Trump-Appointed U.S. Attorney Says His ‘Instinct’ Is Medical Marijuana Dispensary Shouldn’t Be ‘In The Community’ As He Warns Of Federal Prosecution

While shutting down licensed marijuana dispensaries doesn’t “rise to the top” of his priorities, a U.S. attorney who recently warned a Washington, D.C. cannabis shop about potential federal law violations says his “instinct is that it shouldn’t be in the community.”

In an interview with NBC4 that was released on Friday, Interim U.S. Attorney for the District of Columbia Ed Martin—who is currently going through a Senate confirmation process for the job—talked about his decision to send a letter to the owners of a dispensary that suggested they could face prosecution by the Trump administration’s Justice Department.

“Your dispensary appears to be operating in violation of federal law, and the Department of Justice has the authority to enforce federal law even when such activities may be permitted under state or local law,” the letter from Martin to Green Theory said.

“Persons and entities owning, operating, or facilitating such dispensaries (as well as premises grow centers),” it added, “may be subject to criminal prosecution and civil enforcement actions under federal law.”

Thank you @nbcwashington for your story on @USAO_DC‘s work! Watch here: Interim DC US attorney looking into location of marijuana dispensary https://t.co/ZEjtgDM4DS

— U.S. Attorney DC (@USAO_DC) April 28, 2025

The federal attorney said in the new interview that his action was prompted in part by messages he received from parents who complained about the proximity of the dispensary to certain schools. While compliant with D.C. rules, he said the distance violated the Safe and Drug-Free Schools and Communities Act that prohibits cannabis shops within 1,000 feet of school campuses.

“You apply the facts to the law, but you do it in the context of what the community is going through at that moment,” he said.

“I want to get to the bottom of it. I think—look, my instinct is that it shouldn’t be in the community based on what I saw from the parents,” Martin said. “But I think people and businesses deserve the opportunity to look at it and interact.”

He added that, “If you want to change the law, we can go to Congress, you and I can say that. I happen to think that’s a good law.”

Martin’s letter to Green Theory requested a response by May 12 with answers to three questions:

• Are you aware of the federal laws related to marijuana dispensaries and their locations near schools?
• Have you addressed these issues with federal law enforcement officials?
• Can you produce documentation regarding your compliance with federal law?

“I am concerned that you are in violation of federal laws,” Martin wrote in his letter, “which are intended to protect children. To that end, the need to address this issue is serious.”

NBC4 noted that while Martin says he has a good relationship with D.C.’s mayor and police chief, he didn’t notify either of them about his letter to the cannabis dispensary before sending it.

Key to the dispute, a current federal budget rider is intended to prevent DOJ from using funds to interfere with state medical marijuana programs. The so-called Rohrabacher–Farr amendment, named after the lawmakers who sponsored it, prohibits DOJ from spending money “to prevent [states with legal medical marijuana] from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”

Green Theory was reportedly one of the first in D.C. to transition from being an illicit so-called “gifting shop”—which attempted to use a loophole to sell non-regulated marijuana to adults—to become part of the District’s licensed medical marijuana program.

The dispensary at one point sought to allow onsite marijuana use, with a business plan that envisioned “a vibe similar to the world-famous Amsterdam Coffee Shops.” Since then, however, co-founder Robert Martin said the business no longer intends to allow onsite consumption.

Under D.C.’s own cannabis rules, dispensaries can’t operate within 300 feet of schools, though commercially zoned areas—where schools may be located—are exempt.

In a March 2024 letter, the District’s Alcoholic Beverage and Cannabis Administration (ABCA) argued federal law does not interfere with its medical marijuana program, which the agency said had “been subject to congressional review, and has not been disapproved or repealed.”

Regarding the Rohrabacher–Farr budget provision, regulators wrote in the letter, “It is well established that cannabis is federally illegal, and that persons and entities may be subject to federal controlled substance laws. Nevertheless, Congress has also decided to repeatedly enact a budget rider protecting the District’s and other state’s medical cannabis programs that are currently in effect.”

Late last month, meanwhile, the White House called the District’s move to decriminalize marijuana an example of a “failed” policy that “opened the door to disorder.”

