Cannabis Laws in Wyoming

Current Legal Status

Cannabis is illegal in Wyoming for both recreational and general medical use. The state has not legalized adult-use cannabis, has not established a broad medical marijuana program, and has not decriminalized simple possession.^[1][2] Strong evidence

Wyoming is one of a shrinking number of U.S. states with no functional medical cannabis program. Repeated legislative efforts to legalize medical cannabis — including bills introduced in 2021, 2022, and 2023 — have failed in committee or on the floor.^[3] A 2022 University of Wyoming Survey & Analysis Center poll found that 54% of Wyoming residents supported legalizing medical cannabis and 49% supported recreational legalization, but this has not translated into legislation.^[4]

This article is informational and is not legal advice. Cannabis law changes frequently. Verify current status with the Wyoming Attorney General's office or a licensed Wyoming attorney before relying on any information here.

Possession Penalties

Wyoming penalties under Wyo. Stat. § 35-7-1031:^[1] Strong evidence

• Use or being under the influence: Misdemeanor, up to 6 months jail and $750 fine.
• Possession of 3 oz or less (plant form): Misdemeanor, up to 12 months jail and $1,000 fine.
• Possession of more than 3 oz (plant form): Felony, up to 5 years prison and $10,000 fine.
• Possession of hashish/concentrates: Different weight thresholds apply — as little as 0.3 grams of liquid concentrate can trigger felony charges.
• Sale or delivery of any amount: Felony, up to 10 years prison.
• Sale to a minor: Up to 20 years prison.

Wyoming does not have a 'personal use' exemption. There is no decriminalization. A first-time possession charge results in a criminal record unless diverted through a court program.^[2]

Medical Cannabis and CBD

Wyoming does not have a comprehensive medical marijuana program. However, two narrow exceptions exist:

1. Hemp-derived CBD (Wyoming Hemp Act, 2019): Products derived from hemp containing 0.3% THC or less by dry weight are legal to possess and sell, consistent with the 2018 federal Farm Bill.^[5][6] Strong evidence

2. Low-THC hemp extract for intractable epilepsy: Wyoming Statute § 35-7-1901 (originally passed in 2015) permits patients with intractable epilepsy to use hemp extract containing at least 5% CBD and no more than 0.3% THC, with a neurologist's certification.^[7] In practice this program has very limited use because the Wyoming Department of Health does not produce or distribute the product, and patients must source it from out of state — which itself raises federal interstate commerce issues. Strong evidence

Delta-8 THC and other hemp-derived intoxicating cannabinoids exist in a gray area. Wyoming has not passed a delta-8 ban as of mid-2024, but products that test above 0.3% delta-9 THC are illegal.^[8] Weak / limited

Driving and Border Issues

Wyoming sits between Colorado and Montana, both of which have legal adult-use cannabis. Wyoming law enforcement, particularly along I-25 and I-80, is known for cannabis-related traffic stops targeting out-of-state plates.^[9] [evidence:reported]

Key points:

• Cannabis purchased legally in Colorado, Montana, or any other state becomes illegal the instant it crosses into Wyoming. There is no reciprocity.
• Wyoming has a 'per se' provision under DUI statutes — driving with any detectable amount of a controlled substance metabolite can support a DUI charge, though prosecutors typically must show impairment.^[1]
• Civil asset forfeiture is permitted in Wyoming, though reforms in 2016 require a criminal conviction before most forfeitures.^[10]

If you are stopped, you are not required to consent to a vehicle search. Probable cause requirements still apply, but the smell of cannabis has historically been treated as probable cause by Wyoming courts.

What Hasn't Changed (and What Might)

Failed ballot efforts: In 2022, a citizen initiative campaign by the Wyoming chapter of NORML attempted to gather signatures for two ballot measures — one decriminalizing possession and one establishing a medical program. Neither qualified for the ballot.^[11] [evidence:reported]

Legislative outlook: Wyoming's legislature meets in short sessions (20 days in even years, 40 days in odd years), which limits the time available to advance contested bills. Medical cannabis bills have repeatedly died in the House Judiciary Committee.^[3]

Federal changes: A federal rescheduling of cannabis from Schedule I to Schedule III (under DEA review as of 2024) would not legalize cannabis in Wyoming. State law would continue to apply.^[12]

For the most current status, check the Wyoming Legislature's bill tracker and the Wyoming Attorney General's published guidance. Last verified: June 2024.

Sources

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