Wyoming Cannabis Laws: What's Legal and What's Not

Quick Answer: Cannabis Legality in Wyoming

Wyoming is among the strictest states regarding cannabis. Here is a summary:

• Recreational cannabis: Illegal. No adult-use program exists or is pending.
• Medical cannabis: Illegal. Wyoming has no medical marijuana program.
• Hemp-derived CBD (under 0.3% THC): Generally legal under federal law and Wyoming's hemp statutes. State-level regulations from the Wyoming Department of Agriculture apply to cultivation and processing.
• Penalties: Severe. Even small amounts can result in jail time and fines. Larger amounts trigger felony charges.

Wyoming law provides no gray area for cannabis possession, cultivation, or distribution; the state has not decriminalized any amount.

Current State of Cannabis Legality in Wyoming

Hemp vs. Marijuana: The Legal Distinction

Wyoming law, like federal law, distinguishes between hemp and marijuana based on THC concentration. Hemp is defined as cannabis with a delta-9 THC concentration at or below 0.3% on a dry weight basis. Anything above that threshold is marijuana and is treated as a Schedule I controlled substance under Wyoming's Controlled Substances Act (W.S. 35-7-1001 et seq.).

CBD products derived from compliant hemp are not prohibited under state law, but the market is regulated. The Wyoming Department of Agriculture oversees the state's hemp program, including licensing for growers and processors. Commercial cultivators or processors of hemp must consult the Wyoming Department of Agriculture directly for current licensing requirements, fees, and compliance standards, as these details vary and are subject to regulatory updates.

Industrial Hemp Cultivation

Wyoming enacted hemp legislation consistent with the 2018 federal Farm Bill, allowing licensed cultivation and processing under Wyoming Department of Agriculture oversight. Unlicensed hemp cultivation, or cultivation of plants testing above the 0.3% THC threshold, can lead to prosecution under the state's marijuana statutes. The line between legal hemp and illegal marijuana is enforced at the THC level, not the plant species.

No Medical Cannabis Program

Wyoming has no medical cannabis law. There is no patient registry, no licensed dispensary system, and no affirmative defense for medical use. Patients using cannabis in other states for medical purposes have no legal protection when they cross into Wyoming. A valid out-of-state medical card holds no legal standing under Wyoming law.

No Adult-Use Recreational Program

Recreational cannabis is illegal. Wyoming has not passed, and does not have pending, any adult-use legalization framework.

Penalties for Cannabis Offenses in Wyoming

Wyoming's Controlled Substances Act (W.S. 35-7-1001 et seq., Title 35, Chapter 7, Article 10) sets out penalties for marijuana offenses. Consequences are steep compared to most states.

Possession

Wyoming's possession threshold for a misdemeanor is relatively low at 3 ounces or less. Possession of larger amounts, or possession in circumstances suggesting distribution, can be charged as a felony. Consult the Wyoming Controlled Substances Act (W.S. 35-7-1031) for current statutory language, as courts and prosecutors consider surrounding circumstances when determining charges.

Cultivation and Manufacture

Manufacturing or cultivating marijuana is a felony under Wyoming law (W.S. 35-7-1031). Penalties for manufacture or delivery can include:

• Up to 10 years imprisonment and fines up to $10,000 for a first offense involving amounts under certain thresholds.
• Enhanced penalties for larger quantities or repeat offenses.

Consult W.S. 35-7-1031 directly or speak with a Wyoming attorney for precise sentencing ranges tied to specific quantities, as the statute structures penalties in tiers.

Distribution and Trafficking

Delivery or distribution of any amount of marijuana is a felony in Wyoming (W.S. 35-7-1031). Penalties scale with quantity and prior record. Trafficking larger amounts carries multi-year prison sentences and substantial fines. Delivery to a minor or distribution near a school triggers additional enhancements.

Hashish and Concentrates

Wyoming law treats hashish and cannabis concentrates separately from plant material. Hashish is specifically defined and scheduled under Wyoming's Controlled Substances Act. Penalties for hashish possession and distribution generally mirror or exceed those for marijuana; the lower weight of concentrates relative to plant material does not reduce legal exposure. A small amount of concentrate can carry the same or greater penalties as a larger amount of flower.

