Marijuana remains illegal in Wyoming for recreational use, and the state does not have a comprehensive medical marijuana program. Possession, sales and home cultivation remain prohibited under state law.
Wyoming does allow hemp that meets the state’s THC and production requirements, but its hemp laws are relatively restrictive when it comes to intoxicating and synthetic cannabinoids.
This page covers Wyoming marijuana possession laws, cultivation, medical marijuana, sales, hemp products, driving laws and penalties. For laws in other states, visit The Marijuana Herald’s Marijuana Laws by State guide.
Last updated: September 2026
Wyoming Marijuana Laws at a Glance
| Law | Current Rule |
|---|---|
| Recreational marijuana | Illegal |
| Medical marijuana | No comprehensive program |
| Possession of 3 ounces or less of marijuana in plant form | Misdemeanor |
| Possession of more than 3 ounces in plant form | Felony |
| Home cultivation | Illegal |
| Marijuana sales | Illegal |
| Medical dispensaries | None |
| Recreational dispensaries | None |
| Marijuana delivery | Illegal |
| Public marijuana use | Illegal |
| Hemp | Legal within state requirements |
| Driving while impaired by marijuana | Illegal |
Wyoming continues to treat marijuana as a controlled substance under state law. A 2026 proposal to change marijuana’s scheduling did not become law, meaning the state’s existing prohibition remains in place.
Is Recreational Marijuana Legal in Wyoming?
No. Recreational marijuana is illegal in Wyoming.
There is no legal amount that an adult may possess for recreational purposes, and Wyoming has not established licensed recreational marijuana stores or a regulated adult-use market.
This differs from several nearby states where adult-use marijuana has been legalized.
How Much Marijuana Can You Possess in Wyoming?
Possession of marijuana is illegal, but Wyoming law divides possession offenses based partly on the amount and form of the controlled substance.
For marijuana in plant form, possession of no more than 3 ounces is a misdemeanor punishable by up to 12 months in jail, a fine of up to $1,000, or both.
Possession of more than 3 ounces of marijuana in plant form can result in a felony punishable by up to five years in prison, a fine of up to $10,000, or both.
Wyoming law uses different quantity thresholds for controlled substances in liquid, powder, crystalline, pill and capsule forms, meaning the 3-ounce threshold should not be assumed to apply to every type of marijuana product.
What Are the Penalties for Illegal Marijuana Possession in Wyoming?
The primary possession penalties include:
| Violation | Potential Penalty |
|---|---|
| 3 ounces or less of marijuana in plant form | Misdemeanor, up to 12 months in jail and/or $1,000 fine |
| More than 3 ounces of marijuana in plant form | Felony, up to 5 years in prison and/or $10,000 fine |
| Third or subsequent qualifying misdemeanor possession offense | Up to 5 years imprisonment and/or $5,000 fine |
Wyoming’s statute states that a person convicted of a third or subsequent offense under the misdemeanor possession provision can face up to five years imprisonment and a fine of up to $5,000. Prior qualifying convictions under similar laws in other jurisdictions can also count.
Because different thresholds apply depending on the physical form of a controlled substance, concentrates, liquids and other marijuana products should not be treated as if they are subject to the same weight threshold as marijuana flower.
Is Medical Marijuana Legal in Wyoming?
No. Wyoming does not have a comprehensive medical marijuana program.
There are no Wyoming medical marijuana cards, licensed medical marijuana dispensaries or general protections allowing patients to possess marijuana because they have a qualifying health condition.
State law specifically provides that, with limited exceptions for drugs that have received final approval from the U.S. Food and Drug Administration, a practitioner cannot prescribe or dispense marijuana or THC.
A medical marijuana authorization issued by another state does not provide protection from Wyoming marijuana laws. The Wyoming Supreme Court has previously held that an out-of-state medical marijuana authorization does not exempt a person from Wyoming’s possession prohibition.
Can You Grow Marijuana at Home in Wyoming?
No. Home cultivation is illegal in Wyoming for both recreational and medical purposes.
Under Wyoming Statute § 35-7-1040, knowingly or intentionally planting, cultivating, harvesting, drying or processing marijuana is a misdemeanor punishable by up to six months in jail, a fine of up to $1,000, or both.
Other charges may apply depending on the amount of marijuana involved and the circumstances. For example, possession of more than 3 ounces of marijuana in plant form can separately constitute a felony.
Wyoming therefore has no legal personal home-grow limit.
Are Marijuana Sales Legal in Wyoming?
