Last verified: May 2026
Key Facts at a Glance
| Metric | Value (May 2026) |
|---|---|
| Recreational status | Fully illegal under Wyo. Stat. Ann. § 35-7-1031 |
| Medical program | None — only Hemp Extract Act 2015 narrow CBD-only carve-out for intractable epilepsy |
| Concentrate felony cliff | 0.3 g (Class I felony 5 yrs / $10K above) |
| Possession plant material | ≤3 oz misdemeanor; >3 oz felony 5 yrs / $10K |
| 3rd+ possession | Automatic felony regardless of quantity |
| "Internal possession" doctrine | Active — metabolites in blood/urine can support possession charge |
| DUI threshold | No per se THC limit — impairment-based under § 31-5-233(b)(iii)(B) |
| Hemp Extract Act 2015 cards | Very small (~9 active in 2018; 26 cumulative) |
| Six failed legislative sessions of reform | 2017, 2019, 2021, 2023, 2024, 2025; HB 166 (2026) also failed |
| 2024 ballot petition | Cleared raw signatures (48,687 medical / 47,426 decrim) but failed 16-of-23-counties geographic distribution test |
| 2026 ballot — cannabis | None certified as of May 2026 deadline |
| Hemp-intoxicant ban | SF 32 (signed Mar 7 2024, effective July 1 2024); upheld by 10th Circuit Oct 27 2025 in Green Room v. Wyoming |
| Federal hemp cliff | 0.4 mg THC per package effective late 2026 |
| WYSAC polling (Dec 2020) | 85% medical / 54% adult-use support |
| ACLU racial-arrest disparity | 5.2× Black-vs-white (2018 data) |
| Wind River tribal posture | N. Arapaho voted to decriminalize medical May 8, 2021; no operational dispensary as of May 2026 |
Sources: Wyo. Stat. Ann.; WYSAC December 2020 polling; Wyoming NORML; ACLU of Wyoming; Casper Star-Tribune; National Park Service. Wyoming is the least-populated U.S. state (~580K) and one of the strictest cannabis-prohibition states.
The Statutory Framework
- Wyo. Stat. Ann. § 35-7-1014 — Marijuana is Schedule I.
- § 35-7-1031 — Possession penalties (0.3g concentrate felony cliff; "internal possession" framework).
- § 35-7-1031(a) — Manufacture / delivery (10 years / $10,000 felony for any amount).
- § 35-7-1031(d) — Carrier-weight rule.
- § 35-7-1040 — Distribution to minor 3+ years junior (20 years / $10,000 felony).
- § 35-7-1049 — Civil asset forfeiture (post-2016 reform: 30-day probable-cause hearing).
- § 35-7-1056 — Paraphernalia (misdemeanor 6 months / $750).
- § 35-7-1057 — Paraphernalia delivery to minor (felony 5 years / $2,500).
- §§ 35-7-1901–1904 — Hemp Extract Act 2015 (HB 32; CBD-only intractable-epilepsy carve-out).
- § 31-5-233 — Cannabis DUI (impairment-based; no per se THC limit).
- § 31-6-102 — Implied consent.
Recreational Possession Penalties
| Offense | Class | Maximum |
|---|---|---|
| Marijuana plant material ≤3 oz | Misdemeanor | 12 months / $1,000 |
| Marijuana plant material >3 oz | Felony | 5 years / $10,000 |
| Concentrate ≤0.3 g | Misdemeanor | 12 months / $1,000 |
| Concentrate >0.3 g | Felony | 5 years / $10,000 |
| Third+ possession (any amount) | Felony | 5 years / $5,000 |
| Manufacture / delivery (any amount) — § 35-7-1031(a) | Felony | 10 years / $10,000 |
| Distribution to minor 3+ years junior — § 35-7-1040 | Felony | 20 years / $10,000 |
| Within 500 ft of school | Add'l fine | +$500 |
| Paraphernalia — § 35-7-1056 | Misdemeanor | 6 months / $750 |
| Paraphernalia delivery to minor — § 35-7-1057 | Felony | 5 years / $2,500 |
Source: Wyo. Stat. Ann. §§ 35-7-1031, 35-7-1040, 35-7-1056. The 0.3-gram concentrate felony cliff is among the harshest concentrate rules in the U.S. The carrier-weight rule under § 35-7-1031(d) provides that "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" — meaning a 100-mg gummy in a 4-oz package can be charged as 4 oz of marijuana product.
