DOJ's New Policy on Cannabis Prosecutions Raises Questions on Biden's Approach

In a significant policy shift, the U.S. Department of Justice has quietly enabled federal prosecutors to resume pursuing low-level cannabis cases, overturning previous guidance on simple marijuana possession. This development was first publicized by the U.S. Attorney’s Office for the District of Wyoming, which announced its intention to "rigorously prosecute" cannabis possession on federal lands such as Yellowstone and Grand Teton national parks. The change follows a September 29 memo from the DOJ, although the document itself has not been made public, leaving the scope and implications of the policy somewhat ambiguous

U.S. Attorney Darin Smith, representing Wyoming, has been vocal about implementing the new directive, emphasizing that marijuana offenses on federal land will once again be charged under federal law. Smith noted that the Biden administration's earlier stance had limited misdemeanor prosecutions on federal land, suggesting a significant shift in policy. However, neither the DOJ headquarters nor Smith's office has provided the actual memo or the previous guidance it allegedly rescinds, leading to questions about transparency and the true intentions behind the policy change

The move has drawn attention from advocacy groups like NORML, which questioned whether the Biden administration ever formalized a policy of leniency towards low-level cannabis offenses. Public statements and mass pardons by the administration had suggested a softer approach, but without a formal written directive, these actions may not have been as binding as previously thought. NORML has highlighted the uncertainty surrounding the DOJ's latest move, especially given the lack of clarity on whether other districts will adopt similar stances

Reactions in Wyoming have been swift, with cannabis users expressing discontent over the renewed enforcement efforts. Despite Wyoming's strict cannabis laws, many visitors access legal cannabis in neighboring Montana before entering federal lands like Yellowstone. U.S. Attorney Smith has labeled marijuana a "public safety hazard," insisting on enforcing federal law irrespective of state legality, a stance that could deter cannabis users from visiting national parks

The broader implications of the DOJ's policy shift remain uncertain, as no other U.S. Attorney's Office has publicly announced plans to increase prosecutions for simple possession. The Cannabis Business Times suggests that the DOJ's move might not be about reversing a written directive but rather redefining priorities under the current administration. Until the DOJ provides more clarity or other districts make their positions known, the national impact of this policy change remains speculative

As this situation unfolds, the lack of a formal memo from the Biden administration on cannabis enforcement raises questions about the administration's commitment to reforming federal cannabis policies. Historically, the federal stance on cannabis enforcement has fluctuated, with the Obama-era Cole Memo providing some leniency, only to be rescinded by the Trump administration. Observers and stakeholders are now keenly watching to see how this new policy will affect cannabis users and the broader federal approach to cannabis regulation