Although shutting down marijuana dispensaries is not “at the top of” his list, the U.S. lawyer who has recently warned Washington, D.C.’s cannabis shop that they may be violating federal law says “his instinct is that this shouldn’t happen 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.
Martin wrote to Green Theory that “Your dispensary seems to be violating federal law. The Department of Justice can enforce federal laws even though such activities might be allowed under state or municipal law.”
It added that “persons and entities who own, operate, or facilitate such dispensaries” (aswell as premises-grow centers) “may be exposed to civil and criminal enforcement actions and prosecution under federal law.”
Thanks for your time @nbcwashington Your story about @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
In a new interview, the federal attorney explained that his actions were influenced in part by the messages from parents complaining about the close proximity of certain schools to the dispensary. Although he was in compliance with D.C. laws, he claimed that the distance breached the Safe and Drug-Free Schools and Communities Act prohibiting cannabis shops from being within 1,000 feet or school campus.
He explained that “you apply the facts in law but do so within the context of the current situation the community faces at the moment.”
I’m interested in finding out what happened. I think—look, my instinct is that it shouldn’t be in the community based on what I saw from the parents,” Martin said. Martin said, “But I believe people and business deserve to have the chance to interact and look at it.”
He said, “If we want to make changes to the law, then you and I both can tell Congress that.” It’s my opinion that it is a great law.
Martin requested that Green Theory respond by 12 May with three answers.
- Do you know the federal law that prohibits marijuana dispensaries from being located near schools and other public places?
- You have addressed this issue with the federal law enforcement authorities?
- Are you able to provide documentation proving your compliance with federal legislation?
Martin’s letter began: “I am worried that you have violated federal laws which are meant to protect children.” In this regard, it is important to take action.
NBC4 pointed out that although Martin claimed to be in a friendly relationship with D.C.’s police chief and mayor, he had not informed them before sending his letter.
A federal budget rider, which is at the heart of this dispute, prevents DOJ from interfering with medical marijuana programs in states. 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] “States are prohibited from adopting their own laws which authorize the possession, use, distribution or cultivation of medicinal 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.
A business plan had envisioned “a feel similar to Amsterdam Coffee Shops.” Robert Martin, the co-founder, has said that they no longer plan to permit onsite marijuana 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. Congress also decided that it would repeatedly pass a budget riders protecting medical cannabis programs currently operating in the District and other states.
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. This is despite President Trump having previously expressed his support for states’ rights in 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. It says, however, that the directive involves “a greater Federal law enforcement and coordination with local law-enforcement presence to facilitate a larger local law-enforcement presence where appropriate” in and around Washington D.C. This includes “drug sale and use,” as well as “a presence of more Federal law enforcement.”
A voter-approved initiative has made it legal for D.C. residents to possess and cultivate recreational cannabis, but commercial marijuana sales remain illegal.
A different congressional riding that has been renewed each year since then prevents the District from using its local funds for a system of controlled recreational cannabis sales. As a solution, city officials expanded the medical marijuana program in order to get around this.
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.
Jeff Sessions also rescinded Obama era guidelines that advised federal prosecutors generally not to interfere in state marijuana laws during Trump’s earlier term.
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.
The new letter by the U.S. Attorney raises questions regarding the Justice Department’s position on marijuana under Trump.
Last week, an activist, who was pardoned for marijuana convictions during Trump’s initial term, visited the White House to discuss future clemency with the newly 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. Notably, Republicans are more likely than the average voter to support a state-led marijuana legalization without federal intervention.
A majority of both voters overall (70%) as well as GOP voters (67%) supported rescheduling marijuana.
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.
Pennsylvania Governor Will Include Marijuana Legalization Within His Budget But A Top Republican Senator Is Still Skeptical