CHEYENNE, Wyo. – The United States Attorney for the District of Wyoming said his office will “rigorously prosecute” minor marijuana possession violations on federal lands following a reported change in federal guidance.
Federal memo signals tougher stance
According to a November 13 memo issued by U.S. Attorney Darrin Smith, the Department of Justice has “rescinded previous guidance [and] marijuana offenses occurring on federal land, such as national parks, will now be rigorously prosecuted.”
“Marijuana possession remains a federal crime in the United States, irrespective of varying state laws,” Smith noted in the memo. “The detrimental effects of drugs on our society are undeniable, and I am committed to using every prosecutorial tool available to hold offenders accountable.”
He also told WyoFile, “This administration thinks marijuana use is a public safety hazard, and this office is going to uphold the law and ensure safety and security of the public within our jurisdiction.”
Confusion over past enforcement priorities
It is unclear whether the prior administration ever issued a formal directive to US prosecutors deemphasizing the prosecution of low-level marijuana prosecutions. (Both Smith’s office and the Justice Department declined to provide documentation of the previous policy to The Associated Press.) However, former U.S. Attorney General Merrick Garland publicly stated that prosecuting state-sanctioned cannabis activities “does not seem to me a useful use” of the Justice Department’s limited resources. Furthermore, on two occasions, the Biden Administration issued pardon proclamations to those with federal convictions for low-level marijuana offenses.
Advocates call the shift misguided
NORML Deputy Director Paul Armentano called the Justice Department’s reported change in policy “inappropriate and misguided.”
“Nearly half of all U.S. states have legalized cannabis possession and most Americans say that consuming cannabis should no longer be a crime; they certainly don’t want federal resources directed toward these misplaced priorities, particularly during these difficult economic times. Further, this policy decision runs contrary to President Trump’s comments while on the campaign trail, when he said, ‘We do not need to ruin lives and waste taxpayers’ dollars arresting adults with personal amounts of it on them.’”
Key questions about federal marijuana enforcement
What does the new DoJ guidance change?
The Wyoming U.S. attorney said his office will rigorously prosecute marijuana possession on federal lands, reversing years of deprioritized enforcement under previous administrations.
Does this affect state-legal cannabis consumers?
Yes, when they enter federal property. Cannabis remains illegal federally, and national parks, forests, and other federal lands fall under federal jurisdiction.
Was there ever a formal policy reducing marijuana prosecutions?
It’s unclear. The prior administration never produced written directives, though former Attorney General Merrick Garland said targeting state-legal cannabis activity was not a good use of resources.
How are advocacy groups responding?
NORML called the change “inappropriate and misguided,” citing broad public support for decriminalization and state-level legalization.
The National Organization for the Reform of Marijuana Laws (NORML) is America’s oldest cannabis consumer lobby. To become a member of NORML or support NORML’s efforts, consider making a donation.
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