Wyoming Cultivation & Distribution — Wyo. Stat. § 35-7-1031(a) / § 35-7-1040

Last verified: May 2026

Cultivation as Manufacture — § 35-7-1031(a)

Wyo. Stat. Ann. § 35-7-1031(a) makes manufacture of a controlled substance a felony of up to 10 years and $10,000. "Manufacture" includes cultivation, harvesting, processing, packaging, and labeling. A single homegrown cannabis plant qualifies as manufacture. There is no medical-or-recreational-program exception (Hemp Extract Act 2015 affirmative defense applies only to CBD oil, not to any cultivation).

Older interpretations rooted in § 35-7-1002 classified small-scale cultivation as a misdemeanor; modern Wyoming practice treats any cultivation as felony exposure under the manufacture clause. ⚠️ Treat any home grow as a felony risk.

Distribution Penalties

Distribution penalties scale based on quantity, recipient age, and proximity:

• § 35-7-1031(a) sale of any quantity: Felony 10 years / $10,000.
• § 35-7-1040 sale to a minor 3+ years junior: Felony 20 years / $10,000.
• § 35-7-1057 paraphernalia delivery to minor: Felony 5 years / $2,500.
• 500-ft school-zone enhancement: +$500 fine.

The 500-Foot School-Zone Enhancement

Wyoming’s school-zone enhancement adds a $500 fine for offenses within 500 feet of a school. The enhancement is modest by national comparison (Alabama’s 5-year mandatory minimum, California’s 9-year enhancement) but can stack with the underlying felony for cultivation-and-distribution charges.

The Felony-Cliff Stack with Recidivism

Wyo. Stat. Ann. § 35-7-1031(c)(i) makes any third or subsequent simple-possession conviction automatically a felony (5 years / $5,000) regardless of quantity. Combined with the manufacture-clause framework for cultivation, the overall framework produces felony exposure across multiple pathways:

• Possession of concentrate >0.3 g (felony at any amount).
• Manufacture/cultivation (felony at any amount).
• Third-offense simple possession of any amount (felony).
• Distribution to minor 3+ years junior (felony 20 years).

Civil Asset Forfeiture — § 35-7-1049

Cannabis-related civil asset forfeiture is governed by Wyo. Stat. Ann. § 35-7-1049. After Wyoming’s 2016 reform — passed unanimously following Gov. Matt Mead’s 2015 veto of SF 14 — law enforcement must obtain a probable-cause finding within 30 days of seizure. The Wyoming Division of Criminal Investigation (DCI) administers the asset fund. Property forfeited may include vehicles, currency, and any "thing of pecuniary value furnished in exchange for a controlled substance."

The Federal Layer

Federal cultivation and distribution charges under 21 U.S.C. § 841 carry their own mandatory minimums: 5 years at 100 plants / 100 kg; 10 years at 1,000 plants / 1,000 kg. The U.S. Attorney for the District of Wyoming prosecutes federal cannabis cases on federal lands and in larger interstate trafficking matters. The DEA Denver Field Division covers Wyoming.

Practical Notes

• Any home grow is felony exposure under the manufacture clause.
• Distribution to minor produces 20-year felony exposure.
• Third-offense simple possession is automatic felony regardless of quantity.
• 500-ft school-zone enhancement adds $500.
• Civil asset forfeiture is real — vehicle and cash seizures common at WHP I-25 / I-80 stops.

Related on this site: The Wyoming 0.3-Gram Concentrate Felo..., Wyoming Cannabis DUI, Wyoming "Internal Possession" Doctrine.