The United States Attorney for the District of Wyoming says his office will “rigorously prosecute” minor marijuana possession violations on federal lands following a reported change in federal guidance.
According to a November 13th memo issued by US Attorney Darrin Smith, the Justice Department has “rescinded previous guidance .. [that] directed US Attorneys not to prosecute those (simple marijuana possession) offenses.” In response, Smith said, “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.”
He added: “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 US 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.”
It is unclear whether the prior administration ever issued a formal directive to US prosecutors deemphasizing the prosecution of low-level marijuana prosecutions. (Both Smith’s office and the Justice Department declined to provide documentation of the previous policy to The Associated Press.) However, former US Attorney General Merrick Garland publicly stated that prosecuting state-sanctioned cannabis activities “does not seem to me a useful use” of the Justice Department’s limited resources. Furthermore, on two occasions, the Biden Administration issued pardon proclamations to those with federal convictions for low-level marijuana offenses.
NORML’s Deputy Director Paul Armentano called the Justice Department’s reported change in policy “inappropriate and misguided.” He said: “Nearly half of all US states have legalized cannabis possession and most Americans say that consuming cannabis should no longer be a crime; they certainly don’t want federal resources directed toward these misplaced priorities, particularly during these difficult economic times. Further, this policy decision runs contrary to President Trump’s comments while on the campaign trail, when he said: ‘We do not need to ruin lives and waste taxpayers’ dollars arresting adults with personal amounts of it on them.’”
Additional information is available from The Associated Press.
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