The Wyoming 0.3-Gram Concentrate Felony Cliff — Wyo. Stat. § 35-7-1031

Last verified: May 2026

The Schedule

Why 0.3 Grams Is the Most Consequential Line in Wyoming Drug Law

The 0.3-gram threshold is unusually low. By contrast:

• Colorado: up to 8 grams of concentrate is legal for adults 21+.
• Montana: up to 8 grams of concentrate legal for adults.
• South Dakota: any concentrate is a Class 4 felony (1-year mandatory minimum first conviction) under SDCL § 22-42-2 — comparably harsh, but with no quantity-floor distinction.
• Idaho: similarly strict, with felony exposure for any concentrate.
• Wyoming: 0.3 g hard line — a single low-end vape cartridge crosses it.

The Carrier-Weight Rule — § 35-7-1031(d)

The carrier-weight rule is the second consequential feature. Wyo. Stat. Ann. § 35-7-1031(d) provides: "the weights designated in this section shall include the weight of the controlled substance and the weight of any carrier element, cutting agent, diluting agent or any other substance excluding packaging material."

Practical implication: a 100-mg gummy weighing 4 grams in a 4-ounce package is charged based on the gummy weight, not the THC content. Edibles are the most frequently misunderstood category — gummies, brownies, cookies, and beverages all count by total weight rather than THC content. A small bag of edibles can exceed the 3-oz plant-material misdemeanor threshold and produce felony exposure even though the THC content is tiny.

What Crosses 0.3 Grams

Practical examples of items that cross the 0.3-gram threshold:

• A single vape cartridge: typically 0.5 g or 1 g.
• A single dab: 0.1–0.3 g typical, but accumulation crosses quickly.
• A small jar of wax / shatter / live resin: 0.5–1 g common retail size.
• A disposable vape pen: 0.5–1 g cartridge integrated.
• An oil syringe: 1 g common size.
• Diamonds (THCa): 1 g typical retail size.

Effectively any concentrate retail product crosses the 0.3-gram threshold, meaning any concentrate purchase from a Colorado or Montana dispensary, transported into Wyoming, produces felony exposure.

The Edibles Trap

Edibles are the most commonly underestimated category. A 100-mg gummy package weighing 4 grams produces:

• Charged at 4 grams of gummy weight under the carrier-weight rule.
• If labeled as "concentrate" rather than plant material, the 0.3-gram concentrate cliff applies.
• If the gummy contains both flower-derived and concentrate-derived cannabinoids, the higher-tier concentrate-felony charge typically applies.

Defense counsel has flagged this confusion as a routine source of unexpected felony exposure for Wyoming residents returning from Colorado dispensaries.

The Felony Cliff in Practice

Under Wyo. Stat. Ann. § 35-7-1031:

• Concentrate ≤0.3 g: Misdemeanor (12 months / $1,000).
• Concentrate >0.3 g: Felony (5 years / $10,000).
• Third or subsequent possession: Felony (5 years / $5,000) regardless of quantity.
• Manufacture / delivery (any amount): Felony (10 years / $10,000) under § 35-7-1031(a).

Practical Notes

• 0.3 g is the most consequential line. Treat all concentrates as felony exposure if transported into Wyoming.
• Carrier weight applies. Edibles count by total package weight, not THC content.
• Third-offense possession is felony regardless of quantity — even a third misdemeanor-amount possession converts to felony.
• Manufacture / delivery is felony at any amount — cultivation is treated as manufacture.
• The 500-foot school-zone enhancement adds $500 fine.
• If you are crossing from Colorado or Montana, leave concentrates behind. Plant material under 3 oz is a misdemeanor; concentrate over 0.3 g is a felony 5 years and $10,000.

Related on this site: Wyoming Cultivation & Distribution, Wyoming Cannabis DUI, Wyoming "Internal Possession" Doctrine.