The Trump administration appears poised to take a harder stance on low-level cannabis enforcement, with at least one U.S. attorney saying federal prosecutors have been instructed to once again pursue simple possession cases—particularly on federal property.
Darin Smith, the U.S. Attorney for the District of Wyoming, said on Nov. 13 that his office has alerted federal law enforcement agencies to “rigorously” prosecute cannabis offenses occurring on national parks and other federal lands. The directive, he said, stems from a Sept. 29 Department of Justice memo that he claims rescinded what he described as Biden-era “guidance” deprioritizing simple possession enforcement.
Although President Joe Biden issued sweeping pardons in 2022 for federal simple possession offenses, his administration never formalized a policy instructing U.S. attorneys to avoid small-scale cannabis prosecutions. Smith said the new DOJ approach “returns discretion” to individual districts.
“Marijuana possession remains a federal crime in the United States, irrespective of varying state laws,” Smith said in a statement. “I am committed to using every prosecutorial tool available to hold offenders accountable.”
Smith’s office did not release the DOJ memo and the Department of Justice, led by Attorney General Pamela Bondi, has not made it public. A spokesperson for the Wyoming district told WyoFile the renewed focus reflects the administration’s view that cannabis use is a “public safety hazard.”
The shift comes as the Trump administration continues to review a proposed federal rule that would reclassify cannabis to Schedule III. Trump has offered mixed signals on marijuana policy in recent years, at times supporting state autonomy while also expressing concerns about youth use.
The tougher posture contrasts with the informal, hands-off approach expressed by former Attorney General Merrick Garland, who said prosecuting simple possession was “not an efficient use” of federal resources. But Smith’s renewed emphasis on federal-land enforcement mirrors longstanding DOJ guidance dating back to the 2013 “Cole Memo,” which also maintained strict prohibition on cannabis use on federal property.
Wyoming, one of the few states without legal medical cannabis, continues to enforce some of the country’s strictest marijuana laws. Possession of up to 3 ounces remains a misdemeanor punishable by up to one year in jail.
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