Understanding Wyoming’s cannabis regulations is important for residents and visitors. This article provides an overview of the state’s legal landscape, covering recreational and medical use, the rules for hemp-derived products, and laws related to driving.
Recreational Marijuana Legality in Wyoming
In Wyoming, the recreational use of marijuana is illegal. State law prohibits the possession, sale, distribution, and cultivation of marijuana for personal purposes. Unlike a growing number of states, Wyoming has not legalized or decriminalized recreational cannabis, maintaining it as a controlled substance. This prohibition means there is no legal framework for a recreational market, and any sale or purchase of marijuana for non-medical reasons is an unlawful act subject to legal consequences.
Medical Marijuana Status in Wyoming
Wyoming does not have a comprehensive medical marijuana program that allows patients to access cannabis for a broad range of conditions. The state has not established a system of patient registries, identification cards, or state-licensed dispensaries. A narrow exception exists under “Halleck’s Law,” which permits the use of certain hemp extracts for a specific medical issue. This law is limited to individuals diagnosed with intractable epilepsy and allows for the possession of a hemp extract with at least 5% cannabidiol (CBD) by weight and less than 0.3% THC. However, the law does not create a legal method for patients to obtain these products within Wyoming.
Penalties for Marijuana Offenses
The penalties for marijuana-related offenses in Wyoming are detailed in state statutes. Possession of three ounces or less of marijuana in plant form is a misdemeanor, resulting in up to 12 months of imprisonment, a fine of up to $1,000, or both. Possessing more than three ounces elevates the crime to a felony, which carries a potential sentence of up to five years in prison and a $10,000 fine. The sale, delivery, or possession with intent to distribute marijuana is a felony offense, regardless of the amount involved, with penalties of up to ten years in prison and a $10,000 fine. Cultivating any amount of marijuana is a misdemeanor, punishable by up to six months in jail and a $1,000 fine.
Legal Status of CBD and Hemp Products
In Wyoming, the legality of cannabidiol (CBD) and other hemp-derived products hinges on their THC concentration. Following the federal 2018 Farm Bill, Wyoming passed legislation legalizing hemp and its derivatives. State law defines legal hemp as the cannabis sativa L. plant containing no more than 0.3% THC on a dry weight basis. CBD products that meet this low-THC threshold are legal to possess, purchase, and sell. However, a 2024 law prohibits the production and sale of hemp products containing synthetic substances, including synthetic cannabinoids and psychoactive THC isomers like Delta-8 THC.1Legislative Service Office. HB0106 – Hemp-Limitations on Psychoactive Substances Any product with a THC concentration above 0.3% is classified as marijuana and is illegal.
Marijuana and Driving Laws in Wyoming
Wyoming law prohibits operating a vehicle while under the influence of marijuana. The state’s driving while under the influence (DWUI) statute makes it illegal to drive if impaired by a controlled substance to a degree that renders them incapable of safely operating the vehicle. Wyoming law does not set a “per se” numerical limit for THC in a driver’s blood. Instead, any presence of a controlled substance that impairs driving ability can be grounds for a DWUI charge, and THC levels can be used as evidence of that impairment. A first-time conviction for a marijuana-related DWUI is a misdemeanor and can result in up to six months in jail, a fine of up to $750, and a 90-day driver’s license suspension.2U.S. Law :: Justia. Wyoming Statutes § 31-5-233 – Driving While Under Influence Penalties increase for subsequent offenses, with a second offense within ten years requiring a minimum of seven days in jail. The state’s implied consent law also means that refusing a chemical test can lead to an automatic license suspension.