Wyoming
Wyoming has enacted no medical, decriminalization, or adult-use cannabis law, leaving it among the fully prohibited states. Cannabis is a Schedule I controlled substance under the Wyoming Controlled Substances Act, and Wyo. Stat. 35-7-1031(c) expressly voids any practitioner prescription or dispensing of cannabis or THC except for FDA-approved drugs; the state operates no licensing, taxation, or regulatory framework for cannabis of any kind. The only cannabis-adjacent carve-outs are a narrow 2015 low-THC cannabidiol allowance for intractable epilepsy under neurologist supervision and a 2019 USDA-rule industrial-hemp program; neither is a medical-cannabis program. There is no legal possession allowance; any amount is a criminal offense. The cannabis penalty statute was not amended in either direction across the 2023 through 2026 legislative sessions. A 2024 decriminalization bill, House Bill 204, which would have made possession of up to 3 ounces a civil offense with a $100 fine, died in the budget session, and a 2024 citizen medical-cannabis initiative gathered 48,687 signatures but failed the county-distribution requirement, qualifying in only 14 of the 16 counties required, and did not reach the ballot. Cannabis arrests totaled 1,416 in calendar-year 2024 and have fallen from 2,877 in calendar-year 2018. Wyoming's population reached 587,618 as of July 1, 2024.
Licensing & Market
Wyoming issues no cannabis licenses of any class and operates no cultivation, retail, manufacturing, or delivery program. There is no track-and-trace system, no application or license fees, no municipal opt-in framework, and no vertical-integration rule, because the state has no legal cannabis industry to regulate. Every market-access metric is null by structure rather than by a gap in reporting.
| Field | Value | Source |
|---|---|---|
| Cultivator licenses awarded | Not available in the public record | — |
| Cultivator licenses operational | Not available in the public record | — |
| Cultivator activation rate | Not available in the public record | — |
| Operating cultivators per million | Not available in the public record | — |
| Retail licenses awarded | Not available in the public record | — |
| Retail licenses operational | Not available in the public record | — |
| Retail activation rate | Not available in the public record | — |
| Dispensaries per 100k | Not available in the public record | — |
| Vertical integration | Not available in the public record | — |
| License caps exist | Not available in the public record | — |
| Licenses transferable | Not available in the public record | — |
| Residency required | Not available in the public record | — |
| Residency duration (months) | Not available in the public record | — |
| Municipalities allowing | Not available in the public record | — |
| Municipalities total | Not available in the public record | — |
| Municipal opt-in rate | Not available in the public record | — |
| Track-and-trace system | Not available in the public record | — |
| Cultivator application fee | Not available in the public record | — |
| Cultivator annual fee | Not available in the public record | — |
| Retail application fee | Not available in the public record | — |
| Retail annual fee | Not available in the public record | — |
Consumer Rules
Wyoming permits no legal cannabis use or possession. Home cultivation is a crime, prosecuted either as a misdemeanor under Wyo. Stat. 35-7-1040 for planting, cultivating, or processing cannabis, or as felony manufacture of a Schedule I substance under Wyo. Stat. 35-7-1031(a)(ii). There is no legal possession limit because no amount is lawful; the 3-ounce figure in state law marks the line dividing misdemeanor from felony possession of plant-form cannabis, not a permitted quantity. Cannabis delivery and consumption lounges do not exist as legal categories. No product forms are lawful for adult or medical use.
| Field | Value | Source |
|---|---|---|
| Home grow allowed | No | [5] |
| Home grow plant limit | Not available in the public record | — |
| Possession limit (oz) | Not available in the public record | — |
| Delivery legal | No | [6] |
| Delivery operational | No | [7] |
| Consumption lounges legal | No | [8] |
| Consumption lounges count | Not available in the public record | — |
| Purchase limit, flower (oz) | Not available in the public record | — |
| Purchase limit, concentrate (g) | Not available in the public record | — |
| Purchase limit, edibles (mg) | Not available in the public record | — |
| All product forms legal | Not available in the public record | — |
| Restricted product forms | Not available in the public record | — |
Taxation
Wyoming levies no cannabis excise, sales, potency, or wholesale tax and collects no cannabis tax revenue. The state's general sales tax does not reach a market that does not legally exist. All fiscal metrics are null because there is no taxable legal market.
