US Attorney Will Begin ‘Rigorously’ Prosecuting People For Marijuana On Federal Land After Trump DOJ Rescinds Biden-Era Guidance
Federal marijuana prosecution on federal lands is back—and it’s about to get rigorous
Out under the big sky, the border between freedom and a federal indictment is just a brown sign and a line on a map. Federal marijuana prosecution on federal lands, once dialed down by quiet nods from the last administration, is roaring back to life. The U.S. Attorney’s Office for the District of Wyoming says the Justice Department rescinded Biden-era guidance in a September 29 memo and will now “rigorously” charge simple possession and use on federal property—national parks, forests, monuments, that campsite where your buddy swore nobody cared. Biden’s sweeping pardons for simple possession set an expectation that the tide had turned. But expectations are not statutes, and the feds are reminding everyone that marijuana remains illegal under federal law, whatever the state line says.
Secret memos, visible consequences
Here’s the rub: the supposed Biden guidance telling prosecutors to stand down was never public, and the new rescission memo isn’t public either. Legal shadows, real handcuffs. The Wyoming office’s announcement—summarized in a Justice Department press release—adds another layer of uncertainty to an already fractured cannabis policy landscape. You can buy an eighth on Main Street in a legal state, then cross a boundary into federal jurisdiction and suddenly you’re starring in a very different episode. This is what happens when policy lives in memos and winks, not in laws: people get mixed messages, and the unlucky get made examples.
“Marijuana possession remains a federal crime in the United States, irrespective of varying state laws… I am committed to using every prosecutorial tool available to hold offenders accountable.”
—U.S. Attorney Darin Smith, District of Wyoming
- Federal land equals federal law. Your state’s cannabis rules don’t travel.
- Simple possession and use can trigger misdemeanor charges—now with renewed zeal.
- Pardons helped past cases; they don’t shield future conduct.
- Guidance can change overnight; prosecutions stick.
The squeeze: hemp bans, mixed messages, and the market in the middle
Zoom out and the mood music gets darker. A newly signed federal spending package includes a ban on consumable hemp products with THC, threatening to bulldoze a market that grew from the 2018 Farm Bill’s promise. Regulators call it clarity; operators call it an ambush. Veterans’ advocates warn this kind of broad-brush prohibition doesn’t just trim the fringe—it slices into research and access. For a deeper read on what prohibitionist reflexes can do to science, see Top Veterans Group Warns Congress That Hemp Ban Could ‘Slam The Door Shut’ On Medical Research. Combine that with a prosecutorial pivot on public lands and you get a familiar American cocktail: confusion chilled over ice, garnished with unintended consequences. Consumers don’t know where they stand. Small businesses don’t know if their inventory will still be legal by harvest. And prosecutors in at least one district are saying the quiet part loud: they’re coming.
Rescheduling limbo meets statehouse reality
Meanwhile, the marquee reform—the cannabis rescheduling review—remains stuck in the bureaucratic slow cooker. We were told a decision would land in weeks; months later, it’s still “ongoing.” That limbo matters. Rescheduling to a lower schedule could ease research bottlenecks, reshape enforcement priorities, and open doors to banking and insurance. For the latest signals from the West Wing, bookmark Marijuana Rescheduling Review Remains ‘Ongoing’ Three Months After Trump Announced Imminent Decision, White House Staffer Says. On the ground, the state-by-state story refuses to fit a single narrative. Colorado’s governor, a legalization veteran at this point, has publicly pushed back on doom-and-gloom takes about legalization’s collapse—context you’ll find in Colorado Governor Hits Back At DeSantis Over Claims Marijuana Legalization Is Failing. One place says cannabis is a tax base and public health framework; another swears it’s chaos in a greener bottle. The truth, as usual, is messier and worth more than sound bites.
What to do now: practical steps in an era of policy whiplash
If you’re lighting up near a trailhead, know the land you’re standing on. If the sign’s got a federal emblem, you’re rolling dice, and Wyoming’s prosecutors just raised the stakes. Keep products sealed when crossing federal property. Save the session for private, state-legal ground. For advocates, this is the moment to tighten the screws on Congress and statehouses: align federal rules with reality, fund research, and stop using consumers as collateral. Pennsylvania’s lawmakers, for instance, insist there’s still a path forward even when the budget dance skips legalization—read their roadmap in There’s A Path Forward For Marijuana Legalization In Pennsylvania Even After Omission From Budget Deal, Lawmakers Say. Until Washington swaps memos for laws, we live with this split screen: booming state markets on one side, federal enforcement flashbacks on the other. If you prefer your cannabis without the courtroom garnish, choose your ground wisely—and when you’re ready to stock up with care, explore our curated selection here: https://thcaorder.com/shop/.
