Department of Justice

U.S. Attorney’s Office for the District of Wyoming, Thursday, November 13, 2025
Rescission of Marijuana Charging Guidance
On September 29, 2025, the U.S. Department of Justice rescinded previous guidance concerning the prosecution of simple marijuana possession

Lemelson v. SEC, Civil Action No. 24-2415 (SLS) (D.D.C., May 27, 2025).

The SEC has since abandoned any argument that the removal protections are constitutional. See Def.’s Reply at 10-11 (citing Notice of Change in Position, ECF No. 16).[1]

[1] The Commission filed a notice “to inform the Court that the Acting Solicitor General has decided that the multiple layers of removal restrictions for administrative law judges in 5 U.S.C. § 7521 do not comport with the separation of powers and Article II and that the United States will no longer defend them in litigation.” Notice of Change in Position at 1.

Statement from Justice Department Chief of Staff Chad Mizelle, February 20, 2025

Executive Order 14215, February 18, 2025

United States v. McIntosh, 833 F.3d 1163 (9th Cir. 2016)

Funding Limits on Federal Prosecutions of State-Legal Medical Marijuana, February 4, 2022

United States v. Bilodeau, No. 19-2292 (Federal Spending Restriction on Prosecution for State Authorized Use, January 26, 2022)

Modernizing the Administrative Procedures Act, July 30, 2020

United States v. Pisarski, No. 17-10428 (Federal Spending Restriction on Prosecution for State Authorized Use, July 10, 2020)

Alpenglow Botanicals v. United States, No. 18-1122 (Petition Denied, June 24, 2019)

Ogden Memorandum of October 19, 2009