Collateral Consequences

Beyond fines and incarceration, a cannabis conviction in Wyoming can trigger:

• Driver's license suspension under Wyoming's drug offense statutes.
• Loss of eligibility for certain professional licenses.
• Federal consequences, including loss of student loan eligibility and public housing access.
• Immigration consequences for non-citizens, which can be severe even for misdemeanor convictions.

Federal Law vs. State Law: The IRC §280E Impact

This section is primarily relevant to cannabis business operators. It illustrates why federal prohibition continues to matter even in states where cannabis is legal.

What IRC §280E Does

Internal Revenue Code §280E disallows ordinary and necessary business expense deductions for any trade or business trafficking in Schedule I or Schedule II controlled substances. Cannabis remains a Schedule I controlled substance under federal law. This means a cannabis dispensary, even one operating legally under state law, cannot deduct standard business expenses like rent, payroll, or marketing costs on its federal tax return (IRC §280E).

The COGS Exception

Cost of goods sold (COGS) is not a deduction in the traditional sense. It is an adjustment to gross income, and IRC §280E does not eliminate it. Cannabis businesses can still account for the direct cost of producing or acquiring their inventory. This is the primary tax planning lever available to state-legal operators.

Effective Tax Rate Impact

Because normal deductions are disallowed, cannabis businesses often face effective federal tax rates far higher than comparable businesses in other industries. A business with a 10% net margin before taxes can end up with a negative after-tax result purely due to §280E.

Wyoming Context

Wyoming has no legal cannabis businesses, so §280E is not a live issue for in-state operators today. However, anyone considering a future cannabis business in Wyoming, or operating in a neighboring state and doing business near Wyoming, should understand that §280E applies regardless of state legality until Congress acts to reschedule or deschedule cannabis at the federal level. DEA rescheduling proceedings have been ongoing, but no final rule has been issued. Consult a tax attorney for current status.

What Changed Recently in Wyoming Cannabis Law?

The short answer: not much.

Legislative Inactivity

NORML's legislative tracking for Wyoming shows no enacted or vetoed cannabis legislation in 2019. That pattern has largely continued. Wyoming's legislature has not passed a medical cannabis bill, a decriminalization measure, or any adult-use framework. Bills have been introduced in various sessions, but none have advanced to the governor's desk in a form that would change the legal landscape.

Governor Gordon's Position

Governor Mark Gordon, who took office in January 2019, has been consistent in his opposition to cannabis legalization. He has expressed skepticism about medical cannabis and opposition to adult-use legalization, according to NORML's state tracking. His office has not issued statements indicating a shift in that position. In a state where the governor's political alignment matches the dominant legislative majority, executive opposition is a significant barrier to reform.

Failed Legislative Attempts

Advocacy groups have introduced bills in the Wyoming Legislature related to medical cannabis and, in some sessions, hemp expansion. These efforts have not produced enacted law on the marijuana side. For current status on specific bill numbers from recent sessions (2022 through 2024), consult the Wyoming Legislature's official bill tracking system at wyoleg.gov, as session activity post-dates the source material available here.

The Path Forward: Legislative Efforts and Public Opinion

Political Climate

Wyoming is one of the most politically conservative states. The legislature is dominated by Republicans, the governor is Republican, and the state has shown little appetite for cannabis reform at the institutional level. This does not mean public opinion is uniformly opposed, but it does mean the legislative pathway is narrow.

Public Opinion

Specific Wyoming-focused polling on cannabis legalization is limited. National polling consistently shows majority support for medical cannabis legalization across most demographic groups, including in conservative states. Whether that translates to Wyoming-specific majority support is unclear without reliable state-level data. Consult organizations like the Wyoming Survey and Analysis Center (WYSAC) at the University of Wyoming for any state-specific polling that may have been conducted.

Advocacy Efforts

Organizations including NORML's Wyoming chapter and other advocacy groups have pushed for reform through the legislative process. These efforts have included lobbying, public education campaigns, and bill sponsorship. None have succeeded in producing enacted law on medical or recreational cannabis.

Ballot Initiative Pathway

Wyoming allows citizen-initiated ballot measures, but the process is demanding. Proponents must gather signatures equal to 15% of voters who cast ballots in the most recent general election, collected from at least two-thirds of Wyoming's counties. This is a high bar in a low-population state with significant geographic spread. No cannabis ballot initiative has successfully reached voters in Wyoming.

