Cannabis Laws in Wyoming: Comprehensive Legal Reference Guide

Legal Status and Regulatory Framework in Wyoming

Overview. Wyoming is a full-prohibition state. Marijuana is a Schedule I controlled substance under the Wyoming Controlled Substances Act, Wyo. Stat. Ann. §§ 35-7-1001 through 35-7-1057, and the state has no adult-use program, no medical-marijuana program, and no decriminalization law^[1][2]. The only cannabis-derived products that are lawful in Wyoming are hemp and hemp-derived CBD containing ≤0.3% THC (under the federal Farm Bill framework and Wyoming’s hemp program) and a narrow 2015 “hemp extract” allowance for certain intractable-epilepsy patients (see Medical Use). Possession, use, sale, and cultivation of marijuana all remain criminal offenses, and Wyoming is one of a small number of states that separately criminalizes being under the influence of marijuana^[1]. As of June 2026, multiple reform bills and two 2024 ballot initiatives have failed, leaving the prohibition framework unchanged.

Wyoming rejected the 2026 federal rescheduling. After the U.S. Department of Justice moved FDA-approved marijuana products and state-licensed medical marijuana from Schedule I to Schedule III effective April 28, 2026, Wyoming filed a formal objection on May 28, 2026 and held a public hearing on June 18, 2026. In early July 2026 the state’s Commissioner of Drugs and Substances Control issued a final decision keeping marijuana in Schedule I under the Wyoming Controlled Substances Act. The practical effect is that all marijuana remains Schedule I in Wyoming, including cannabis that would qualify under another state’s medical marijuana program, so a medical card issued by another state provides no protection here^[3].

Adult-Use (Recreational) Cannabis in Wyoming

Adult-use cannabis is illegal in Wyoming, with no legalization or decriminalization. Penalties under the Wyoming Controlled Substances Act, Wyo. Stat. Ann. §§ 35-7-1001 et seq.^[1]:

• Being “under the influence” / internal possession — Wyoming uniquely criminalizes simply using or being under the influence of marijuana: a misdemeanor punishable by up to 6 months in jail and a fine up to $750 (Wyo. Stat. Ann. § 35-7-1039). A person can be charged for this even with no marijuana physically on them.
• Possession of 3 oz or less — misdemeanor, up to 12 months and a fine up to $1,000 (Wyo. Stat. Ann. § 35-7-1031).
• Possession of more than 3 oz — felony, up to 5 years and a fine up to $10,000 (Wyo. Stat. Ann. § 35-7-1031).
• Concentrates / hash oil — possession of 0.3 g or less of a liquid concentrate is a misdemeanor (up to 12 months / $1,000); more than 0.3 g is a felony (up to 5 years / $10,000)^[1].
• Sale or distribution (any amount) — felony, up to 10 years and a fine up to $10,000 (Wyo. Stat. Ann. § 35-7-1040). Distribution to a minor more than 3 years younger can carry up to 20 years.
• Cultivation (any amount) — misdemeanor, up to 6 months and a fine up to $1,000 (Wyo. Stat. Ann. § 35-7-1002).
• Paraphernalia — delivery or possession with intent to deliver is a misdemeanor (up to 6 months / $750); delivery to a minor is a felony (up to 5 years / $2,500)^[1].
• A conviction within 500 feet of a school carries an additional $500 fine. First-time offenders may be eligible for conditional release / diversion, which can keep the charge off the record after successful probation^[1].

Home cultivation is not permitted for any purpose, and Wyoming does not recognize out-of-state medical-marijuana cards.

Medical Cannabis Program (or Lack Thereof)

Wyoming has no medical-marijuana program. There is no patient registry for cannabis, no qualifying-conditions list, no medical dispensaries, and no caregiver system, and out-of-state medical cards are not recognized^[2]. The only medically oriented allowance is a narrow 2015 “hemp extract” law (HB 32): it permits patients with intractable epilepsy (a seizure disorder unresponsive to other treatment, as determined by a neurologist) to possess and use a hemp extract containing ≤0.3% THC and ≥15% CBD, after registering for a Hemp Extract Registration Card with the Wyoming Department of Health^[4]. Critically, the law created no in-state production or dispensaries, so registered patients must obtain the extract from out of state — and transporting cannabis products across state lines remains a federal crime regardless of THC content^[4]. Separately, hemp-derived CBD at ≤0.3% THC is broadly legal to buy and possess in Wyoming under the federal Farm Bill framework and the state’s hemp program. FDA-approved cannabis-derived drugs (e.g., Epidiolex) are available by prescription. None of this amounts to a medical-marijuana program.

Cannabis Business Regulations in Wyoming

There is no legal marijuana industry in Wyoming and no state licensing framework for cultivation, processing, distribution, or retail of marijuana — all such activity remains criminal^[2]. The only cannabis-adjacent commercial activity the state regulates is industrial hemp: the Wyoming Department of Agriculture administers a hemp program under the federal Farm Bill, and hemp-derived CBD products at ≤0.3% THC may be sold consistent with that framework. Because marijuana is fully prohibited, there is no cannabis tax regime, no dispensary licensing, and no regulated testing or packaging system for marijuana in Wyoming.

