No. Marijuana is illegal in Wyoming for both recreational and medical use: the state has no dispensaries, no medical marijuana program and no decriminalization law, and possessing any amount is a crime. Up to 3 ounces of plant-form marijuana is a misdemeanor carrying up to 12 months in jail and a $1,000 fine, more than 3 ounces is a felony, and that is the law as of October 2026.
This guide is for residents and visitors driving in from Colorado, Montana or Utah. It covers penalties, the statutes behind them, and hemp, CBD and delta-8. It is general information, not legal advice.
Wyoming Cannabis Laws at a Glance
| Topic | The rule in Wyoming | Source |
|---|---|---|
| Legal status | Illegal for recreational and medical use; marijuana stays in Schedule I under state law | W.S. 35-7-1014 |
| Possession, up to 3 oz (plant form) | Misdemeanor: up to 12 months in jail, $1,000 fine, or both | W.S. 35-7-1031(c)(i) |
| Possession, more than 3 oz | Felony: up to 5 years in prison, $10,000 fine, or both | W.S. 35-7-1031(c)(iii) |
| Using or being under the influence | Misdemeanor: up to 6 months in jail, $750 fine, or both | W.S. 35-7-1039 |
| Home grow | Illegal: up to 6 months in jail, $1,000 fine, or both | W.S. 35-7-1040 |
| Where to buy | Nowhere legally; Wyoming has no dispensaries | Wyoming Attorney General, 2026 |
| Medical program | None; doctors may not prescribe marijuana, only FDA-approved drugs | W.S. 35-7-1031(c) |
| Driving | DUI if a controlled substance makes you incapable of safely driving; no THC blood limit | W.S. 31-5-233 |
| Hemp and CBD | Legal if 0.3% THC or less and no synthetic substances; delta-8 THC is Schedule I | W.S. 11-51-101, 35-7-1063 |
Is Marijuana Legal in Wyoming?
No. Wyoming lists tetrahydrocannabinols, whether naturally occurring or synthetic, in Schedule I of the Wyoming Controlled Substances Act of 1971 under W.S. 35-7-1014(d)(xxi). The Legislature has never passed a medical marijuana program, a decriminalization bill or an adult-use law, and voters have never approved a cannabis ballot measure.
That did not change when the federal government acted in 2026. In April 2026 the Justice Department moved marijuana held under a state medical marijuana license, and FDA-approved marijuana products, to Schedule III. Wyoming law normally follows federal scheduling unless the state’s Commissioner of Drugs and Substances Control, who is the attorney general, objects. The commissioner filed that objection in late May, and in a final decision announced on July 7, 2026, the state kept all marijuana in Schedule I, KOTA reported. Adult-use marijuana also remains in Schedule I under federal law; see our federal marijuana law guide.
Marijuana Possession Penalties in Wyoming
Possession penalties are set by W.S. 35-7-1031(c), which grades the offense by the form and weight of the substance:
- Plant form, 3 ounces or less: misdemeanor, up to 12 months in jail, a fine up to $1,000, or both.
- Plant form, more than 3 ounces: felony, up to 5 years in prison, a fine up to $10,000, or both.
- Liquid form: the misdemeanor tier covers no more than 0.3 gram. Above that, the felony tier applies.
- Powder, crystalline, pill or capsule form: the misdemeanor tier covers no more than 3 grams.
- Third or later misdemeanor conviction: up to 5 years and a $5,000 fine, and convictions from other states count.
Vape oil, tinctures and concentrates are not measured against the 3-ounce plant limit, so a small amount can reach the felony tier.
Being under the influence is a separate crime. Under W.S. 35-7-1039, knowingly using or being under the influence of a Schedule I substance is a misdemeanor punishable by up to 6 months in county jail, a $750 fine, or both.
First-time offenders may qualify for deferral. Under W.S. 35-7-1037, a court may place a person with no prior drug conviction on probation without entering a judgment of guilt. On completion the case is dismissed without a conviction, once per person.
Can You Grow Marijuana in Wyoming?
No. Planting, cultivating, harvesting, drying or processing marijuana is a misdemeanor under W.S. 35-7-1040, punishable by up to 6 months in county jail, a $1,000 fine, or both.
Medical Marijuana in Wyoming
Wyoming has no medical marijuana program and does not honor out-of-state medical cards. State law bars practitioners from prescribing or dispensing marijuana or THC, and makes any such prescription invalid, except for drugs with final FDA approval, under W.S. 35-7-1031(c).
Per the attorney general’s 2026 decision, dronabinol is Schedule III in Wyoming, Cesamet is Schedule II, and Epidiolex has not been controlled since 2020.
