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Wyoming Marijuana Laws

Key Takeaways

Wyoming marijuana laws make all forms of cannabis illegal. This includes recreational use, medical use, any cultivation or sales, and possession or sale of related paraphernalia. Marijuana remains a Schedule I substance under state law. 

Marijuana legalization continues to rise among American states, but Wyoming remains steadfast in keeping all forms of cannabis illegal. This is despite the desire of Wyoming residents to have control over cannabis laws.

As opposed to being in step with improving attitudes about marijuana use in America, the state of Wyoming is moving in the opposite direction. Lawmakers in Cheyenne passed Senate File 0032 (SF0032) in 2024, targeting federally legal Delta-8 products.

Read on to get a better understanding of what you need to know about the strict marijuana laws in Wyoming.

Wyoming Marijuana Laws: How They Work

Marijuana laws in Wyoming are somewhat easy to grasp. All use of cannabis and cannabis products is against Wyoming law. Unlike neighboring Colorado, there are no provisions for medical marijuana use and no medical marijuana program in place. Recreational cannabis for personal use is also illegal, and there are no legal dispensaries to purchase marijuana at in Wyoming.

Both Wyoming and the federal government classify marijuana as a Schedule I drug. This means harsh penalties for any possession of cannabis. While it appeared that would be reclassification in the federal Controlled Substances Act (CSA) under the Biden administration, no changes were made. Federal rescheduling alone would not legalize marijuana under Wyoming law.

Penalties for possession of marijuana in Wyoming are severe. A first or second offense for possessing up to 3 ounces/85.05 grams carries up to one year in jail and a fine of up to $1,000. Subsequent violations increase the penalties, and possessing over 3 ounces/85.05 grams is a felony. Just being under the influence of cannabis can earn you up to 180 days in jail and a fine of up to $750.

Any sale of marijuana or marijuana products in Wyoming can earn you up to a decade in prison and fines of up to $10,000. The involvement of a minor or being close to a school can double penalties. Marijuana paraphernalia is also illegal to possess, with up to 180 days in jail and a fine of up to $750 for violators.

Wyoming is not any more permissive when it comes to marijuana plant cultivation. All cultivation is illegal. Growing even a single plant can find you guilty of a low misdemeanor and facing 180 days in jail and a fine of up to $1,000.

Wyoming Marijuana Laws: Diversion, Legal Use, and Attempts to Legalize Cannabis

The sole legal use of cannabis in Wyoming is the medical use of CBD (cannabinol) oil for certain epilepsy patients. These hemp extracts must have less than 0.3% THC (tetrahydrocannabinol), which is the ingredient that produces the high that relieves pain. The ban on Delta-8 products is likely to have an adverse effect on CBD retailers in the state.

Offenders arrested for the first time for possession of small amounts of marijuana (under 3 ounces/85.05 grams) may be eligible for a pre-trial diversion program. The judge refrains from entering a verdict while the defendant enters probation, which may include rehabilitation, drug tests, and not being arrested again during the duration. If successful, the charge is dismissed and no conviction is recorded. This is a one-time-only deal.

In 2024, House Bill 204 (HB 204) was received in the House. Sponsored by Democratic Rep. Provenza, this bipartisan bill called for the decriminalization of marijuana possession and marijuana paraphernalia, amending related marijuana penalties, and allowing physicians to prescribe medical marijuana for qualified patients. It never made it to the Senate as the Republican-led House killed HB 204 within two days.

Wyoming Marijuana Law Penalties

Operating a motor vehicle under the influence of cannabis is subject to the same consequences as an alcohol-caused DUI. By driving on a Wyoming street, you’ve given implied consent to be tested for drug or alcohol use.

The table below recaps what you’ve learned above and contains a detailed summary of the criminal penalties for Wyoming marijuana law offenses.

Relevant Wyoming Marijuana Code Sections

Wyoming Statutes Title 35: Public Health and Safety

Is Marijuana Legal in Wyoming?

No. All possession or use of marijuana in Wyoming is illegal.

Wyoming Marijuana Possession Penalties

All possession of marijuana is illegal in Wyoming. First-time offenders possessing less than 3 ounces of marijuana/85.05 grams of marijuana may be eligible for a diversion program.

Marijuana Possession Penalties:
  • Under the influence of cannabis (low misdemeanor): Up to 180 days in jail and a fine of up to $750
  • Up to 3 ounces/85.05 grams – first or second offense (misdemeanor): Up to one year in jail and a fine of up to $1,000
  • Up to 3 ounces/85.05 grams – third or subsequent offense (misdemeanor): Up to five years in jail and a fine of up to $5,000
  • Over 3 ounces/85.05 grams (felony): Up to five years in prison and a fine of up to $10,000
Subsequent offenses carry enhanced penalties. Any possession charge within 500 feet of a school carries an additional $500 fine.

Wyoming Marijuana Sales Penalties

All sales of cannabis in Wyoming are illegal.

Marijuana Sales Penalties:
  • Sale of any amount of marijuana (felony): Up to 10 years in prison and a fine of up to $10,000
  • Subsequent offenses, sales to a minor, or sales in a drug-free zone: Double penalties

Wyoming Marijuana Cultivation Penalties

All cultivation of marijuana plants in Wyoming is illegal.

Marijuana Cultivation Penalties:

Cultivating any number of marijuana plants (low misdemeanor): Up to 180 days in jail and a fine of up to $1,000

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a Wyoming criminal defense attorney or conduct independent legal research to verify Oregon state laws.

Wyoming Marijuana Laws: Related Resources

Facing Marijuana Charges in Wyoming? Speak to an Attorney

Marijuana legalization has not arrived in Wyoming yet. The state has some of the strictest marijuana laws in the nation, with the possibility of jail time for the possession of any amount of marijuana. If you or someone you know is facing a marijuana charge, contact a Wyoming defense attorney with experience handling drug cases. They can offer legal advice, help you determine your options, and represent you in court if necessary.

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