Is Weed Legal in Wyoming? What the Law Says About Marijuana
Explore how Wyoming's marijuana laws reflect broader legal trends and what they mean for residents and visitors alike.
Wyoming maintains some of the strictest marijuana laws in the United States, standing in contrast to many neighboring states that have moved toward legalization or decriminalization. For residents and visitors, understanding the state’s firm stance against cannabis is crucial to avoid significant legal consequences.
State Possession Laws
Wyoming law prohibits the possession of marijuana, making no distinction between recreational and medical use outside of a very narrow exception. Under the state’s Controlled Substances Act, it is illegal for any person to knowingly possess marijuana.1Justia. Wyoming Statutes § 35-7-1031 – Unlawful Manufacture or Delivery; Counterfeit Substance; Unlawful Possession The state classifies marijuana as a Schedule I controlled substance, reflecting a legal determination that it has a high potential for abuse and no accepted medical use.
The severity of the penalty depends on the amount possessed. Having three ounces or less of marijuana in plant form, or three-tenths of a gram or less in liquid form (like concentrates or hash oil), is classified as a misdemeanor. Possession exceeding these amounts elevates the offense to a felony. While legislative efforts have occasionally sought to decriminalize small amounts, these proposals have not become law, and the criminal classifications remain in effect.
Penalties for Distribution
The distribution of marijuana—defined as manufacturing, delivering, or possessing with intent to do either—is treated as a serious felony in Wyoming. State law groups marijuana with other Schedule I, II, or III controlled substances for distribution offenses.
A conviction for manufacturing, delivering, or possessing marijuana with intent to distribute carries a maximum prison sentence of ten years and potential fines up to $10,000. This penalty applies regardless of the quantity involved; the act of selling or intending to sell triggers these felony consequences. Penalties can increase significantly if the distribution involves a minor. An adult distributing marijuana to someone under 18 faces up to twenty years in prison and a fine of up to $25,000, highlighting the state’s focus on protecting minors.
Medical Marijuana Status
Wyoming does not have a comprehensive medical marijuana program, unlike many other states. Individuals seeking cannabis for medical reasons face the same legal prohibitions as those possessing it recreationally.
A single, narrow exception exists for cannabidiol (CBD) oil, established in 2015. State law allows individuals with intractable epilepsy or seizure disorders to possess and use specific hemp extracts containing less than 0.3% THC and at least 5% CBD, but only with certification from a neurologist and registration with the Wyoming Department of Health.2Marijuana Policy Project. Wyoming CBD Law Summary This law, however, does not provide a legal way to obtain these products within Wyoming. Repeated legislative efforts and ballot initiatives aimed at establishing a broader medical marijuana program have failed, leaving this limited CBD provision as the only state-sanctioned therapeutic use related to cannabis.
Paraphernalia Regulations
Wyoming law also strictly controls items associated with marijuana use, known as drug paraphernalia. The state’s Controlled Substances Act broadly defines paraphernalia as any equipment, product, or material used, intended for use, or designed for use in growing, processing, packaging, storing, or consuming controlled substances like marijuana.3Justia. Wyoming Statutes § 35-7-1002 – Definitions
Examples listed in the statute include various types of pipes (metal, glass, ceramic, water pipes, etc.), carburetion devices, and items used for processing or concealing marijuana. Whether an object is considered illegal paraphernalia often depends on evidence of intent, such as residue on the object, its proximity to drugs, or how it is marketed. Common household items could potentially fall under this definition depending on the circumstances. State law also prohibits the delivery or possession with intent to deliver drug paraphernalia.4Justia. Wyoming Statutes § 35-7-1056 – Delivery Of, or Possession With Intent to Deliver, Drug Paraphernalia Attempts to amend the law to exclude marijuana-related items from the definition have not succeeded.
Federal Law Considerations
Beyond state regulations, federal law governs cannabis across the country, including Wyoming. The federal Controlled Substances Act (CSA) classifies marijuana as a Schedule I controlled substance, indicating a federal determination that it has a high potential for abuse and no accepted medical use.5Drug Enforcement Administration. Drug Scheduling This means possession, cultivation, and distribution remain illegal under federal law, regardless of state policies.
The Drug Enforcement Administration (DEA) enforces the CSA. Federal law makes even simple possession of marijuana a federal offense. This is particularly relevant on federal lands within Wyoming, such as national parks like Yellowstone and Grand Teton, national forests, and military bases, where federal law enforcement has direct jurisdiction.
While federal law prohibits marijuana, the Department of Justice has historically prioritized enforcement resources on larger trafficking operations rather than individual possession, though this remains subject to prosecutorial discretion. Federal prosecution for simple possession is less common but legally possible. Discussions about marijuana’s federal status are ongoing. In 2023, the Department of Health and Human Services recommended rescheduling marijuana to Schedule III, acknowledging potential medical use. The Department of Justice initiated the formal rulemaking process in May 2024.6Federal Register. Schedules of Controlled Substances: Rescheduling of Marijuana However, until any change is finalized, marijuana remains a Schedule I substance under federal law, and its possession and distribution continue to be federally prohibited within Wyoming.