Federal Changes as a Wildcard

Federal rescheduling or descheduling of cannabis would not automatically legalize it in Wyoming, but it would remove federal criminal penalties and could shift the political conversation. If cannabis is moved to Schedule III or removed from scheduling entirely, states like Wyoming would face renewed pressure from constituents and businesses. That scenario remains speculative until DEA rulemaking is finalized.

Federal Tax Considerations

Cannabis businesses in Wyoming face unique federal tax challenges due to the classification of cannabis as a Schedule I controlled substance. Under IRC § 280E, businesses engaged in trafficking Schedule I or II substances cannot deduct ordinary business expenses, limiting their tax deductions significantly.

• IRC § 280E: Prohibits cannabis businesses from deducting ordinary and necessary business expenses, allowing only the deduction of Cost of Goods Sold (COGS).
• Cost of Goods Sold: Businesses must carefully allocate costs to COGS to maximize allowable deductions; this includes direct costs related to the production of cannabis.
• Federal Banking Issues: Due to the federal status of cannabis, many banks are hesitant to work with cannabis businesses, leading to cash-heavy operations.
• SAFE Banking Act: Although it has passed the House multiple times, it remains stalled in the Senate, leaving cannabis operators with limited banking options.
• Consultation Recommended: Given the complexities of federal tax law and its application to cannabis, it's crucial to consult a CPA or tax attorney with expertise in this area.

This is not tax advice — consult a CPA familiar with Cannabis for your specific situation.

Frequently Asked Questions

Why is cannabis illegal in Wyoming?

Wyoming has historically maintained strict cannabis laws, viewing all forms of cannabis as illegal without any legal framework for medical or recreational use. This stance reflects the state's conservative approach to drug policy.

What federal law applies to cannabis in Wyoming?

Under federal law, cannabis is classified as a Schedule I controlled substance, which means it is illegal regardless of state laws. However, hemp-derived CBD products with less than 0.3% THC are legal under the 2018 Farm Bill.

Are there any active legislative proposals for cannabis legalization in Wyoming?

As of now, there are no active legislative proposals for legalizing cannabis for medical or recreational use in Wyoming. The state has not shown significant movement towards changing its cannabis laws.

What do residents do given the absence of cannabis laws in Wyoming?

Residents of Wyoming who wish to use cannabis often travel to neighboring states where it is legal, or they may resort to illegal means, which carries significant legal risks due to the state's strict penalties.

How do Wyoming's cannabis laws compare to neighboring states?

Wyoming is one of the strictest states regarding cannabis, with no legal medical or recreational programs, while neighboring states like Colorado and Montana have legalized both medical and recreational cannabis, creating a stark contrast in cannabis policy.

Next Steps: Who to Contact for Legal Guidance

Get a Wyoming Attorney

If you are facing a cannabis charge in Wyoming, or if you are trying to understand your legal exposure before traveling through the state, talk to a licensed Wyoming attorney. This page is not legal advice. The penalties described here are based on statutory language, but how charges are filed, plea deals are structured, and sentences are handed down depends on facts specific to your situation.

Wyoming State Bar Referral Service

The Wyoming State Bar operates a lawyer referral service. You can reach them at:

Wyoming State Bar 4124 Laramie Street Cheyenne, WY 82001 Phone: (307) 632-9061 Website: wyomingbar.org

Ask specifically for attorneys with criminal defense experience, and confirm they handle drug offense cases.

Local Ordinances

While Wyoming's state law sets the floor for cannabis prohibition, local jurisdictions can have their own enforcement priorities and, in some cases, additional ordinances. Check with the city or county attorney's office in the jurisdiction where you have questions.

Traveling Through Wyoming

If you are driving through Wyoming from a state where cannabis is legal, do not bring cannabis with you. Wyoming law enforcement does not recognize out-of-state legal purchases, medical cards, or recreational licenses. Cannabis in your vehicle is a criminal offense. The same applies to cannabis products, including edibles and vape cartridges, regardless of where they were purchased.

If you have questions about a specific situation, consult a Wyoming attorney before you travel, not after you are stopped.