US Attorney for the District of Wyoming Darrin Smith Announces Cannabis Prosecution Changes

According to a recent press release from the United States Attorney for the District of Wyoming, Darrin Smith, has announced that his office will be beginning to prosecute individuals for minor cannabis possession violations that take place on federal lands (1,2). “The US Department of Justice rescinded previous guidance concerning the prosecution of simple marijuana possession. US Attorney Smith promptly notified federal law enforcement agencies that marijuana offenses occurring on federal land, such as national parks, will now be rigorously prosecuted.,” the press release stated (3).

Previously, President Joe Biden had pardoned some US citizens, as well as, lawful permanent residents, in regard to offenses that were connected to the use of cannabis, attempted possession, and simple possession. US Attorneys were additionally instructed to not prosecute these types of offenses (3).

US Attorney Smith expressed (3), “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.”

According to NORML, there is not much clarification on what formal directive had been issued by the previous administration to US prosecutors. Former US Attorney General Merrick Garland has mentioned that “prosecuting state-sanctioned cannabis activities ‘does not seem to me a useful use’ of the Justice Department’s limited resources,” (1). During Biden’s presidency, he had issued pardons for federal convictions that involved low-level cannabis offenses.

“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,'” said NORML’s Deputy Director Paul Armentano, regarding the Justice Department’s recent policy update (1).

Cannabis Legislation in Wyoming

Cannabis in the state of Wyoming is illegal for both recreational and medicinal use (4). “In 2018, about 49% of respondents in a survey conducted by the Wyoming Survey and Analysis Center at the University of Wyoming supported marijuana legalization. By 2020, the figure had risen to 54%, while 85% of respondents in the survey also favored the legalization of medical cannabis,” reported by the Wyoming Cannabis Information organization (4). The state of Wyoming has been working toward cannabis legislation since 2015. According to Wyoming Cannabis Information, the state has strict ballot initiative requirements which has caused some of these proposals to not make it to an election ballot (4). House Bill 209, was sponsored by Representative Olsen in 2021 to the House, and had intentions to “legalize and regulate the possession, use, cultivation, and retail sale of cannabis for adults aged 21 or older,” (4). The bill did not progress any further that year. Medical cannabis legalization was attempted through HB 143 by Representative Burt but was not “considered for introduction to the House.” Another bill called HB 106, that was sponsored by Representative Baker, intended to decriminalize adult-use cannabis for small amount possessions, but the House also did not take this bill into consideration to be introduced in the House.

Interest in cannabis legalization is growing in Wyoming. For now though US Attorney Smith expressed in his press release that “The US. Attorney’s Office for the District of Wyoming remains steadfast in its mission to uphold the rule of law, including the enforcement of federal statutes prohibiting the possession of marijuana and other controlled substances,” (3).

References

1. Norml. Feds will “rigorously prosecute” low-level marijuana violations https://norml.org/blog/2025/11/17/us-attorney-says-feds-will-rigorously-prosecute-low-level-marijuana-violations-reversing-prior-administrative-guidance/ (accessed Nov 18, 2025).
2. Thuermer Jr., A. M. Marijuana users upset Trump will harsh their national park mellow, prosecute for possession https://wyofile.com/marijuana-users-upset-trump-will-harsh-their-national-park-mellow-prosecute-for-possession/ (accessed Nov 18, 2025).
3. U.S. attorney’s office for the District of Wyoming announces rescission of Marijuana Charging guidance https://www.justice.gov/usao-wy/pr/us-attorneys-office-district-wyoming-announces-rescission-marijuana-charging-guidance (accessed Nov 18, 2025).
4. https://wyomingcannabis.org/ (accessed Nov 18, 2025).