Individual Consumer Laws and Penalties

Possession and use. Any non-exempt possession or use of marijuana is a criminal offense (see Adult-Use), and Wyoming separately criminalizes being under the influence of marijuana as a misdemeanor^[1]. There is no lawful public or private adult use.

Impaired driving (DUI). Wyoming prohibits driving under the influence of a controlled substance to a degree that renders a person incapable of safely driving. Wyoming has no specific THC per se limit, so marijuana DUI cases typically turn on officer observation and impairment evidence rather than a numerical threshold^[5].

Employment. Wyoming is an at-will state with no marijuana workplace-protection law. Employers may test for marijuana and other drugs (including under U.S. Department of Transportation rules) and may discipline or terminate employees for a positive test; there is no medical-use exception because Wyoming has no medical-marijuana program.

Firearms (federal). Under federal law (18 U.S.C. § 922(g)(3)), an “unlawful user of” a controlled substance — which includes any marijuana user — is prohibited from purchasing or possessing firearms or ammunition, and ATF Form 4473 still asks about marijuana use; this federal restriction applies regardless of state law^[6]. (ATF has proposed revising the Form 4473 marijuana question, but as of June 2026 that proposal is in its public-comment period and not yet in force.)

Recent Changes and Developments (2023–2026)

2024 ballot initiatives — failed to qualify (the key development). In 2023–2024, organizers ran two statewide citizen initiatives: a medical-cannabis initiative (the Wyoming Medical Marijuana Initiative) and a decriminalization initiative (to reduce criminal penalties for marijuana cultivation, possession, use, and transport). Both campaigns collected large raw signature totals (roughly 48,000+ and 47,000+ signatures, respectively), but neither qualified for the November 2024 ballot because they fell short of Wyoming’s geographic-distribution requirement (a minimum percentage of signatures in at least two-thirds of counties)^[7][8]. Organizers said they would keep working with legislators and pursue future ballot efforts.

No marijuana measure on the 2026 ballot. As of June 2026, no cannabis initiative has qualified for Wyoming’s November 3, 2026 ballot — the only certified statewide measure is an unrelated property-tax exemption^[9]. The 2026 initiative signature threshold was set at 40,669 valid signatures.

Legislative reform bills keep failing. Recent reform efforts have not advanced: HB 204 (2024) would have decriminalized possession of up to 3 oz (civil offense, up to a $100 fine) and was killed in the House within days^[2]; HB 191 (2025), a similar civil-penalty/decriminalization measure, was not taken up for introduction in the House^[10]; and HB 166 (2026), a bipartisan bill to reschedule marijuana to Schedule III under state law, was introduced but did not advance in the 2026 budget session^[11]. None became law, and Wyoming’s prohibition framework is unchanged.

Federal developments (2025–2026) — limited or no in-state effect.

• Federal Schedule III rescheduling (medical only). On April 22, 2026, the U.S. Department of Justice/DEA issued a final order moving state-licensed medical marijuana and FDA-approved marijuana products from Schedule I to Schedule III (published/effective April 28, 2026); adult-use/recreational marijuana remains Schedule I, the main effect is federal §280E tax relief for medical operators, and a broader rescheduling hearing was held June 29 to July 15, 2026, with no decision yet^[12][13]. This federal change has essentially no effect in Wyoming, which has no state-licensed medical-marijuana program; marijuana remains Schedule I under Wyoming law, and a Wyoming state official issued a formal objection to rescheduling marijuana under state law following the federal move^[14].
• Tougher federal enforcement on federal land. In September 2025, after the U.S. DOJ rescinded earlier guidance, the U.S. Attorney for the District of Wyoming announced that simple marijuana possession on federal land — including Yellowstone and Grand Teton National Parks — would be “rigorously” prosecuted^[15].

Bottom line (June 2026): Wyoming remains one of the strictest prohibition states — no medical or adult-use program, criminal penalties (including for being under the influence), failed 2024 ballot initiatives with no marijuana measure on the 2026 ballot, and reform bills that continue to die in the Legislature. The April 2026 federal Schedule III change is medical-only and does not apply in Wyoming.

Sources: Wyoming Controlled Substances Act, Wyo. Stat. Ann. §§ 35-7-1001 through 35-7-1057 (§ 35-7-1039 under-the-influence; § 35-7-1031 possession; § 35-7-1040 sale; § 35-7-1002 cultivation); NORML — Wyoming Laws and Penalties and Wyoming Medical CBD / Low-THC Law (2015 HB 32 hemp-extract)^[1][4]; NORML — Wyoming Drugged Driving (no per se THC limit)^[5]; MPP — Wyoming (classified “Illegal”; HB 204 decrim bill)^[2]; Ballotpedia — Wyoming Medical Marijuana Initiative (2024) and Wyoming 2026 ballot measures^[7][9]; Marijuana Moment reporting on the failed 2024 initiatives and the 2026 state rescheduling objection^[8][14]; Wyoming Legislature — HB 191 (2025) and HB 166 (2026)^[10][11]; U.S. DOJ — U.S. Attorney for the District of Wyoming, “rigorous” prosecution on federal land (Sept. 2025)^[15]; ATF — Identify Prohibited Persons (18 U.S.C. § 922(g)(3))^[6]; Federal Register — Rescheduling of FDA-Approved Products (Apr. 28, 2026) and MPP — DOJ reschedules state-legal medical cannabis to Schedule III (Q&A)^[12][13].