{"id":84637,"date":"2025-12-03T10:41:46","date_gmt":"2025-12-03T18:41:46","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2025\/12\/03\/newly-revealed-biden-marijuana-guidance-rescinded-by-trump-doj-told-prosecutors-to-be-extremely-cautious-about-cannabis-cases\/"},"modified":"2025-12-03T19:47:34","modified_gmt":"2025-12-04T03:47:34","slug":"newly-revealed-biden-marijuana-guidance-rescinded-by-trump-doj-told-prosecutors-to-be-extremely-cautious-about-cannabis-cases","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2025\/12\/03\/newly-revealed-biden-marijuana-guidance-rescinded-by-trump-doj-told-prosecutors-to-be-extremely-cautious-about-cannabis-cases\/","title":{"rendered":"Newly Revealed Biden Marijuana Guidance Rescinded By Trump DOJ Told Prosecutors To Be \u2018Extremely Cautious\u2019 About Cannabis Cases"},"content":{"rendered":"

<\/p>\n

Former President Joe Biden didn\u2019t just issue mass pardons for federal marijuana possession offenses during his term\u2014his administration also ordered U.S. prosecutors to be \u201cextremely cautious\u201d about how to handle future cannabis cases, according to a previously unpublished guidance memo obtained by Marijuana Moment that has since been rescinded under the Trump administration.<\/p>\n

The guidance, issued on February 26, 2024\u2014which also had specific implications for medical cannabis patients in legal states and federal laws on gun possession by marijuana consumers\u2014wasn\u2019t publicized even as the then-president was campaigning for a second term that year. That\u2019s despite Biden repeatedly touting the cannabis pardons and his directive for a federal review into marijuana that resulted in a recommendation to reschedule the plant.<\/p>\n

But last month, the U.S. Attorney\u2019s Office for the District of Wyoming disclosed that the guidance was rescinded in September, and it said cases involving marijuana would consequently be \u201crigorously\u201d enforced on federal land<\/a>.<\/p>\n

In response to a Freedom of Information Act (FOIA) request, DOJ provided Marijuana Moment with the initial guidance and the notice of the rescission under President Donald Trump on Wednesday.<\/p>\n

The Biden administration memo advised prosecutors about the scope of the pardons, noting limitations of the clemency action and stressing that, while a pardon represents formal forgiveness for low-level cannabis cases that took place on or before December 22, 2023, U.S. attorneys should generally \u201coppose motions seeking to expunge records related to pardoned marijuana possession convictions.\u201d<\/p>\n

On multiple occasions, Biden misrepresented that part of the relief by suggesting that pardons would be accompanied by expungements<\/a> of past records.<\/p>\n

But those limitations notwithstanding, the guidance did advise federal attorneys that they \u201cshould move to dismiss all [marijuana] charges that are subject to the pardon proclamation\u201d\u2014and that they were further required to report to higher-ups in the Justice Department before pursuing certain additional cannabis-related cases.<\/p>\n

\u201cBecause 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,\u201d the document says. But, it continues, \u201cU.S. Attorneys should be extremely cautious and measured in the exercise of this discretion.\u201d<\/p>\n

\u201cEffective immediately, all charges of simple possession of marijuana and other charges where the underlying criminal conduct involves simple possession, use, or attempted possession of marijuana\u2026may only be pursued with the approval of the U.S. Attorney or a supervisory AUSA designated by the U.S. Attorney,\u201d the guidance states.<\/p>\n

That discretionary policy and reporting requirement was explicitly rescinded in a more recent notice from Francey Hakes, director of the Executive Office for United States Attorneys (EOUSA) under the Trump administration, that was distributed to federal prosecutors on September 29 of this year, for reasons that remain unclear.<\/p>\n

Here\u2019s what Trump\u2019s DOJ said regarding the Biden-era guidance:<\/strong><\/p>\n

\u201cEOUSA issued the February 26, 2024 memorandum Department Guidance Regarding the Impact of the President\u2019s Recent Proclamation Pardoning Certain Marijuana Offenses which provided that approval of the United States Attorney (USA) or a supervisory AUSA designated by the USA was required for initiation of all charges of simple possession of marijuana and other charges where the underlying conduct involved simple possession, use, or attempted possession of marijuana. The Memorandum also required that all such charging decisions must be reported immediately to EOUSA\u2019s Controlled Substances Coordinator within 72 hours. This charging guidance and reporting requirement is hereby rescinded, effective immediately.\u201d<\/p>\n