The Three Distinguishing Features of Wyoming Cannabis Law
- The 0.3-gram concentrate felony cliff. Among the harshest concentrate rules in the U.S. A single vape cartridge or one dab can be a felony. See concentrate felony cliff page.
- The "internal possession" doctrine. THC metabolites in blood/urine after lawful out-of-state consumption can support an independent possession charge under § 35-7-1031(c). See internal possession page.
- Impairment-only DUI with no per se THC limit. Cannabis DUI is impairment-based under § 31-5-233(b)(iii)(B). Out-of-state medical recommendation is not a defense. See DUI page.
Comparison with Border States (May 2026)
| Border state | Status (May 2026) | WY Cities Within ~150 mi | Practical Reality |
|---|---|---|---|
| Colorado (south) | Recreational since Jan 2014 | Cheyenne (~100 mi to Denver), Laramie, Torrington | Dominant cross-border market; I-25 corridor |
| Montana (north) | Recreational since Jan 2022 | Sheridan, Buffalo, Gillette, Cody | Northern WY drives north |
| South Dakota (northeast) | Medical only (2020) | Newcastle, Sundance | SD reciprocity not honored in WY |
| Idaho (west) | Full prohibition | Star Valley, Jackson | Both prohibition |
| Utah (south-southwest) | Medical pharmacy-only | Evanston, Bridger Valley | Limited utility |
| Nebraska (east) | No medical, no rec (medical voted 2024 / blocked) | Pine Bluffs | Both prohibition |
WHP I-25 (Cheyenne to CO border) and I-80 (Cheyenne to Evanston east-west) are the two most heavily-patrolled cannabis-interdiction routes. 12 K-9 units (10 narcotic, 2 explosives). 2016 Laramie County weekend deployment yielded 313 lbs marijuana / 25 felonies / 26 misdemeanors over 400 traffic stops. Federal felony exposure under 21 USC § 841 plus Wyoming state-law liability under § 35-7-1031 plus the "internal possession" doctrine create unusually layered cross-border risk.
The Hemp Extract Act 2015
The only statutory cannabis carve-out in Wyoming law is supervised medical use of "hemp extracts" for treatment-resistant epilepsy, enacted as HB 32 (2015) and codified at Wyo. Stat. §§ 35-7-1901–1904 (Article 19 of Title 35, Chapter 7). Eligible patients: Wyoming residents diagnosed with intractable epilepsy by a licensed neurologist. Permitted product: hemp extract with less than 0.3% THC and at least 5% CBD. No in-state cultivator or dispensary licensing exists. Patient population very small (~9 active 2018; 26 cumulative cards). Largely vestigial post-2018 federal Farm Bill. See Hemp Extract Act page.
Why Six Reform Sessions Have Failed
| Year | Bill | Description | Outcome |
|---|---|---|---|
| 2017 | HB 197 | Medical cannabis | Died |
| 2019 | HB 278 | Medical cannabis | Died |
| 2021 | HB 209 | Full legalization (Rep. Jared Olsen R-Cheyenne) | Cleared House Judiciary 6-3, died in House |
| 2021 | HB 143 | Medical (Rep. Marshall Burt L) | Not introduced |
| 2021 | HB 106 | Decrim (Rep. Mark Baker R) | Not introduced |
| 2022 | HB 143 | Wyoming Patient Cannabis Act | Failed introduction (budget-session 2/3) |
| 2023 | HB 144 | Medical cannabis | Died |
| 2024 | HB 204 | Decrim civil penalty (Rep. Provenza) | Failed 2/3 introduction |
| 2025 | HB 191 | Civil penalties (Provenza, Singh, Case, Rothfuss) | "Did not Consider for Introduction" Feb 3 2025 |
| 2026 | HB 166 | Schedule III rescheduling (bipartisan) | Did not advance past introduction |
Wyoming’s biennial budget sessions (even-year) require a 2/3 vote to introduce non-budget bills — the death trap for almost every reform bill in 2022, 2024, and 2026. General sessions (odd-year) require simple majority for introduction but still must clear committee — usually House Judiciary — where Senate President Bo Biteman + Speaker Chip Neiman + WY Freedom Caucus gatekeeping has been decisive.
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