No. Wyoming does not license recreational or medical marijuana sales.
Manufacturing, delivering or possessing marijuana with intent to manufacture or deliver can carry substantially greater penalties than simple possession.
Because marijuana is covered by Schedule I under Wyoming law, unauthorized manufacture, delivery or possession with intent to deliver can be punishable by up to 10 years in prison, a fine of up to $10,000, or both.
There are no licensed marijuana retailers or dispensaries in the state.
Is Marijuana Delivery Legal in Wyoming?
No. Wyoming does not authorize recreational or medical marijuana delivery businesses.
State law prohibits unauthorized delivery of controlled substances, meaning transporting marijuana to another person as part of a sale or other prohibited transfer can expose a person to more serious criminal penalties than simple possession.
Is Using Marijuana Illegal in Wyoming?
Yes. Wyoming law separately prohibits knowingly or intentionally using or being under the influence of a Schedule I, II or III controlled substance unless it is lawfully administered or prescribed.
A violation is a misdemeanor punishable by up to six months in jail, a fine of up to $750, or both.
This means Wyoming law can criminalize marijuana use itself, not merely possession or sale.
Are CBD and Hemp Legal in Wyoming?
Yes, but only products meeting Wyoming’s definition of legal hemp.
Wyoming defines hemp or a hemp product as cannabis and qualifying derivatives containing no synthetic substance and no more than 0.3% THC on a dry-weight basis. State law defines THC broadly to include delta-9 THC as well as certain psychoactive analogs and structural, optical or geometric isomers.
Wyoming law generally allows the possession, purchase, sale, transportation and use of compliant hemp and hemp products. Producing or processing hemp requires appropriate licensing through the Wyoming Department of Agriculture.
The state tightened its hemp laws in 2024, including restrictions targeting synthetic substances and intoxicating THC analogs. As a result, consumers should not assume that a product is legal in Wyoming simply because it is marketed nationally as “hemp-derived.”
Can You Use Marijuana in Public in Wyoming?
No.
Because marijuana use and possession remain illegal statewide, Wyoming does not have legal public-consumption areas, marijuana cafés or licensed consumption lounges.
Using or being under the influence of marijuana can itself constitute a misdemeanor under Wyoming’s controlled-substances law.
Can You Drive After Using Marijuana in Wyoming?
Driving while impaired by marijuana is illegal.
Wyoming prohibits driving or having actual physical control of a vehicle while under the influence of a controlled substance to a degree that makes the person incapable of safely driving.
Unlike the state’s alcohol law, Wyoming’s statute does not establish a comparable numerical THC concentration that automatically defines marijuana impairment.
A first impaired-driving conviction is generally a misdemeanor punishable by up to six months in jail and a fine of up to $750, with increased penalties for repeat offenses.
Can You Bring Marijuana Into Wyoming From Another State?
No.
Marijuana legally purchased in another state does not become legal when brought into Wyoming. Once a person enters Wyoming with marijuana, Wyoming’s possession laws apply.
Transporting marijuana across state lines can also implicate federal law regardless of whether marijuana is legal in the state where it was purchased.
This is particularly relevant for travelers entering Wyoming from states that allow recreational marijuana.
Does Wyoming Have Marijuana Decriminalization?
No statewide marijuana decriminalization law makes possession legal or converts ordinary possession into a noncriminal offense.
Possession of up to 3 ounces of marijuana in plant form remains a criminal misdemeanor, while possession above that threshold can constitute a felony.
Wyoming Marijuana Laws in 2026
As of September 2026, Wyoming remains one of the states without recreational marijuana legalization or a comprehensive medical marijuana program.
Marijuana possession remains a criminal offense, home cultivation is prohibited, and there are no legal marijuana dispensaries. Hemp is legal under a separate regulatory framework, although Wyoming imposes restrictions on THC levels, synthetic substances and psychoactive cannabinoid products.
The Marijuana Herald will update this page as Wyoming’s marijuana laws change.
Official Sources
- Wyoming Controlled Substances Act, Title 35, Chapter 7: Wyoming Legislature statutes
- Wyoming Statute § 35-7-1031, possession, manufacture and delivery: Wyoming Legislature Title 35
- Wyoming Statute § 35-7-1040, marijuana cultivation: Wyoming Legislature Title 35
- Wyoming hemp laws, Chapter 51: Wyoming Legislature Title 11
- Wyoming hemp licensing and regulations: Wyoming Department of Agriculture Hemp Program