The Biden guidance, meanwhile, also specified that the pardon proclamation \u201cdoes not expunge prior convictions.\u201d<\/p>\n

\u201cWith the limited exception of certain individuals who may be eligible for expungement under 18 U.S.C. \u00a7 3607, U.S. Attorneys should oppose motions seeking to expunge records related to pardoned marijuana possession convictions,\u201d it says, adding that another key limitation of the clemency action is the fact that cannabis remains federally illegal, so prosecutors could pursue simple possession cases that occurred after the proclamation was issued.<\/p>\n

\u201cThe proclamation does not pardon any other offenses and does not impact the ability to prosecute other crimes related to marijuana or other controlled substances. U.S. Attorneys may continue to charge defendants with simple possession of other controlled substances and other marijuana-related offenses, such as possession of marijuana with intent to distribute or distribution of marijuana, in violation of 21 U.S.C. \u00a7 841(a)(1), and crimes related to impaired driving caused by marijuana use or public intoxication\u2026 U.S. Attorneys may also bring cases for marijuana possession, attempted possession, or use involving conduct that occurred after December 22, 2023, or was otherwise not covered by the pardon proclamation, but should do so with great caution and appropriate supervisory approval.\u201d<\/p>\n

But the enhanced reporting requirements for prosecutions involving low-level cannabis cases stands out as an example of administrative reform\u2014a policy change the Biden administration curiously declined to capitalize on months before the November 2024 election.<\/p>\n

Mike Liszewski, the principal of Enact Consulting, told Marijuana Moment after reviewing the memo that he sees \u201ctwo important takeaways\u201d from the original document and the fact that it has now been rescinded.<\/p>\n

\u201cFirst, by the previous DOJ issuing guidance to dismiss marijuana simple possession cases, withdraw associated warrants and fees, and discourage future prosecutions, Biden\u2019s December 2023 pardon proclamation had further reaching impacts in terms of criminal justice reform than we originally thought,\u201d he said. \u201cIt strikes me as political malpractice for the Biden administration not to have publicized this guidance at the time it was issued.\u201d<\/p>\n

\u201cSecond, by this current DOJ rescinding the guidance discouraging marijuana simple possession prosecutions, it shows that this administration is seeking to more aggressively prosecute people who use marijuana,\u201d Liszewski said. \u201cNotably, the DOJ\u2019s current position on prosecuting simple marijuana possession offenses seems to be at odds with President Trump\u2019s campaign statements in support of Florida\u2019s 2024 adult-use ballot measure.\u201d<\/p>\n

When contacted by Marijuana Moment on Wednesday, a spokesperson for the Justice Department declined to comment about the reasoning for the rescission of the guidance.<\/p>\n

Another notable section of the Biden guidance seems to make a policy distinction for people who use cannabis for medical versus recreational purposes, specifically as it concerns the use of marijuana constituting a violation of the conditions of pretrial release, probation and supervised relief.<\/p>\n

\u201cViolations of conditions of supervision that are based on the medicinal use of marijuana by an individual who lives in a state that authorizes medicinal use, and who has a valid, state-issued medical marijuana license or permit might not warrant the revocation of release conditions in all situations,\u201d the document says.<\/p>\n

\u201cAccordingly, if the U.S. Probation Office files a violation of supervised release or probation petition based on a defendant\u2019s personal use of marijuana for medicinal purposes in conformity with state law, U.S. Attorneys have the discretion to recommend alternatives to incarceration as an appropriate penalty,\u201d it says.<\/p>\n

It\u2019s not immediately clear why that distinction for medical cannabis patients, as opposed to adult-use marijuana consumers was made, but it\u2019s possible it\u2019s related to a longstanding congressional spending bill rider that prohibits DOJ from using its funds to interfere in the implementation of state medical cannabis programs. There\u2019s no equivalent rider in place for recreational marijuana laws.<\/p>\n

Additionally, the memo touches on prosecutions of cases involving marijuana and firearms\u2014a subject that\u2019s been litigated in federal courts across the country in recent years, with the U.S. Supreme Court recently saying it will take up a case on the issue<\/a>.<\/p>\n