Hemp, CBD, Delta-8 and THCA in Wyoming
Hemp and hemp products are legal to possess and use, but Wyoming defines hemp more strictly than federal law did before 2025. Senate File 32 (2024), effective July 1, 2024, changed the definition in W.S. 11-51-101 and 35-7-1063 so that legal hemp must contain no “synthetic substance” and no more than 0.3% THC on a dry weight basis measured post-decarboxylation.
- CBD: legal if the product meets that hemp definition.
- Delta-8 THC: listed by name in Schedule I since SF 32, whether natural or synthetic. Possession is treated like other Schedule I possession.
- THCA flower: because THC is measured after decarboxylation, most high-THCA flower tests above 0.3% and is treated as marijuana.
Hemp retailers challenged SF 32 in federal court. A federal judge dismissed the case in August 2024, and on October 27, 2025, the U.S. Court of Appeals for the Tenth Circuit affirmed, holding that the 2018 Farm Bill does not stop Wyoming from regulating hemp more strictly, NORML reported.
Federal law is tightening too. H.R. 5371, signed November 12, 2025, moves federal hemp to a total-THC standard, caps finished products at 0.4 mg total THC per container and excludes synthesized cannabinoids. The restrictions take effect November 12, 2026 for cannabinoids the plant cannot naturally produce, such as THC-O, and, after a delay in H.R. 6500, December 11, 2026 for everything else, including delta-8.
Driving After Using Cannabis in Wyoming
Wyoming has no THC blood limit. Under W.S. 31-5-233(b)(iii), it is DUI to drive or be in actual physical control of a vehicle while under the influence of a controlled substance “to a degree which renders him incapable of safely driving.” A first conviction is a misdemeanor with up to 6 months in jail, a $750 fine, or both, plus a required substance use disorder assessment.
Bringing Cannabis Into Wyoming
Cannabis bought legally in Colorado, Montana or any other state is illegal once it enters Wyoming, and carrying it across a state line is also a federal offense. Yellowstone, Grand Teton and other federal land fall under federal law, where adult-use marijuana is illegal.
What Changed in Wyoming Cannabis Law Recently
- 2026: Wyoming kept all marijuana in Schedule I after objecting to the April 2026 federal order.
- 2025: The Tenth Circuit upheld the SF 32 delta-8 ban on October 27, 2025.
- 2024: SF 32 took effect July 1, 2024.
As of October 2026, no bill to legalize, decriminalize or allow medical marijuana has become law in Wyoming.
From the editor, James Buddsey: I get this question every summer from people driving to Yellowstone through Colorado or Montana. Wyoming makes no exception for legal purchases made next door, and its limits for vape oil and concentrates are tiny. If you buy in a legal state, leave it there.
Wyoming Marijuana Laws FAQ
Is weed legal in Wyoming?
No. Marijuana is illegal in Wyoming for both recreational and medical use. It is a Schedule I substance under W.S. 35-7-1014, and the state kept it there in July 2026 despite the federal change for state-licensed medical marijuana.
What is the penalty for marijuana possession in Wyoming?
Possession of 3 ounces or less of plant-form marijuana is a misdemeanor with up to 12 months in jail and a $1,000 fine. More than 3 ounces is a felony with up to 5 years and a $10,000 fine, under W.S. 35-7-1031(c).
Does Wyoming have medical marijuana?
No. Wyoming has no medical program and does not accept out-of-state medical cards. Only FDA-approved drugs such as dronabinol and Epidiolex are available.
Is delta-8 legal in Wyoming?
No. Senate File 32 added delta-8 THC to Schedule I effective July 1, 2024, and a federal appeals court upheld the law in October 2025. Compliant hemp CBD remains legal.
Can you grow marijuana in Wyoming?
No. Cultivation is a misdemeanor under W.S. 35-7-1040, with up to 6 months in jail and a $1,000 fine.
Can I bring weed from Colorado into Wyoming?
No. Cannabis bought legally in Colorado is illegal to possess in Wyoming, and crossing a state line with it also violates federal law.
More State and Federal Cannabis Law Guides
Compare Wyoming with its neighbors in our guides to Colorado, Montana, Idaho, Utah, South Dakota and Nebraska, or browse every state cannabis law guide. For rescheduling and the hemp redefinition, see our federal marijuana law guide.
Neighboring state guides: Montana · South Dakota · Nebraska · Colorado · Utah · Idaho · All state cannabis laws
General information about Wyoming cannabis law as of October 2026, not legal advice.