| Field | Value | Source |
|---|---|---|
| Excise tax | Not available in the public record | — |
| Excise tax type | Not available in the public record | — |
| Sales tax | Not available in the public record | — |
| Wholesale tax | Not available in the public record | — |
| Potency tax exists | Not available in the public record | — |
| Potency tax, flower | Not available in the public record | — |
| Potency tax, concentrate | Not available in the public record | — |
| Potency tax, edibles | Not available in the public record | — |
| Local tax (max) | Not available in the public record | — |
| Local tax (typical) | Not available in the public record | — |
| Total effective rate | Not available in the public record | — |
| Medical tax exempt | Not available in the public record | — |
| Medical tax rate | Not available in the public record | — |
| Annual tax revenue | Not available in the public record | — |
| Tax revenue per capita | Not available in the public record | — |
| Tax changed since legalization | Not available in the public record | — |
| Tax direction | Not available in the public record | — |
Operator Data
Wyoming has no legal cannabis operators, sales, licenses, or published prices. No figures exist for market size, per-capita sales, wholesale or retail pricing, or license attrition, because there is no legal industry. Any cannabis commerce occurs in the unregulated market and is not captured in any public dataset.
| Field | Value | Source |
|---|---|---|
| Wholesale flower ($/lb) | Not available in the public record | — |
| Wholesale flower period | Not available in the public record | — |
| Wholesale trend | Not available in the public record | — |
| Wholesale price compression | Not available in the public record | — |
| Retail flower ($/oz) | Not available in the public record | — |
| Operator margin | Not available in the public record | — |
| Total market sales | Not available in the public record | — |
| Adult-use sales | Not available in the public record | — |
| Per-capita sales | Not available in the public record | — |
| YoY sales growth | Not available in the public record | — |
| License attrition (count) | Not available in the public record | — |
| License attrition | Not available in the public record | — |
| Peak cultivation licenses | Not available in the public record | — |
| Current cultivation licenses | Not available in the public record | — |
Consumer Data
Wyoming has no legal cannabis market, so there is no per-capita legal sales figure, dispensary density, or published retail price trend. By definition, all cannabis consumed in the state moves through the unregulated market; no primary estimate of legal-market capture exists, because there is no legal market against which to measure it.
| Field | Value | Source |
|---|---|---|
| Per-capita sales | Not available in the public record | — |
| Dispensaries per 100k | Not available in the public record | — |
| Legal market capture | Not available in the public record | — |
| Legal capture source | Not available in the public record | — |
| Retail price trend | Not available in the public record | — |
Equity Programs
Wyoming operates no social-equity program, no cannabis equity or reinvestment fund, and no cannabis-specific expungement or automatic record-clearing mechanism. Because the state has enacted no legalization statute, there is no licensing system in which equity provisions could exist and no triggering event for record relief. These are settled negative answers rather than gaps in reporting.
| Field | Value | Source |
|---|---|---|
| Equity program exists | No | [9] |
| Equity program type | Not available in the public record | — |
| Equity licenses awarded | Not available in the public record | — |
| Equity licenses operational | Not available in the public record | — |
| Equity activation rate | Not available in the public record | — |
| Equity fund exists | No | [10] |
| Equity fund size | Not available in the public record | — |
| Equity fund disbursed | Not available in the public record | — |
| Equity fund disbursement rate | Not available in the public record | — |
| Minority ownership | Not available in the public record | — |
| Women ownership | Not available in the public record | — |
| Community reinvestment | Not available in the public record | — |
| Expungement exists | No | [11] |
| Expungement automatic | Not available in the public record | — |
| Expungements processed | Not available in the public record | — |
| Income cap for equity | Not available in the public record | — |
Enforcement
Wyoming has no cannabis regulatory agency, regulatory budget, inspection regime, testing requirements, or licensee-enforcement program, because there are no licensees. Enforcement of cannabis law in Wyoming is ordinary criminal law enforcement carried out by police, prosecutors, and the courts, reflected in the arrest figures reported under criminalization rather than in regulatory metrics. The operational enforcement statistics a regulated state would publish are not available because no such regulator exists.
