Former President Joe Biden didn’t just issue mass pardons for federal marijuana possession offenses during his term—his administration also ordered U.S. prosecutors to be “extremely cautious” about how to handle future cannabis cases, according to a previously unpublished guidance memo obtained by Marijuana Moment that has since been rescinded under the Trump administration.
The guidance, issued on February 26, 2024—which also had specific implications for medical cannabis patients in legal states and federal laws on gun possession by marijuana consumers—wasn’t publicized even as the then-president was campaigning for a second term that year. That’s 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.
But last month, the U.S. Attorney’s Office for the District of Wyoming disclosed that the guidance was rescinded in September, and it said cases involving marijuana would consequently be “rigorously” enforced on federal land.
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.
The Biden administration memo advised prosecutors about the scope of the pardons, noting limitations of the clemency
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