Marijuana Moment
A Democratic congresswoman is demanding more information from the Trump administration about its current cannabis enforcement policy on federal lands after Marijuana Moment reported obtained documents showing that Biden-era guidance urging prosecutorial discretion was rescinded earlier this year.
The guidance from former President Joe Biden’s Department of Justice coincided with mass pardons for people who committed federal cannabis possession on or before December 22, 2023. It’s not clear why the document wasn’t publicized at the time, but its rescission under the Trump administration has created controversy.
Overall, the Biden administration memo, obtained by Marijuana Moment under a Freedom of Information Act (FOIA) request, ordered U.S. prosecutors to be “extremely cautious” about how to handle future cannabis cases following the former president’s clemency action.
But now, a key member of Congress—Cannabis Caucus co-chair Rep. Dina Titus (D-NV)—says the disclosure of the guidance and notice of rescission isn’t enough and she wants further clarification from President Donald Trump’s DOJ.
“The Trump Administration wrongfully rescinded Biden-era guidance that discouraged the prosecution of simple cannabis possession on federal property,” Titus told Marijuana Moment on Wednesday. “Still, my questions to Attorney General Pam Bondi from two weeks ago about how the Trump Administration plans to handle these cases remain unanswered.”
The congresswoman had sent a letter to Bondi last month asking for details on the apparent “reversal” of cannabis enforcement guidance after the U.S. attorney from Wyoming mentioned the previously unannounced move in a press release.
“This move is a step backward for commonsense cannabis policy reform and will further exacerbate the cycle of unfair prosecution and incarceration,” Titus told Marijuana Moment on Wednesday.
In addition to encouraging prosecutorial discretion for marijuana cases, the Biden-era guidance also had specific implications for medical cannabis patients in legal states and federal laws on gun possession by marijuana consumers. But the document wasn’t promoted by the administration at the time, despite Biden repeatedly touting the cannabis pardons and his directive for a federal review into marijuana scheduling.
Last month, the U.S. Attorney’s Office for the District of Wyoming disclosed that the guidance was rescinded in September, and it said cases involving marijuana would consequently be “rigorously” enforced on federal land.
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