Wyoming U.S. Attorney Vows To “Rigorously Prosecute” Federal Marijuana Possession Cases

17 November 2025

Federal cannabis enforcement in Wyoming is shifting toward a tougher posture at a time when many states appear to be heading in the opposite direction. The U.S. Attorney’s Office for the District of Wyoming announced that it will again prosecute simple marijuana possession on federal land, calling the approach “rigorous” and consistent with federal statute. U.S. Attorney Darin D. Smith said his office is “committed to using every prosecutorial tool available,” and reminded the public that marijuana possession “remains a federal crime” regardless of state-level reforms.

The announcement follows a federal decision in September to rescind Biden-era policies that had eased up on misdemeanor marijuana prosecutions. Smith’s office acknowledged that enforcement of low-level cannabis cases had been “significantly curtailed” in recent years, especially for incidents occurring on federal property such as parks or recreation areas.

Those earlier changes came after two presidential pardon proclamations in 2022 and 2023 that cleared federal convictions for simple possession, including cases tied to federal lands. Public comments from former Attorney General Merrick Garland also signaled a preference to move federal resources away from charging adults for low-level cannabis possession. But DOJ never issued a written directive formally ending such prosecutions, and no documentation of such a policy has been produced.

Smith’s announcement signals a return to more active enforcement in Wyoming. He was appointed earlier this year by Attorney General Pam Bondi, and his office’s statement indicates that federal prosecutors will again pursue low-level marijuana cases on federal land, regardless of Wyoming’s own enforcement priorities. That includes activity in national recreation areas, federal facilities and other properties where federal jurisdiction applies.

Reform advocates and legal observers say the move appears out of step with national trends. Many point out that a growing number of states now allow adults to possess small amounts of cannabis and that public opinion has shifted toward decriminalization. They argue that directing federal resources toward prosecuting minor possession cases may run counter to those trends and could lead to unequal enforcement across different regions of the country.

Some also note a contrast with past public statements from national political figures who have argued that arresting adults for carrying small amounts of cannabis wastes resources and needlessly harms people with no prior criminal history. The recent changes within the Justice Department, however, have removed previous guardrails that discouraged these prosecutions, giving U.S. Attorneys more discretion to pursue cases if they choose.

For people who live in or visit Wyoming, the shift may have immediate implications. Conduct that state authorities might overlook, or handle through civil penalties, could now be charged as a federal crime if it occurs on federal land. This includes activity in parks, campgrounds, monuments or other areas administered by federal agencies.

The shift also highlights the tension that continues to shape cannabis policy in the United States. Federal law still classifies marijuana possession as a crime, while many states have adopted reforms that move toward decriminalization or full legalization. Wyoming’s stricter enforcement posture appears to reflect the Justice Department’s recent course correction, which gives federal prosecutors greater latitude to enforce federal law as written.

How long this stricter approach may last is unclear. A future administration, Congress or new Justice Department leadership could revise enforcement priorities again. Until then, people using cannabis in Wyoming, especially on federal land, may face greater legal risk than they have in recent years.