DOJ

The U.S. Department of Justice, headed by the Attorney General, is the executive department responsible for federal law enforcement and prosecution. Within DOJ, the DEA administers the CSA; U.S. Attorneys' offices prosecute federal cannabis offenses; the Office of the Pardon Attorney processes clemency petitions; the Civil Division defends federal cannabis policy in court; and the Office of Legal Counsel issues internal legal opinions. DOJ's enforcement posture toward state-legal cannabis has shifted repeatedly: the 2013 Cole Memo announced a non-interference policy; AG Jeff Sessions rescinded it in January 2018; AG Merrick Garland declined to issue a formal replacement but (per unpublished reporting) circulated a February 2024 internal memo requiring U.S. Attorney approval and 72-hour EOUSA notification before charging simple possession. On September 29, 2025, AG Pam Bondi's DOJ rescinded the February 2024 guidance; on November 13, 2025, U.S. Attorney Darin Smith (D. Wyo.) announced his office would "rigorously" prosecute simple cannabis possession on federal lands. As of April 2026 there is no overarching DOJ policy on state-legal cannabis enforcement. *→ See also: Cole Memo, DEA, Rohrabacher-Farr Amendment, Pardon