Is Weed Legal in Wyoming? Full 2026 Breakdown, Including the Rule Most Guides Miss

No. Wyoming has no legal cannabis market of any kind — recreational or medical — and it’s one of the strictest states in the country on the subject. But the part most “is weed legal” roundups skip is what happened to hemp and Delta-8 in 2024, and a newer federal law stacking on top of it that’s about to matter everywhere, not just Wyoming.

Quick Facts

Recreational Marijuana	Illegal
Medical Marijuana	No program exists
CBD Exception	Yes — extremely narrow: only for intractable epilepsy, requires a state-issued ID card
Decriminalization	None, at state or local level
Governing Statute	Wyo. Stat. § 35-7-1031 (marijuana), § 35-7-1058 (CBD exemption)
Possession, 3 oz or less	Misdemeanor — up to 12 months jail, up to $1,000 fine
Possession, over 3 oz	Felony — up to 5 years, up to $10,000 fine
Hemp-Derived Delta-8 / THCA	Banned since July 2024; ban upheld by the 10th Circuit Court of Appeals, October 2025
Being “Under the Influence”	A separate criminal offense — chargeable even with no cannabis found on you
Federal Marijuana Rescheduling	Wyoming has formally opted out (July 2026)
Last Updated	September 15, 2026

The Basic Legal Status

Marijuana is a Schedule I controlled substance under Wyoming law, and the state has never passed a medical marijuana program, a decriminalization law, or a legalization measure. Possession, cultivation, distribution, and sale are all criminal offenses regardless of purpose — Wyoming doesn’t distinguish “medical” use the way most other states do.

Possession Penalties, in Detail

Under Wyo. Stat. § 35-7-1031, possessing three ounces or less of marijuana is a misdemeanor, punishable by up to 12 months in jail and a fine of up to $1,000. Cross that three-ounce line, and the charge jumps straight to a felony — up to 5 years in prison and a $10,000 fine, with no intermediate tier. Cultivation of any amount is also a felony. Any cannabis concentrate over 0.3 grams is charged as a felony as well, a much lower threshold than the flower limit.

There’s no decriminalization anywhere in the state. Cheyenne’s city council voted 6-3 against a local decriminalization measure in 2023, and no other municipality has revisited the question since.

The CBD Exception — and How Narrow It Actually Is

Wyoming does have one carve-out, and it’s easy to misread as broader than it is. Wyo. Stat. § 35-7-1058 allows patients with intractable epilepsy to legally use marijuana-derived CBD oil — but only with a state-issued ID card, and the law doesn’t create any legal way to actually obtain that oil inside Wyoming. Patients still have to source it from out of state, which creates its own tension with federal law. This exception does not cover any other condition, and it does not function like a medical marijuana program in any other state.

Hemp, Delta-8, and THCA: Wyoming’s Extra Layer That Most Guides Skip

This is the part of Wyoming’s cannabis law that changed most recently, and it’s where a lot of confusion comes from — because until 2024, Wyoming had a genuine gray-market loophole that a lot of people assumed still existed.

Since 2018, federal law allowed hemp products with 0.3% THC or less by dry weight, and Wyoming adopted that same standard. That opened the door to a thriving industry selling Delta-8 THC and THCA flower — products derived from legal hemp but capable of producing an intoxicating effect close to marijuana itself.

In March 2024, Governor Mark Gordon signed Senate File 32, closing that loophole. The law banned any hemp product testing above 0.3% THC using post-decarboxylation testing (a method that catches THCA-heavy products the old testing missed), and separately banned adding synthetic substances like Delta-8 into hemp products altogether. It took effect July 1, 2024.

Hemp retailers sued immediately, arguing the ban violated the Constitution and was preempted by the federal Farm Bill. They lost. A federal judge rejected their request to block the law in July 2024 and dismissed the case entirely the following month. They appealed to the 10th Circuit Court of Appeals — and lost there too, in a ruling issued October 27, 2025, that rejected all of their constitutional and preemption arguments. The ban stands.

What this means practically: 

Delta-8, THCA flower, and any other hemp product testing above 0.3% THC are illegal to sell in Wyoming, full stop — this isn’t a legal gray area the way it might be in some neighboring states. Ordinary hemp-derived CBD without meaningful THC content remains legal.

The part that’s about to matter beyond Wyoming too:

 In November 2025, Congress inserted a similar restriction into federal law as part of the bill that ended that year’s government shutdown — banning any hemp product nationally that carries more than 0.4 milligrams of THC in the final container sold to a consumer. That’s a federal law, not a Wyoming-specific one, and it’s set to take effect roughly a year after passage — meaning around November 2026. Once it does, the gray-market hemp beverages and edibles that some other states still allow will face the same kind of restriction Wyoming already put in place two years earlier.

