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Newly Revealed Biden Marijuana Guidance Rescinded By Trump DOJ Told Prosecutors To Be ‘Extremely Cautious’ About Cannabis Cases

Trump DOJ Rescinds Previous Biden-Era Cannabis Guidance

Dec 3, 2025

Source:

Kyle Jaeger

Marijuana Moment

It turns out the Biden administration had a secret play to protect cannabis users that we’re only just finding out about. A recently uncovered DOJ memo from early 2024 shows that federal prosecutors were actually ordered to be extremely cautious when pursuing marijuana cases. This guidance essentially told them to prioritize dismissing low-level charges and required high-level approval before moving forward with new possession cases. It even offered some rare protections for medical patients and gun owners who partake.

Unfortunately for the community, the Trump administration has already officially rescinded this guidance. Federal prosecutors, starting with those in Wyoming, are now being told to rigorously enforce federal laws again, even in legal states.

For regular tokers, this is a major reality check. While those Biden pardons got all the headlines, this behind-the-scenes policy was actually doing the heavy lifting to keep people out of the system. Losing this "caution" requirement means the threat of federal interference is back on the table, proving just how much our access depends on who is calling the shots at the DOJ.

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