Is marijuana legal in Wyoming?
Current legality status
Cannabis is illegal under state law.
Marijuana is not legal in Wyoming. Both medical and recreational use are prohibited. Low-THC/high-CBD oil is legal, though licenses are required for producers to process the industrial hemp necessary to distill it. Penalties for marijuana possession in Wyoming are steep.
Possession of 3 ounces or less of marijuana for personal use may result in misdemeanor conviction, a year in jail, and a fine of up to $1,000. Possession of more than 3 ounces may result in a felony conviction, up to five years in jail, and a fine of up to $10,000. Even possession of paraphernalia may result in a misdemeanor conviction, six months in jail, and a $750 fine.
Distribution of any amount of marijuana may result in a felony conviction, up to 10 years in jail, and a fine of $10,000.
Wyoming saw 2,421 marijuana arrests in 2016.
Wyoming recreational & medical marijuana legalization efforts
A number of ballot initiatives intended to establish a medical marijuana program have failed mainly due to the large number of signatures required. The Peggy A. Kelley Wyoming Cannabis Act of 2016 did not make it to the ballot in 2018 because organizers could not collect the requisite 25,000 signatures.
In 2015, bill HB 49 was defeated in the House, which would have decriminalized possession of up to an ounce of marijuana and subjected offenders to a civil fine instead. A 2017 bill (HB 157) that sought to decriminalize possession of up to three ounces and instead require a fine of $200 also failed.
Another bill in 2019 (HB 197) also sought to reduce penalties. Though it retained the misdemeanor status of possession of 3 ounces, it reduced jail time for the first offense to a maximum of 20 days in prison and a maximum fine of $200. The bill stalled.
A House bill (HB 278) proposed in 2019 would have established a medical marijuana program. Along with a bill (HB 258) that would have initiated a study on how best to implement a medical program, however it died without being officially introduced.
A range of Republican and Democratic state senators and representatives have expressed support for decriminalization and for medical marijuana. Notably, House Majority Floor Leader Rep. Eric Barlow sponsored the most recent medical marijuana bill. However, Governor Mark Gordon (R) and both US senators are against legalization in any form.
Support for legalization of recreational use of marijuana in Wyoming is at 49% per 2018 polling data from the Wyoming Survey & Analysis Center at the University of Wyoming. Support for medical marijuana legalization is even higher, at 86%.
Wyoming cannabis DUI laws
Like everywhere else, it’s illegal to drive while under the influence. Cannabis is a controlled substance in Wyoming, and you can’t drive intoxicated on a controlled substance. “Intoxicated” is defined as “not having the normal use of mental or physical faculties by reason of the introduction of … a controlled substance.”
A person is guilty of a DUI if they drive under the influence of a controlled substance or a combination of controlled substances and alcohol to a degree that renders them incapable of safely operating a motor vehicle. Any person who drives in the state of Wyoming is deemed to have given their consent to submit to a chemical test or tests of their blood, breath, or urine, for the purposes of determining the controlled substance content of their blood.
- 1st offense: Misdemeanor, up to six months imprisonment, $750 fine, or both, must submit to a substance abuse assessment, driver’s license revocation.
- 2nd offense (within 10 years): Mandatory minimum of seven days up to six months imprisonment, $200 to $750 fine, must submit to a substance abuse assessment, driver’s license revocation.
- 3rd offense (within 10 years): Mandatory minimum of 30 days up to six months imprisonment, of which all but 15 days may be suspended if the defendant completes an inpatient treatment program, $750 up to $3,000 fine, must submit to a substance abuse assessment, driver’s license revocation.
- 4th and subsequent offenses (within 10 years): Felony, up to four years imprisonment, up to a $10,000 fine, driver’s license revocation.
For more information, please refer to Wyo. Stat. Ann. § 31-5-233
Common questions about marijuana legalization in Wyoming
Are edibles legal in Wyoming?
No. Edibles, like pot brownies, are illegal. In practice, prosecution for possession of edibles is inconsistent. Several pieces of legislation have attempted to add specific provisions for possession of edibles, but none have succeeded.
Is Wyoming a legal recreational state?
No, Wyoming is not a recreational weed state. It’s an extreme prohibition state.
Is CBD legal in Wyoming?
Yes, CBD is legal in Wyoming if it has under 0.3% THC. Prior to 2019, when industrial hemp production was legalized, CBD was only legal to prescribe to patients with intractable epilepsy.
Is smokable hemp allowed in Wyoming?
Technically, if the THC content is under 0.3%, it should be legal per 2019 legislation.
Can you get a medical marijuana card in Wyoming?
No. Medical marijuana is still illegal in Wyoming.
What are the latest proposed medical program’s qualifying conditions?
The most recent legislation does not list qualifying conditions. It simply refers to physical and psychological conditions that have not responded to “other treatment options.”
Keep up with the latest news about legalization in Wyoming
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