| Field | Value | Source |
|---|---|---|
| Track-and-trace system | Not available in the public record | — |
| Inspections per year | Not available in the public record | — |
| Enforcement actions (licensees) | Not available in the public record | — |
| Unlicensed-market enforcement actions | Not available in the public record | — |
| Regulatory budget | Not available in the public record | — |
| Regulatory staff | Not available in the public record | — |
| Mandatory testing analytes | Not available in the public record | — |
| Testing cost per batch | Not available in the public record | — |
| Product recalls per year | Not available in the public record | — |
| Fine schedule (min) | Not available in the public record | — |
| Fine schedule (max) | Not available in the public record | — |
Penalties & Criminal Law
Wyoming prohibits cannabis in all forms and provides no legal possession allowance. Possession of plant-form cannabis of 3 ounces or less is a misdemeanor punishable by up to 12 months in jail and a fine up to $1,000, with a third or subsequent offense punishable by up to 5 years and $5,000 (Wyo. Stat. 35-7-1031(c)(i)(A)). Possession of more than 3 ounces — about 85 grams — is a felony punishable by up to 5 years and a fine up to $10,000 (Wyo. Stat. 35-7-1031(c)(iii)). Cultivation and sale are charged as manufacture or delivery of a Schedule I non-narcotic under Wyo. Stat. 35-7-1031(a)(ii), each carrying up to 10 years and a fine up to $10,000; a separate, more specific statute, Wyo. Stat. 35-7-1040, makes planting, cultivating, or processing cannabis a misdemeanor punishable by up to 6 months and $1,000, and both statutes remain on the books. Wyoming sets no weight-based trafficking tier; the 10-year maximum applies regardless of quantity. Separately, knowingly using or being under the influence of a Schedule I, II, or III controlled substance is a misdemeanor punishable by up to 6 months and $750 (Wyo. Stat. 35-7-1039). Wyoming sets no per se THC blood limit for impaired driving, relying instead on an impairment standard under Wyo. Stat. 31-5-233. The state has no cannabis expungement or automatic record-clearing program. The cannabis penalty statute was not amended in either direction across the 2023 through 2026 sessions; over the same period the state enacted Senate Bill 32 in 2024, banning Delta-8, Delta-10, HHC, and similar hemp-derived intoxicating cannabinoids, a ban the Tenth Circuit upheld in November 2025. Cannabis arrests totaled 1,416 in calendar-year 2024, composed of 1,391 possession arrests and 25 sales arrests, roughly 241 per 100,000 residents calculated on total state population, and have fallen from 2,877 in calendar-year 2018. These counts derive from secondary compilations of FBI Uniform Crime Reporting and NIBRS data, which are incomplete and understate true totals. The most recent published racial-disparity estimate, drawn from 2018 federal data, found Black residents arrested for cannabis possession at 5.2 times the rate of white residents, a ratio that rests on a small Black population base and grew from 3.19 in 2010.
| Field | Value | Source |
|---|---|---|
| Max penalty, unlicensed cultivation | Cultivation is prosecuted as 'manufacture' of marijuana, a Schedule I nonnarcotic controlled substance, under Wyo. Stat. 35-7-1031(a)(ii): up to 10 years imprisonment and/or a fine up to $10,000. A separate, more specific statute, Wyo. Stat. 35-7-1040 ('Planting, cultivating or processing marihuana'), makes planting/cultivating/harvesting/drying/processing marihuana a misdemeanor punishable by up to 6 months in county jail and/or a $1,000 fine; in practice cultivation may be charged under either statute, but the maximum exposure is the felony manufacture route (10 years). | [12] |
| Max penalty, unlicensed sale | Delivery, or possession with intent to manufacture or deliver, marijuana (a Schedule I nonnarcotic) is a felony under Wyo. Stat. 35-7-1031(a)(ii): up to 10 years imprisonment and/or a fine up to $10,000. Wyoming's controlled-substances act sets no separate weight-based marijuana 'trafficking' tier; the 10-year maximum applies regardless of quantity sold. | [13] |
| Felony threshold (grams) | 85 | [14] |
| Felony threshold type | possession | [15] |
| Penalty, possession over limit | Wyoming has no legal possession allowance; any possession is criminal. Plant-form marijuana of 3 ounces or less is a misdemeanor punishable by up to 12 months in jail and/or a $1,000 fine (Wyo. Stat. 35-7-1031(c)(i)(A)); a third or subsequent such offense is punishable by up to 5 years and/or $5,000. Possession of MORE than 3 ounces of plant-form marijuana is a felony punishable by up to 5 years imprisonment and/or a $10,000 fine (Wyo. Stat. 35-7-1031(c)(iii)). Separately, knowingly using or being 'under the influence' of a Schedule I/II/III controlled substance is a misdemeanor punishable by up to 6 months and/or $750 (Wyo. Stat. 35-7-1039). | [16] |
| Penalty, public consumption | Not available in the public record | — |
| DUI per se limit (ng) | Not available in the public record | — |
| DUI zero tolerance | No | [17] |
| Penalties increased post-legalization | Not available in the public record | — |
| Penalty direction | unchanged | [18] |
| Penalty direction details | Wyoming's core MARIJUANA penalty structure (Wyo. Stat. 35-7-1031) has not been amended in either direction; the state remains fully prohibitionist and no decrim/medical/adult-use reform has passed. A 2024 decriminalization bill (HB 204, which would have made possession of up to 3 oz a civil offense with a $100 fine) died in the budget session, and a 2024 citizen medical-marijuana initiative gathered 48,687 signatures (above the 41,776 the campaign treated as required, though the Secretary of State's site listed a lower 29,730 based on 2022 turnout) but failed the county-distribution requirement (qualifying in only 14 of the 16 counties required) and did not reach the ballot. NOTE: while marijuana penalties were static, Wyoming moved HARSHER on intoxicating hemp — SF 32 (2024) banned Delta-8/Delta-10/HHC and similar hemp-derived cannabinoids (signed March 2024, effective July 1, 2024; ban upheld by the 10th Circuit in Nov 2025). So the marijuana-penalty direction is 'unchanged' but the broader cannabinoid-policy direction tightened. | [19] |
| Post-legalization arrests (annual) | 1416 | [20] |
| Racial disparity ratio | 5.2 | [21] |
| Expungement exists | No | [11] |
| Expungement automatic | Not available in the public record | — |
Sources
- ↑ U.S. Census Bureau, Vintage 2024 Population Estimates (NST-EST2024-POP), state of Wyoming https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
- ↑ USPS / U.S. Census Bureau standard two-letter abbreviation for Wyoming https://www.census.gov/library/reference/code-lists/ansi.html
- ↑ Dashboard compilation date 2026-06-07. Underlying vintages: Census V2024 population (July 1, 2024); FBI UCR/NIBRS arrests through CY2024 (via NORML); ACLU 'A Tale of Two Countries' racial-disparity data (2018); Wyoming Statutes Title 35 current through the 2025 legislative session.
