Wyoming

Is Weed Legal in Wyoming?

No. Wyoming has not legalized recreational or medical marijuana, therefore it is against the law to use or possess cannabis in the state.

 

However, hemp-derived cannabidiol (CBD) products that contain less than 0.3% THC by weight are legal to use and possess. 

Legislation History 

The Wyoming Division of Criminal Investigation says that possessing, selling, and using anything with tetrahydrocannabinol (THC) is illegal.  

 

There were at least two attempts by advocates to place marijuana legalization on the state ballot, including an effort to place it before voters in 2018. But advocates failed to gather enough signatures to qualify.

 

Since 2015, a strict process through the Wyoming Department of Health (WDH) allowed medical CBD to be prescribed when patients applied for a Hemp Extract Registration Card, which costs $150 and needed to be renewed annually. 

 

The law only permitted people in Wyoming to use medical CBD oil products that contain less than 0.3 percent of THC by weight. Intractable epilepsy was the only condition Wyoming permits patients to use CBD oil to treat. The Hemp Extract Registry ceased operation following the passage of bill HB0171, the 2019 House Enrolled Act (HEA) 110. 

 

As of March 6, 2019, the state enacted HB0171, which was signed into law by Republican Gov. Mark Gordon. It makes the Department of Agriculture the rulemaking authority for hemp production and regulation. It passed with ease, with the House voting in favor 56-3 and passing the Senate with a 26-3 vote. 

 

After the signing of HB0171, the Department of Agriculture submitted its plan for rulemaking and regulating hemp in the state to the United States Secretary of Agriculture. The act formally removed hemp, cannabidiol from the Wyoming Controlled Substances Act.

Is Recreational Weed Legal in Wyoming?

No. Wyoming marijuana laws state that cannabis containing more than 0.3% THC, medical marijuana, and recreational marijuana are all illegal. 

 

In Wyoming, the penalties for marijuana are among the harshest in the United States. According to state law, individuals under the influence of cannabis can be charged with a misdemeanor with 6 months of jail and a $750 fine. For possession of small amounts of marijuana, which is less than 3 ounces, or 85 grams, under state law, defendants can be charged with a misdemeanor and 12 months of prison with a maximum fine of $1,000. If defendants are charged with possession of more than 3 ounces, or 85 grams, they face a felony that can come with 5 years of prison and a $10,000 fine.

How Old Do I Need
to Be to Consume?
N/A
Recreational
N/A
Medical
Possession Limit
for Flower
N/A
Recreational
N/A
Medical
Possession Limit
for Concentrates
N/A
Recreational
N/A
Medical

Is CBD Oil Legal in Wyoming?

Yes. The current Wyoming marijuana laws on the record are only in place for hemp-derived CBD oil, which the state decided to amend following the passage of the Farm Bill in December of 2018. However, the sale, possession, and use of marijuana-derived CBD oil that contains more than 0.3% THC by weight remains illegal in Wyoming. 

Purchasing CBD

As long as CBD products are under 0.3% THC, Wyoming residents can legally purchase CBD online and have it mailed to them. There are also shops across the state that sell hemp-derived CBD oil.  

Regulation Authority

The Department of Agriculture took over for the Wyoming Tobacco Prevention and Control Program as the agency in charge of distributing rules and regulations for hemp and CBD production on March 6, 2019. 

 

In accordance with Wyoming Statute 35-7-2103, industrial hemp is considered an agricultural crop. This means once state requirements are upheld, residents in Wyoming are allowed to grow, harvest, possess, process, and sell industrial hemp.

 

Under state law, applicants are required to undergo a criminal background check, fingerprint file, and pay licensing fees before receiving approval from the state to cultivate industrial hemp. Growers must also share all buyers with the state and only use seed provided from the Department of Agriculture. 

Production of Hemp

Under Wyoming marijuana laws, prospective growers will be able to apply to the Department of Agriculture for a license to produce hemp. The state submitted its proposal for a hemp program to the U.S. Department of Agriculture on April 2, 2019. It is currently in a draft form and has yet to be approved, so a formal application process for people to produce hemp agriculturally is not in effect yet.

 

This page was last updated on Aug. 27, 2019.