Democratic congressmen are demanding the Justice Department respond to the Trump administration’s action by a U.S. attorney, his office said recently, to explain the apparent “backwardness” of federal marijuana enforcement guidelines recently revealed by a U.S. attorney. It will “harshly” prosecute people for possessing or using cannabis on federal lands.
Rep. Dina Titus (D-NV), chairwoman of the Congressional Cannabis Caucus, sent a letter to Attorney General Pam Bondi on Friday saying the review’s revelations about federal cannabis policy “raise serious concerns about the transparency and rationale behind the Department’s enforcement priorities, which will inevitably have a serious social and economic impact on communities across the country.”
The U.S. Attorney’s Office for the District of Wyoming said earlier this month that the DOJ sent a memo to federal prosecutors in September announcing it was rescinding a previously unpublished Biden-era policy that discouraged people from trespassing on federal land.
“We need common sense cannabis policy reform,” Titus told Marijuana Moment after sending the letter to Bondi on Friday. “It is ridiculous for the Trump Administration to enforce an antiquated law and target the simple possession of marijuana, claiming it is a public safety risk. As chair of the Cannabis Caucus, I am taking the lead in challenging this decision that would continue a cycle of unfair incarceration and unequal enforcement.”
Neither the memo nor the prior guidance has been made publicly available, and the Trump administration is asking prosecutors to provide a copy of its message — and to answer additional questions about marijuana enforcement priorities — by Dec. 3.
“The simple possession of marijuana does not pose a significant threat to public safety, and it is indefensible to revive prosecution under an outdated law that does not reflect the current use of cannabis in the United States,” he said. “The War on Drugs has been a costly enterprise that has disproportionately affected low-income and historically marginalized communities.”
He added that marijuana remains the leading cause of drug-related arrests “despite the fact that most states have to varying degrees enacted laws that relax prohibitions against the use of marijuana or its components.”
“A return to criminalization at the federal level will not deter use or strengthen public safety; it will simply continue the cycle of incarceration and uneven enforcement,” the congressman wrote. “The consequences of a simple possession of cannabis charge can have life-changing consequences.”
“Your decision to begin prosecuting misdemeanor marijuana requires immediate reconsideration. I urge you to release the Biden-era guidance and appeal memos without delay. The public deserves full transparency about the policies that shape federal enforcement priorities and determine how taxpayer dollars are deployed. People should face criminal penalties for possessing minors.”
In addition to issuing September notices to U.S. attorneys about marijuana charges, Titus is asking the DOJ to specify what types of cannabis crimes it prioritizes, what “data and evidence” it relied on to reverse the Biden-era policy, how many cannabis possession cases the department has prosecuted on federal land in the past 10 years and how many it expects to prosecute for the policy.
“Thank you for your attention to this important issue,” the letter concludes. “I look forward to working with you to ensure federal enforcement policies are transparent and aligned with the values and priorities of the American public.”
While former President Joe Biden issued two mass pardons to people convicted of federal cannabis possession offenses during his tenure – notably including those convicted in the second round of possession on federal land – the administration did not report that a prosecutorial guidance directive had been issued, and there has been no news.
Questions remain about the specifics of marijuana prosecution policies associated with Biden and Trump, but the apparent decision to roll back discretionary policies adds uncertainty to how the current administration views its enforcement role as federal and state cannabis laws continue to conflict.
For example, the release from the U.S. Attorney’s Office for the District of Wyoming came just one day later Trump signed a major spending bill that includes provisions to ban consumable hemp products containing THC—Industry players say the president’s legalization of the crop would wipe out the market that has sprung up since he signed the 2018 Farm Bill into law during his first term.
Then there is the ongoing process of reorganizing marijuana, which the president said would be decided in a few weeks at the end of August.
That hasn’t happened yet, a White House spokesperson told Marijuana Moment “There is a process underway regarding the Notice of Proposed Rulemaking on Marijuana Reregulation From May 2024 onwards and all policy and legal requirements and implications are being considered”.
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Trump endorsed the review — as well as bank access to the marijuana industry and an initiative to legalize adult use in Florida, which ultimately failed — during his campaign ahead of his second term. But when he was informed of the status of the reorganization process in mid-August, he was less clear about his personal position.
The administration was “only looking at” the reform, and he said at the time that it was “too early” to say how the issue would be decided, adding that it was “a very complicated issue”.
Meanwhile, key White House staff under the Biden administration has recently shed new light on the massive marijuana pardon and cannabis reprogramming process they helped facilitate, revealing the extent to which they were involved in the broader acts of grace that GOP leaders now scrutinize.
Also, as the marijuana reregulation proposal awaits action, some GOP members of Congress have urged Trump to push ahead with reform, with one lawmaker joking that it’s possible, taking a jab at Biden. the previous administration “shouldn’t have been able to find the autopen in time” to complete the cannabis reform process he started
Separately, the president last month posted a video on the Truth Social platform to promote the health benefits of cannabis– suggesting that covering CBD under Medicare would be “the most important senior health initiative of the century.”