If you need another reason to reach for discreet cannabis products, how’s this? A U.S. attorney’s office has signaled that it will begin to rigorously prosecute people over use and possession of cannabis on federal lands, including national parks.
Last month, Wyoming U.S. Attorney Darin Smith said in a press release, “Marijuana possession remains a federal crime in the United States, irrespective of varying state laws. The detrimental effects of drugs on our society are undeniable, and I am committed to using every prosecutorial tool available to hold offenders accountable.”
The announcement came after the U.S. Department of Justice rescinded its previous guidance on the prosecution of simple cannabis possession.
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Federal leniency
Cannabis has remained illegal on a federal level through the rise of different legal state markets–even when the feds kinda-sorta made some forms of cannabis legal on a broad level.
In 2022, President Biden pardoned thousands of people for low-level cannabis charges. Though never publicly announced, an internal memo obtained by Marijuana Moment indicates that Biden directed U.S. attorneys to be “extremely cautious” about their cannabis prosecutions.
An excerpt from the document reads, “Because marijuana remains illegal under federal law, U.S. Attorneys retain the discretion to prosecute cases involving simple possession, use, or attempted possession of marijuana against individuals whose conduct was not covered by the pardon proclamation…U.S. Attorneys should be extremely cautious and measured in the exercise of this discretion.”
In his announcement, Smith claimed that this discouragement to prosecute low-level cannabis offenses led to “significantly curtailed federal prosecutions of misdemeanor marijuana offenses.”
The new policy
To satisfy his desire to prosecute, U.S. Attorney Smith now promises that “marijuana offenses occurring on federal land, such as national parks, will now be rigorously prosecuted.”
It’s unclear whether other state attorney generals will follow suit with similar directives. But for now, those visiting Yellowstone National Park, Grand Teton National Park, and other federal lands in Wyoming may want to play it cool when it comes to their cannabis use.
Not everyone is on board with this new policy, though. Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (NORML) called the policy change “inappropriate and misguided” in a recent statement.
“Nearly half of all US states have 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 economic times. Further, this policy decision runs contrary to President Trump’s comments while on the campaign trail, when he said: ‘We do not need to ruin lives and waste taxpayers’ dollars arresting adults with personal amounts of it on them.’”
Wyofile also collected responses from Wyoming residents who feared the new policy would “harsh their mellow” when visiting national parks.
“Nothing would stop me,” said one resident.
Another respondent who said he’s been smoking weed in parks for 50 years said that, “National Parks are reserved for recreation, for the benefit and enjoyment of the American people…Why add more restrictions to our public lands?”
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