It states that prosecutors \u201cmay pursue charges under 18 U.S.C. \u00a7 922(g)(3) or 18 U.S.C. \u00a7 922(d)(3) based on the unlawful use of, or addiction to, marijuana because the proclamation does not change the fact that marijuana use violates federal law.\u201d<\/p>\n

However, in order to \u201cmitigate potential litigation risk,\u201d U.S. attorneys \u201cshould be cautious before proceeding under these firearms provisions and consult with EOUSA\u2019s Controlled Substances Coordinator prior to doing so.\u201d That seems to be something of an admission of the legal vulnerability of the hotly contested statute.<\/p>\n

The U.S. attorney for Wyoming, Darin Smith, said last month that the recent rescission reenforces his office\u2019s intent to use \u201cevery prosecutorial tool available to hold offenders accountable.\u201d<\/p>\n

\u201cThe U.S. Attorney\u2019s 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,\u201d he said.<\/p>\n

The federal prosecutor\u2019s message adds to the uncertainty around how the current administration views its enforcement role as federal and state cannabis laws continue to conflict.<\/p>\n

For example, the notice from Smith\u2019s office comes just one day after\u00a0Trump signed a key spending bill that contains provisions to ban consumable hemp products with THC<\/a>\u2014a move that industry stakeholders say would eradicate the market that\u2019s emerged since the president signed the 2018 Farm Bill legalizing the crop during his first term.<\/p>\n

Then there\u2019s the ongoing marijuana rescheduling process that the president said in late August would be decided within a matter of weeks.<\/p>\n

That still hasn\u2019t come to fruition\u2014and a White House spokesperson told Marijuana Moment last month that \u201cthere is a process ongoing regarding the Notice of Proposed Rulemaking on rescheduling marijuana<\/a>\u00a0from May 2024 and all policy and legal requirements and implications are being considered.\u201d<\/p>\n

\u2014
\nMarijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills<\/a> in state legislatures and Congress this year. Patreon supporters<\/a> pledging at least $25\/month get access to our interactive maps, charts and hearing calendar so they don\u2019t miss any developments.<\/strong>
\n\"\"<\/a>
\nLearn more about our marijuana bill tracker<\/a> and become a supporter on Patreon<\/a> to get access.
\n\u2014<\/strong><\/p>\n

Trump endorsed rescheduling\u2014as well as marijuana industry banking access and a Florida adult-use legalization initiative that ultimately failed\u2014on 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.<\/p>\n

The administration was \u201conly looking at that\u201d reform, and it\u2019s too \u201cearly\u201d to say how the issue will be decided, he said at the time, adding that \u201cit\u2019s a very complicated subject.\u201d<\/p>\n

Meanwhile, top White House staffers under the Biden administration\u00a0recently shed new light on the mass marijuana pardon and cannabis rescheduling process<\/a>\u00a0they helped facilitate, revealing the extent to which they were involved in broader clemency actions that are now under scrutiny by GOP leaders.<\/p>\n

Also, as the marijuana rescheduling proposal awaits action, some GOP members of Congress have been urging Trump to move forward with the reform\u2014with one lawmaker taking a jab at Biden by joking that it\u2019s possible\u00a0the prior administration \u201cmust have not been able to find the autopen in time\u201d to complete the cannabis reform process<\/a>\u00a0it initiated.<\/p>\n

\n

Separately, the president in October posted a video on his Truth Social platform promoting the health benefits of cannabis<\/a>\u2014suggesting that covering CBD under Medicare would be \u201cthe most important senior health initiative of the century.\u201d<\/p>\n

Read the cannabis enforcement guidance<\/a> and rescission notice below:<\/strong><\/p>\n

\n<\/div>\n

The post Newly Revealed Biden Marijuana Guidance Rescinded By Trump DOJ Told Prosecutors To Be \u2018Extremely Cautious\u2019 About Cannabis Cases<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


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Former President Joe Biden didn\u2019t just issue mass pardons for federal marijuana possession offenses during his term\u2014his administration also ordered U.S. prosecutors to be \u201cextremely cautious\u201d about how to handle future cannabis cases, according to a previously unpublished guidance memo obtained by Marijuana Moment that has since been rescinded underContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":84638,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/84637"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=84637"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/84637\/revisions"}],"predecessor-version":[{"id":84639,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/84637\/revisions\/84639"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/84638"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=84637"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=84637"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=84637"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}