, 2026 Today, a formal Petition for Declaratory Ruling and Mandatory Scheduling Review of Cannabis was submitted to the South Dakota Department of Health under SDCL § 1-26-13, requesting review of marijuana’s continued placement in Schedule I. I…
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No. 8 – Administrative Procedure Act Vulnerabilities in DEA Rescheduling
Administrative Procedure Act Vulnerabilities in DEA Rescheduling By Jason Karimi | WeedPress Policy Series No. 8February 20 2026 The prior essays examined how the Major Questions Doctrine and the collapse of Chevron deference reshape judicial review of agency action. If the Drug Enforcement Administration (DEA) undertakes significant rescheduling under the Controlled Substances Act (CSA), the…
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No. 7 – Chevron’s Collapse and Cannabis Regulation: Judicial Review After Loper Bright
Chevron’s Collapse and Cannabis Regulation: Judicial Review After Loper Bright By Jason Karimi | WeedPress Policy Series No. 7February 2026 The prior essay examined how the Major Questions Doctrine shapes judicial scrutiny when agencies assert power over issues of vast economic or political significance. But another doctrinal shift may prove even more consequential for cannabis…
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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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No. 6 – The Major Questions Doctrine and Cannabis Reform: Delegation, Scale, and Judicial Review
The Major Questions Doctrine and Cannabis Reform: Delegation, Scale, and Judicial Review By Jason Karimi | WeedPress Policy Series No. 6 February 14, 2026 The prior essays examined the Controlled Substances Act (CSA) as a regulatory architecture containing delegated exception authority and then clarified the limits of that delegation under 21 U.S.C. §…
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No. 5 – The Limits of § 822(d): What It Does — and Does Not — Authorize
The Limits of § 822(d): What It Does — and Does Not — Authorize By Jason Karimi | WeedPress Policy Series #5 February 13, 2026 The prior essay argued that the Controlled Substances Act (CSA) is not a blunt prohibition instrument, but a regulatory architecture containing delegated exception authority. That structural claim warrants clarification. This…
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No. 4 – The Controlled Substances Act Is Not a Blunt Instrument — It Is an Architecture of Exceptions
The Controlled Substances Act Is Not a Blunt Instrument — It Is an Architecture of Exceptions By Jason Karimi | WeedPress Policy Series #4| February 13, 2026 A recent Harvard Law Review–discussed argument (as reviewed in Drug Scheduling Is Institutional Design — And That Changes Everything) suggests the Controlled Substances Act (CSA) is structurally imperfect…
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No. 3 – Structural Contradictions and Prospective Litigation Risk in Post-Rescheduling Cannabis Policy
Structural Contradictions and Litigation Exposure in Post-Rescheduling Cannabis Policy By Jason Karimi | WeedPress Policy Series No. 3 February 6, 2026 ⸻ I. Executive Summary Federal rescheduling of cannabis under the Controlled Substances Act (“CSA”) alters classification but does not eliminate structural tension between federal authority and state regulatory regimes.¹ Reclassification under 21 U.S.C. §…
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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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No. 1 – Legal Memorandum: Common Misconceptions in Cannabis Activism Regarding Federal Drug Law
Legal Memorandum: Common Misconceptions in Cannabis Activism Regarding Federal Drug Law Jason KarimiWeedpress | January 2026 Executive Summary Public discourse surrounding cannabis reform continues to reflect widespread misunderstanding of federal drug law. In particular, cannabis advocacy frequently conflates administrative scheduling changes with legalization, underestimates the role of international treaty obligations, and overlooks existing statutory mechanisms…
WeedPress: The Paper Trail 