Marijuana users upset Trump will harsh their national park mellow, prosecute for possession

FROM WYOFILE: 

U.S. attorney for Wyoming says detrimental effects of marijuana are ‘undeniable’ and he will ‘rigorously’ enforce the law.

National Park rangers will start “rigorously” enforcing statutes outlawing simple possession of marijuana in Wyoming’s federal reserves, reversing a Biden-era policy, Wyoming’s U.S. Attorney Darin Smith announced Thursday.

“Marijuana possession remains a federal crime in the United States, irrespective of varying state laws,” Smith said in a statement. Enforcement will be rigorous on federal land, “such as national parks,” Smith’s statement reads.

Cannabis carries dangers, he told WyoFile through a spokesperson.

“This administration thinks that marijuana use is a public safety hazard and this office is going to uphold the law and ensure safety and security of the public within our jurisdiction,” Smith said.

The announcement harshed the mellow of several marijuana users who told WyoFile they have enjoyed smoking pot while visiting the parks. One said she would continue to partake.

“I definitely think it’s absurd,” said Alice Wise, who asked WyoFile to identify her with that pseudonym for fear of prosecution or harassment. She said smoking marijuana in national parks has enhanced her experiences.

“Nothing would stop me,” not even the new directive, the Wyoming resident said.

A memo from the Department of Justice last month prompted Attorney Smith’s announcement, said Lori Hogan, a spokesperson for his office. The new enforcement reverses an effective non-prosecution policy put in place by President Biden in 2022.

Biden’s pardon

On Oct. 6 of that year, Biden pardoned people convicted or charged federally with simple possession. The pardons applied to more than 6,000 people, according to an analysis by Theodore M. Shaw, a law professor at the University of North Carolina’s Center for Civil Rights.

The pardons effectively decriminalized simple possession or use of marijuana on federal lands, according to a commentary by John Hudak on the Brookings Institution website. Even if a federal prosecutor in the Biden administration had chosen to charge somebody for simple possession, “it would be a waste of his department’s time and resources to pursue charges that a president will ultimately pardon,” Hudak wrote.

What effect the new DOJ prosecution policy will have on illicit pot smoking in parks is uncertain.

“National Parks are reserved for recreation, for the benefit and enjoyment of the American people,” said a Jackson Hole marijuana user who asked to be identified by the pseudonym John Dough for fear of prosecution or harassment. “Why add more restrictions to our public lands?”

He quoted a John Prine lyric from the song Illegal Smile; “I didn’t kill anyone, I’m just trying to have me some fun.”

“It’s really none of the government’s business,” said Dough, who said he has been smoking pot in parks for 50 years. “I think it’s unfortunate we’re backtracking on that.”

Marijuana user Wise said attitudes regarding marijuana and other controlled substances are changing.

“The whole world has woken up about marijuana and many other consciousness-changing substances that are found to be useful,” she said. “It seems like the current administration just wants to remove every pleasure.”

Biden curtailed prosecution

Biden’s pardons “significantly curtailed” federal prosecutions of misdemeanor marijuana offenses, Smith’s office said in a release. But spokesperson Hogan said it would be difficult to determine whether incidents involving marijuana — such as impaired driving — are increasing.

“We don’t typically keep stats on that kind of stuff,” she said. “There are so many different codes that falls under, it’s really hard to query that kind of information in our system.”

Wyoming has not made marijuana possession legal like some other states. Montana, where part of Yellowstone National Park is located, has decriminalized cannabis. Pot shops are located within about a 20-minute drive of the park’s border.

According to the Drug Enforcement Administration, marijuana is classified as a Schedule I drug, along with heroin, LSD, ecstasy, peyote and others. 

“The detrimental effects of drugs on our society are undeniable,” Smith’s statement reads, “and I am committed to using every prosecutorial tool available to hold offenders accountable.”

Biden “directed U.S. Attorneys not to prosecute those offenses,” the announcement from Smith’s office said. Hudak’s commentary, however, said that Biden was careful not to direct then-Attorney General Merrick Garland.

“The president has publicly noted a desire for the Justice Department to be independent and buffered from political puppeteering,” Hudak wrote.

WyoFile is an independent nonprofit news organization focused on Wyoming people, places and policy.

This story was posted on Nov. 13, 2025.