Politics
Trump Administration Sees Marijuana As A ‘Hazard,’ Federal Prosecutor Says, Drawing Criticism From Lawmakers And Advocates
Lawmakers and advocates are pushing back after a U.S. attorney announced his office will be aggressively prosecuting cannabis possession and use offenses on federal lands, stating that it’s the administration’s position that “marijuana use is a public safety hazard.”
U.S. Attorney for the District of Wyoming Darin Smith caught some by surprise on Thursday after his office said it would be “rigorously” prosecuting cannabis cases, while citing a recent reversal of previously unpublicized Biden-era marijuana enforcement guidance that deprioritized such action.
“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.”
He doubled down on that position in comments to WyoFile, telling the local outlet: “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.”
Marijuana Moment reached out to the White House for clarification on President Donald Trump’s position on cannabis, but a representative did not provide comment by the time of publication.
While questions remain as to the specifics of both the Biden- and Trump-related marijuana prosecutorial guidance actions, the federal attorney’s message has added to the uncertainty around how the current administration views its enforcement role as federal and state cannabis laws continue to conflict.
U.S. Rep. Dina Titus (D-NV), co-chair of the Congressional Cannabis Caucus, told 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possession “is not a threat to public safety, and it is ridiculous to justify the prosecution of individuals with an outdated law that does not reflect the current use of cannabis in the United States”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states, recognize the legitimate industry that has emerged, dismantle the stigma surrounding the plant, and reform its outdated scheduling of marijuana as a dangerous drug,” she said.
The notice from the U.S. attorney’s office came just one day after President Donald Trump signed a key spending bill that contains provisions to ban consumable hemp products with THC—a move that industry stakeholders say would eradicate the market that’s emerged since the president signed the 2018 Farm Bill legalizing the crop during his first term.
The enforcement policy change also overlaps with an ongoing marijuana rescheduling process that the president said in late August would be decided within a matter of weeks.
“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,” Adam Smith, executive director of the Marijuana Policy Project (MPP), 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 said. “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.”
Paul Armentano, deputy director of NORML, told Marijuana Moment that while it’s “unclear to what degree federal prosecutions of minor marijuana offenses on federal lands were ‘curtailed’ under the prior administration, the Justice Department’s about-face on this matter is inappropriate and misguided.”
“Nearly half of all U.S. states have now 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 and uncertain economic times,” he said. “Further, this policy decision undermines Trump’s own comments while on the campaign trial, when he said: ‘We do not need to ruin lives and waste taxpayers’ dollars arresting adults with personal amounts of it on them.’”
Meanwhile, a White House spokesperson told Marijuana Moment on Wednesday that “there is a process ongoing regarding the Notice of Proposed Rulemaking on rescheduling marijuana from May 2024 and all policy and legal requirements and implications are being considered.”
Trump endorsed rescheduling—as well as marijuana industry banking access and a Florida adult-use legalization initiative that ultimately failed—on the campaign trail ahead of his election to a second term. But when he was pressed on the status of the rescheduling process in mid-August, he was less clear about his personal stance.
The administration was “only looking at that” reform, and it’s too “early” to say how the issue will be decided, he said at the time, adding that “it’s a very complicated subject.”
Smith, the Wyoming U.S. attorney who said the Trump administration see marijuana use as “a public safety hazard,” was nominated for the post by the president in July and was appointed to serve in it in an acting capacity in August by Attorney General Pam Bondi pending Senate action on the formal nomination.
Meanwhile, top White House staffers under the Biden administration recently shed new light on the mass marijuana pardon and cannabis rescheduling process they helped facilitate, revealing the extent to which they were involved in broader clemency actions that are now under scrutiny by GOP leaders.
Also, as the marijuana rescheduling proposal awaits action, some GOP members of Congress have been urging Trump to move forward with the reform—with one lawmaker taking a jab at Biden by joking that it’s possible the prior administration “must have not been able to find the autopen in time” to complete the cannabis reform process it initiated.
Separately, the president last month posted a video on his Truth Social platform promoting the health benefits of cannabis—suggesting that covering CBD under Medicare would be “the most important senior health initiative of the century.”
Photo courtesy of Mike Latimer.
