Five former U.S. Attorneys who served under President Joe Biden say they were never instructed to avoid prosecuting simple cannabis possession, pushing back on claims made by the current U.S. Attorney for Wyoming.
Former top prosecutors from Montana, Southern Ohio, South Carolina, New Mexico and Northern Texas told Cannabis Business Times they never received — or cannot recall receiving — any Justice Department memo directing them to take a hands-off approach to marijuana possession cases. Their comments followed claims from Darin Smith, the U.S. Attorney for Wyoming, who recently suggested that such guidance existed and that it had been rescinded by the Trump administration.
Jesse Laslovich, who led the Montana office from 2022 to early 2025, said there was never any directive preventing his district from pursuing marijuana offenses. He noted that limited resources meant the office focused on major trafficking cases involving methamphetamine, cocaine, heroin and fentanyl.
Smith’s comments last month led him to instruct federal agencies in Wyoming to “rigorously” pursue simple possession on federal property after he interpreted a Sept. 29 DOJ memo as reversing prior guidance. Smith has not provided a copy of the memo, nor has the DOJ responded to public requests for it.
The lack of clarity has frustrated lawmakers. Representative Dina Titus of Nevada wrote to Attorney General Pamela Bondi seeking an explanation and a copy of the memo that Smith referenced. As of Dec. 3, Bondi has not responded, and Titus said the absence of answers is increasingly troubling.
Former U.S. Attorneys who worked in prohibition states say they do not share Smith’s view. Adair Ford Boroughs of South Carolina said her office did not prioritize simple possession, adding that pursuing those cases would have pulled resources away from violent crime and fentanyl trafficking. Leigha Simonton, who previously served in Northern Texas, also said she does not recall any cannabis-specific memo being issued.
Several former prosecutors pointed to a broader DOJ charging memo that Attorney General Merrick Garland released in December 2022. The document outlined general federal charging principles and made no mention of marijuana. It emphasized discretion, the need for individualized assessments and the importance of focusing on substantial federal interests. Under those guidelines, prosecutors are encouraged to consider alternatives when state or local authorities are better suited to handle certain offenses.
While not tied directly to cannabis, the memo was consistent with Biden’s actions at the time, including the categorical pardons he issued in October 2022 for federal simple possession offenses. Former Southern Ohio U.S. Attorney Kenneth Parker said those pardons effectively signaled the administration’s stance even without a formal cannabis memo from Garland.
The Biden administration later moved to reclassify marijuana to Schedule III, but that effort did not reach completion before the end of Biden’s term. President Donald Trump has said he would “look at” the proposal but has not yet taken further action.
Without federal reform, states and local governments continue to drive most cannabis enforcement, especially in places without legalization. Advocates warn that Smith’s stance in Wyoming — combined with a still-undisclosed DOJ memo — could signal a shift toward more aggressive federal enforcement under the Trump administration, though the specifics remain unclear.
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