In a fact sheet about an executive order that Trump signed—which is broadly aimed at beautifying the District and making it more safe—the White House listed several local policies in the nation’s capital that it takes issue with, including cannabis reform. That’s despite the president’s previously stated support for a states’ rights approach to marijuana laws.

“D.C.’s failed policies opened the door to disorder—and criminals noticed,” it says, citing “marijuana decriminalization,” as well as the District’s decision to end pre-trial detentions and enforcement practices around rioters, as examples of such policies.

The executive order itself doesn’t mention marijuana specifically. But it says the directive will involve “deploying a more robust Federal law enforcement presence and coordinating with local law enforcement to facilitate the deployment of a more robust local law enforcement presence as appropriate in areas in or about” D.C., and that includes addressing “drug possession, sale, and use.”

Recreational cannabis possession and personal cultivation is legal in D.C. under a voter-approved ballot initiative, though commercial sales of non-medical marijuana remain illegal.

Because of a different congressional rider that’s been renewed annually since that vote, the District hasn’t been able to use its local funds to implement a system of regulated recreational cannabis sales, so officials have taken steps to expand the city’s existing medical marijuana program as a workaround.

During Trump’s first term in the White House, he maintained that D.C. rider to keep blocking cannabis sales in his budget requests, as did his successor, former President Joe Biden.

Also during his earlier term, Trump’s first attorney general, Jeff Sessions, rescinded Obama-era guidance that generally advised federal prosecutors not to interfere with state marijuana laws.

As advocates and industry stakeholders have waited to see how the Trump administration will navigate cannabis policy issues during the current term—and whether the president will push for reforms such as rescheduling and banking access as he endorsed on the campaign trail last year—the fact his White House’s first public mention of marijuana in its D.C.-focused fact sheet linked decriminalization to disorder sent a different message.

Now, the new letter from the U.S. attorney raises new questions about the Justice Department’s stance on cannabis under Trump.

Meanwhile last week, an activist who received a pardon for a marijuana-related conviction during Trump’s first term paid a visit to the White House, discussing future clemency options with the recently appointed “pardon czar.”

Separately, a marijuana industry-backed political action committee (PAC) has released a series of ads over recent weeks that have attacked Biden’s cannabis policy record as well as the nation of Canada, promoting sometimes misleading claims about the last administration while making the case that Trump can deliver on reform.

Its latest ad accused former President Joe Biden and his Drug Enforcement Administration (DEA) of waging a “deep state war” against medical cannabis patients—but without mentioning that the former president himself initiated the rescheduling process that marijuana companies want to see completed under Trump.

Adding uncertainty to that process, Trump’s pick to lead DEA, Terrance Cole, is on record repeatedly voicing concerns about the dangers of marijuana and linking its use to higher suicide risk among youth.

The current acting administrator, Derek Maltz, has separately made a series of sensational claims about marijuana, calling it a gateway drug that sets children up to use other substances, suggesting marijuana use is linked to school shootings and alleging that the Justice Department “hijacked” the cannabis rescheduling process from DEA.

Earlier this month, DEA notified an agency judge that the marijuana rescheduling process is still on hold—with no future actions currently scheduled as the matter sits before Maltz.

Meanwhile, a recent poll found that a majority of Republicans back a variety of cannabis reforms. And notably, they’re even more supportive of allowing states to legalize marijuana without federal interference compared to the average voter.

The survey showed that majorities of overall voters (70 percent) and GOP voters (67 percent) back rescheduling cannabis.

The survey was first noted by CNN in a report last month that quoted a White House spokesperson saying the administration currently has “no action” planned on marijuana reform proposals, including those like rescheduling and industry banking access that Trump endorsed on the campaign trail last year.

The White House has also said that marijuana rescheduling is not a part of Trump’s drug policy priorities for the first year of his second term—a disappointment for advocates and stakeholders who hoped to see him take speedier action.

Meanwhile, former marijuana prisoners who received clemency from Trump during his first term staged an event outside the White House earlier this month, expressing gratitude for the relief they were given and calling on the new administration to grant the same kind of help to others who are still behind bars for cannabis.

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