- Congress Pushes Back
Trump DOJ Resumes Cannabis Prosecutions on Federal Lands

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Contents
The Trump administration has quietly reversed course on cannabis enforcement, directing federal prosecutors to resume “rigorous” prosecution of simple marijuana possession on federal lands—including America’s most beloved national parks like Yellowstone and Grand Teton. The policy shift, announced November 13, 2025, marks a dramatic departure from Biden-era guidance that had curtailed such prosecutions.
If you’re planning to visit a national park, national forest, or any federal land with cannabis in your possession, this news directly affects you. Here’s everything you need to know about this major policy reversal, what it means for cannabis users, and how Congress is pushing back.
What Exactly Changed? The DOJ Policy Reversal Explained
On September 29, 2025, the Department of Justice quietly sent a memo to federal prosecutors across the country rescinding previously unpublicized Biden-era guidance that had advised against prosecuting people for simple marijuana possession on federal lands. The public only learned about this change on November 13, when Wyoming U.S. Attorney Darin Smith announced his office would begin “rigorously” enforcing cannabis laws.
Key Policy Changes at a Glance
- ✓ DOJ rescinded Biden-era guidance on September 29, 2025
- ✓ Federal prosecutors now directed to enforce cannabis possession laws
- ✓ Applies to ALL federal lands: national parks, forests, BLM areas
- ✓ Simple possession is now a prosecutable offense again
- ✓ State legalization status does NOT protect you on federal land
“Marijuana possession remains a federal crime in the United States, irrespective of varying state laws,” U.S. Attorney Darin Smith stated in an official press release. “The detrimental effects of drugs on our society are undeniable, and I am committed to using every prosecutorial tool available to hold offenders accountable.”
💡 Why Wyoming Announced First
Wyoming is home to Yellowstone and Grand Teton National Parks—two of America’s most visited federal reserves. With thousands of square miles of federal land, the state’s U.S. Attorney’s announcement signals how seriously this policy will be enforced in tourist-heavy areas.
Biden Policy vs. Trump Policy: A Direct Comparison
Understanding the shift requires comparing how each administration approached cannabis enforcement on federal lands. The contrast is stark and has immediate implications for millions of Americans who visit national parks each year.
Federal Cannabis Policy Comparison
| Aspect | Biden Era (Pre-Sept 2025) | Trump Era (Current) |
|---|---|---|
| Simple Possession | Prosecution “significantly curtailed” | “Rigorous” prosecution resumed |
| Enforcement Priority | Low priority for minor offenses | Full enforcement using “every tool” |
| Official Position | Focus resources elsewhere | “Public safety hazard” |
| Guidance Status | Internal guidance (unpublicized) | Rescinded September 29, 2025 |
The administration’s position is clear. A spokesperson for the Wyoming U.S. Attorney’s Office told reporters that “the Trump administration believes cannabis use is a public safety hazard”—language that signals a fundamental shift in how the federal government views marijuana, regardless of state-level legalization.
Timeline: How We Got Here
2025 Federal Cannabis Policy Timeline
- January 2025: DEA rescheduling hearing canceled, put on indefinite hold after Trump takes office
- August 2025: Darin Smith sworn in as Wyoming U.S. Attorney
- September 29, 2025: DOJ secretly sends memo rescinding Biden-era cannabis guidance
- November 13, 2025: Wyoming announces “rigorous” prosecution of cannabis on federal lands
- November 21, 2025: Congresswoman Dina Titus demands answers from Attorney General Bondi
Notably, neither the DOJ memo nor the prior Biden-era guidance has been made publicly available. The policy change happened behind closed doors, with no announcement to Congress or the public until U.S. Attorney Smith’s press release nearly seven weeks later.
Congress Pushes Back: Titus Demands Answers
The policy reversal has sparked immediate pushback from Congress. On November 21, 2025, Rep. Dina Titus (D-NV), co-chair of the Congressional Cannabis Caucus, sent a formal letter to Attorney General Pam Bondi expressing “deep concern” over the DOJ’s new enforcement guidance.
📊 Rep. Titus’s Key Questions to the DOJ
- • What has the DOJ specifically instructed U.S. attorneys to do regarding marijuana offenses on federal lands?
- • What specific marijuana offenses will the DOJ prioritize for prosecution?
- • What data and evidence informed the decision to resume prosecution of minor marijuana offenses?
- • How many marijuana possession cases on federal lands has the DOJ prosecuted in the past decade?
“Simple marijuana possession poses no meaningful threat to public safety, and it is indefensible to revive prosecution under an outdated law that no longer reflects the current use of cannabis in the United States,” Titus wrote in her letter.
Titus has set a deadline of December 3, 2025 for the administration to provide a copy of the DOJ memo and answer her questions about enforcement priorities.
Where This Policy Applies: Federal Lands Explained
Understanding which lands fall under federal jurisdiction is critical. Even if you live in a state where cannabis is fully legal, federal law supersedes state law on federal property. Here’s what you need to know:
Federal Land (Cannabis ILLEGAL)
- • National Parks (Yellowstone, Grand Teton, etc.)
