A federal prosecutor has notified federal law enforcement agencies that federal laws prohibiting marijuana use on federal land “will now be rigorously prosecuted,” adding that such offenses were not charged under a policy from President Joseph Biden’s administration.
U.S. Attorney for the District of Wyoming Darin Smith noted that in 2022, Biden pardoned thousands convicted of pot possession and other minor marijuana-related offenses on federal lands and directed federal prosecutors not to prosecute such offenses. The Department of Justice rescinded that policy in September, Smith announced in a press release last week.
“Marijuana possession remains a federal crime in the United States, irrespective of varying state laws,” Smith said. “The detrimental effects of drugs on our society are undeniable, and I am committed to using every prosecutorial tool available to hold offenders accountable.”
When contacted by reporters, the federal prosecutor said the Trump administration has deemed that marijuana is hazardous.
“This administration thinks that 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,” Smith told local news site WyoFile in a statement.
Cannabis Policy Reform Advocates Criticize Prosecutor’s Plan
Democratic Rep. Dina Titus of Nevada, co-chair of the Congressional Cannabis Caucus, told cannabis news outlet Marijuana Moment that simple cannabis possession “is not a threat to public safety, and it is ridiculous to justify the prosecution of individuals with an outdated law that does not reflect the current use of cannabis in the United States”
“The federal government needs to catch up to the states, recognize the legitimate industry that has emerged, dismantle the stigma surrounding the plant, and reform its outdated scheduling of marijuana as a dangerous drug,” she added.
Adam Smith, executive director of the Marijuana Policy Project (MPP), said that prosecuting low-level marijuana crimes is a waste of public resources.
“It is stunning to hear U.S. Attorney for Wyoming Darin Smith brag about his intention to waste our tax dollars prioritizing prosecutions for cannabis possession on federal land,” Smith told Marijuana Moment. “We’re not talking about large scale illegal grow operations here, we’re talking about possession—people who may be hiking or camping with friends.”
“Surely there are far greater threats to the safety of Wyoming residents than adults passing a joint around a campfire miles from civilization,” he added. “The fact that Smith would put out a press release so clearly demonstrating that his dogmatism outstrips his prosecutorial judgement indicates that he should never have been entrusted with the awesome responsibility of his office.”
Jeffrey Finkle, CEO of the Arcview Group & Arcview Ventures, a vertically integrated company servicing the cannabis and hemp industry, said that public safety is best protected by legalization, saying that “regulated cannabis markets protect consumers far better than prohibition ever has.”
“Licensed operators are required to test for contaminants, accurately label products, and follow strict safety protocols, none of which exist in the illicit market,” Finkle writes in an emailed statement. “The real hazard isn’t cannabis itself, but the outdated federal-state disconnect that keeps oversight fragmented and inconsistent across the country.”
“Nearly 40 states have established robust regulatory systems, yet the lack of federal alignment undermines their effectiveness and allows illicit markets to persist,” he added. “A modernized national framework would strengthen consumer safety, improve enforcement clarity, and replace rhetoric with policy that actually protects the public.”