Wyoming’s Unusual Rule: Being High Is Its Own Crime

This trips up more people than the possession law itself. Wyoming is one of a small handful of states that separately criminalizes simply being under the influence of marijuana — as its own offense, distinct from possession and distinct from driving under the influence. That means it’s legally possible to be charged even if no cannabis is found on you at all, if an officer establishes that you’re impaired. This is uncommon nationally and catches out-of-state visitors more than any other part of Wyoming’s cannabis law.

Crossing the Border With Legal Cannabis From Colorado or Montana

Wyoming sits between two legal-marijuana states. That doesn’t extend any protection once you cross the state line — Wyoming law applies the moment you enter the state, regardless of where the cannabis was purchased or how legally. Law enforcement along I-25 and I-80 is well aware that travelers sometimes carry cannabis from neighboring states, and possession charges apply exactly as they would to cannabis purchased inside Wyoming.

Federal Marijuana Rescheduling Doesn’t Change Anything Here

There’s a separate federal process underway to reclassify marijuana from Schedule I to Schedule III, which would ease some federal restrictions, particularly around medical use. In July 2026, Wyoming Attorney General Keith Kautz stated that the federal rescheduling decision doesn’t apply in Wyoming — the state is not participating in and is opting out of that federal reclassification for its own purposes, arguing state cannabis policy remains a decision for the Wyoming Legislature regardless of what the federal government does. Practically, this means rescheduling news at the federal level shouldn’t be read as changing anything about legal status inside Wyoming.

Has Wyoming Come Close to Legalizing or Decriminalizing?

Not for lack of attempts, but nothing has succeeded:

• 2021: A legislative bill to legalize both recreational and medical marijuana died after missing a procedural deadline in the House.
• 2022: Two citizen ballot initiatives — one for medical legalization, one for decriminalization — were launched by the Libertarian Party of Wyoming but failed to gather the roughly 41,776 signatures required for each to reach the ballot.
• 2023–2024: A campaign to qualify a medical cannabis legalization initiative for the 2024 ballot failed, which advocates attributed partly to inconsistent guidance from state election officials.
• 2024: A legislative bill (HB 204) to decriminalize possession of up to three ounces as a civil offense, punishable only by a fine, was introduced during the budget session but did not pass — budget-session rules require a two-thirds majority for non-budget bills, a high bar the measure didn’t clear.
• 2025–2026 legislative sessions: No cannabis reform legislation has advanced.

Frequently Asked Questions

Is marijuana legal for medical use in Wyoming with an out-of-state medical card?

 No. Wyoming has no medical marijuana program of any kind, and doesn’t recognize other states’ medical marijuana cards.

Is Delta-8 THC legal in Wyoming?

 No. Wyoming banned Delta-8 and similar hemp-derived intoxicating cannabinoids in 2024, and that ban was upheld by the 10th Circuit Court of Appeals in October 2025.

Can I be charged with a crime in Wyoming just for being high, even without having any marijuana on me?

 Yes. Wyoming separately criminalizes being under the influence of marijuana as its own offense, independent of possession.

If I bought legal marijuana in Colorado, is it legal to have it in Wyoming?

 No. Wyoming law applies the moment you cross the state line, regardless of where or how legally the cannabis was purchased.

Does federal marijuana rescheduling make weed legal in Wyoming?

 No. Wyoming’s attorney general has stated the state is opting out of federal rescheduling, and state law remains unchanged regardless of federal reclassification.

Is CBD legal in Wyoming? 

Ordinary hemp-derived CBD with minimal THC is legal. A narrower medical exemption exists only for patients with intractable epilepsy who hold a state-issued ID card — this is not a general medical marijuana program.

Are there any Wyoming cities where marijuana possession has been decriminalized?

 No. Cheyenne’s city council rejected a local decriminalization proposal in 2023, and no other municipality has passed one since.

What’s the difference between the misdemeanor and felony possession thresholds?

 Three ounces or less of marijuana is a misdemeanor (up to 12 months jail, $1,000 fine). Anything over three ounces is a felony (up to 5 years, $10,000 fine) — there’s no intermediate charge between the two.

Sources

• Wyo. Stat. § 35-7-1031 (marijuana possession and penalties)
• Wyo. Stat. § 35-7-1058 (CBD exemption for intractable epilepsy)
• Wyoming Senate File 32 (2024) — hemp-derived THC restrictions
• 10th Circuit Court of Appeals — Green Room v. Wyoming, ruling issued October 27, 2025
• MJBizDaily — reporting on Wyoming’s federal marijuana rescheduling opt-out, July 2026
• Green River Star / WyoFile — reporting on the federal hemp-THC restriction passed November 2025
• Marijuana Policy Project — Wyoming state law summary

This article is for informational purposes only and does not constitute legal advice. Cannabis laws, especially around hemp-derived products, are actively changing at both the state and federal level. For advice about a specific situation, consult a qualified attorney licensed in Wyoming.

Last Updated: September 15, 2026