US Attorney Will Begin ‘Rigorously’ Prosecuting People For Marijuana On Federal Land...

A U.S. attorney’s office says it will now begin “rigorously” prosecuting
people over simple possession or use of marijuana on federal lands after
the Trump administration rescinded Biden-era guidance that advised against
taking such legal actions.

The U.S. Attorney’s Office for the District of Wyoming said in a press
release on Thursday that the Justice Department “rescinded previous
guidance concerning the prosecution of simple marijuana possession” in a
memo to prosecutors on September 29.

“This comes after President Biden pardoned certain U.S. citizens and lawful
permanent residents for offenses related to simple possession, attempted
possession, or use of marijuana and directed U.S. Attorney’s [sic] not to
prosecute those offenses,” it said. “This significantly curtailed federal
prosecutions of misdemeanor marijuana offenses.”

While Biden granted two rounds of mass pardons for people who’ve committed
federal cannabis possession offenses during his term—specifically including
those prosecuted for possession on federal lands during the second
round—the administration didn’t publicize that any prosecutorial guidance
directive had been issued, and none has previously been reported.

As far as the September 29 DOJ rescission action referenced by the U.S.
attorney’s office is concerned, that memo also does not appear to be
publicly available. Marijuana Moment reached out to the Justice Department
for clarification, but a representative did not immediately provide the
document or details about it.

“Marijuana possession remains a federal crime in the United States,
irrespective of varying state laws,” U.S. Attorney Darin Smith said in his
office’s press release. “The detrimental effects of drugs on our society
are undeniable, and I am committed to using every prosecutorial tool
available to hold offenders accountable.”

“The U.S. Attorney’s Office for the District of Wyoming remains steadfast
in its mission to uphold the rule of law, including the enforcement of
federal statutes prohibiting the possession of marijuana and other
controlled substances,” Smith’s office said.

While questions remain as to the specifics of both the Biden- and
Trump-related marijuana prosecutorial guidance, the federal attorney’s
message adds to the uncertainty around how the current administration views
its enforcement role as federal and state cannabis laws continue to
conflict.

For example, the notice from Smith’s office comes just one day after Trump
signed a key spending bill that contains provisions to ban consumable hemp
products with THC—a move that industry stakeholders say would eradicate the
market that’s emerged since the president signed the 2018 Farm Bill
legalizing the crop during his first term.

Then there’s the ongoing marijuana rescheduling process that the president
said in late August would be decided within a matter of weeks.

That still hasn’t come to fruition—and a White House spokesperson told
Marijuana Moment on Wednesday that “there is a process ongoing regarding
the Notice of Proposed Rulemaking on rescheduling marijuana from May 2024
and all policy and legal requirements and implications are being
considered.”


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Trump endorsed rescheduling—as well as marijuana industry banking access
and a Florida adult-use legalization initiative that ultimately failed—on
the campaign trail ahead of his election to a second term. But when he was
pressed on the status of the rescheduling process in mid-August, he was
less clear about his personal stance.

The administration was “only looking at that” reform, and it’s too “early”
to say how the issue will be decided, he said at the time, adding that
“it’s a very complicated subject.”

Meanwhile, top White House staffers under the Biden administration recently
shed new light on the mass marijuana pardon and cannabis rescheduling
process they helped facilitate, revealing the extent to which they were
involved in broader clemency actions that are now under scrutiny by GOP
leaders.

Also, as the marijuana rescheduling proposal awaits action, some GOP
members of Congress have been urging Trump to move forward with the
reform—with one lawmaker taking a jab at Biden by joking that it’s possible the
prior administration “must have not been able to find the autopen in time”
to complete the cannabis reform process it initiated.

Separately, the president last month posted a video on his Truth Social
platform promoting the health benefits of cannabis—suggesting that covering
CBD under Medicare would be “the most important senior health initiative of
the century.”

The post US Attorney Will Begin ‘Rigorously’ Prosecuting People For
Marijuana On Federal Land After Trump DOJ Rescinds Biden-Era Guidance
appeared first on Marijuana Moment.