- • National Forests
- • BLM (Bureau of Land Management) areas
- • National Monuments
- • Military bases and federal buildings
State/Local Land (Depends on State Law)
- • State parks and recreation areas
- • County and city parks
- • Private property
- • Most highways and roads
- • State forests and wildlife areas
The federal government manages approximately 640 million acres of land in the United States—about 28% of the nation’s total land area. Western states like Wyoming, Nevada, Utah, and Alaska have particularly high percentages of federal land, making this policy change especially impactful for residents and visitors in those regions.
Cannabis Rescheduling: Where Does It Stand?
While the DOJ pushes forward with enforcement, the parallel effort to reschedule cannabis from Schedule I to Schedule III remains in limbo. The rescheduling process, which began under the Biden administration, has stalled under Trump.
Rescheduling Status Update
- Hearing Canceled: The DEA rescheduling hearing originally set for January 21, 2025 was canceled and indefinitely postponed
- Appeal Pending: An interlocutory appeal has stayed all proceedings
- New Leadership: DEA Administrator nominee Terrance Cole has expressed opposition to cannabis reform
- Congressional Block: House GOP is advancing legislation to prevent DOJ from rescheduling cannabis
The White House has confirmed that the rescheduling review is “ongoing,” but provided no timeline. Trump himself has sent mixed signals, telling reporters in August that “some people hate the whole concept of marijuana” while also claiming his administration is “looking at reclassification.”
What This Means For You: Practical Implications
Whether you’re a medical cannabis patient, a recreational user from a legal state, or just someone who enjoys nature, this policy change has real consequences. Federal cannabis possession charges can result in fines, jail time, and a permanent criminal record.
⚠️ Critical Warning for National Park Visitors
Cannabis possession on federal land is a federal crime regardless of your state’s laws. First-time simple possession can result in up to one year in prison and a minimum $1,000 fine. Medical cannabis cards from any state do NOT provide protection on federal property. Park rangers and federal law enforcement are now directed to enforce these laws “rigorously.”
Industry and Advocate Response
The cannabis industry and reform advocates have responded with sharp criticism of the policy reversal, calling it a misuse of federal resources and out of step with public opinion.
What Advocates Are Saying
- • NORML: “It seems like a misplaced use of limited federal resources for the Trump administration to engage in ‘rigorously prosecuting’ those who possess small amounts of cannabis on federal lands.”
- • Rep. Titus: “We need sensible cannabis policy reform. It is ludicrous for the Trump Administration to enforce an outdated law and target simple marijuana possession, claiming it as a public safety hazard.”
- • Congressional Cannabis Caucus: Demanding transparency on DOJ enforcement priorities and data supporting the policy change
With 24 states having legalized recreational cannabis and 38 states allowing medical use, critics argue the federal government is increasingly out of step with both state laws and public sentiment.
What Happens Next: Key Dates to Watch
Several developments in the coming weeks could shape how this policy unfolds:
- December 3, 2025: Deadline for DOJ to respond to Rep. Titus’s letter demanding policy documentation
- Ongoing: DEA interlocutory appeal on rescheduling awaiting resolution
- Pending: House legislation to block DOJ from rescheduling cannabis
- Unknown: Whether other U.S. Attorney offices will follow Wyoming’s lead with public announcements
- 2026: Potential for cannabis to become a midterm election issue as enforcement expands
The coming months will reveal whether this is a Wyoming-specific crackdown or the beginning of a broader federal enforcement campaign. Either way, cannabis users should exercise extreme caution on all federal lands.
The Bigger Picture: Federal vs. State Cannabis Laws
This policy reversal highlights the ongoing tension between state cannabis legalization and federal prohibition—a conflict that has only grown more pronounced as more states embrace reform.
The Current Landscape
- 24 States + DC: Have legalized recreational cannabis
- 38 States: Allow medical cannabis in some form
- Schedule I Status: Cannabis remains federally classified alongside heroin and LSD
- 640 Million Acres: Federal land where state laws don’t apply
- 88 Million Visitors: Annual visitors to national parks who may be affected
Until federal law changes, this patchwork of conflicting regulations will continue to create confusion and legal risk for cannabis users who cross the invisible lines between state and federal jurisdiction.
Conclusion: A New Era of Federal Enforcement
The Trump administration’s decision to resume cannabis prosecutions on federal lands represents a significant shift in federal drug policy. While 24 states have legalized recreational cannabis and public support for legalization continues to grow, the federal government is now moving in the opposite direction.
For cannabis users planning to visit national parks, national forests, or other federal lands, the message is clear: leave your cannabis at home. The legal risk is real, and federal prosecutors have been explicitly directed to enforce these laws.
We’ll continue to monitor this developing story and provide updates as Congress receives responses from the DOJ and as other U.S. Attorney offices clarify their enforcement positions.
Stay informed, stay safe, and know your rights when it comes to cannabis and federal law.
📝 Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. Cannabis laws vary by jurisdiction and are subject to change. Always consult with a qualified attorney for legal guidance specific to your situation. Cannabis possession remains illegal under federal law regardless of state legalization status.
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