- ↑ U.S. Census Bureau Vintage 2024 Population Estimates — Wyoming July 1, 2024 = 587,618. NST-EST2024-POP; corroborated by the Wyoming Dept. of Administration & Information, Economic Analysis Division, Dec. 19, 2024 release (ST-24est.pdf) https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
- ↑ No home cultivation allowance exists; planting/cultivating/processing marihuana is a crime (misdemeanor under Wyo. Stat. 35-7-1040, or felony 'manufacture' under 35-7-1031(a)(ii)) https://www.wyoleg.gov/statutes/compress/title35.pdf
- ↑ No legal cannabis market exists; marijuana is a Schedule I controlled substance and delivery is a felony under Wyo. Stat. 35-7-1031(a)(ii). No licensed delivery framework exists https://www.wyoleg.gov/statutes/compress/title35.pdf
- ↑ No licensed cannabis delivery operates in Wyoming; marijuana is fully prohibited (Wyo. Stat. 35-7-1031) https://www.wyoleg.gov/statutes/compress/title35.pdf
- ↑ No consumption-venue category exists; all marijuana possession and use is criminal under Wyo. Stat. 35-7-1031 and 35-7-1039 https://www.wyoleg.gov/statutes/compress/title35.pdf
- ↑ Wyoming operates no legal cannabis program and therefore no social-equity licensing program (marijuana is fully prohibited, Wyo. Stat. 35-7-1031) https://www.wyoleg.gov/statutes/compress/title35.pdf
- ↑ No cannabis equity or reinvestment fund exists; Wyoming collects no cannabis tax revenue (fully prohibited, Wyo. Stat. 35-7-1031) https://www.wyoleg.gov/statutes/compress/title35.pdf
- ↑ Wyoming has no marijuana-specific expungement or automatic record-clearing program; the state has no legalization statute that would trigger record relief (Wyo. Stat. Title 35, Chapter 7, Article 10) https://www.wyoleg.gov/statutes/compress/title35.pdf
- ↑ Wyo. Stat. 35-7-1031(a)(ii) (manufacture of a Schedule I nonnarcotic — incl. marihuana — up to 10 years / up to $10,000) and the more specific Wyo. Stat. 35-7-1040 ('Planting, cultivating or processing marihuana': misdemeanor, up to 6 months in county jail / up to $1,000). Maximum exposure is the felony manufacture route https://www.wyoleg.gov/statutes/compress/title35.pdf
- ↑ Wyo. Stat. 35-7-1031(a)(ii) — delivery, or possession with intent to deliver, a Schedule I nonnarcotic (marihuana): up to 10 years imprisonment and/or a fine up to $10,000. Wyoming sets no separate weight-based marijuana trafficking tier https://www.wyoleg.gov/statutes/compress/title35.pdf
- ↑ Wyo. Stat. 35-7-1031(c)(i)(A) and (c)(iii) — plant-form marijuana of 3 ounces or less is a misdemeanor; MORE THAN 3 ounces is a felony. 3 oz = 85.05 g; threshold recorded as 85 g (possession above this amount is a felony) https://www.wyoleg.gov/statutes/compress/title35.pdf
- ↑ Wyo. Stat. 35-7-1031(c) — the 3-ounce (plant-form) threshold keys to simple possession https://www.wyoleg.gov/statutes/compress/title35.pdf
- ↑ Wyo. Stat. 35-7-1031(c)(i)(A) (plant-form 3 oz or less: misdemeanor, up to 12 months / $1,000; third+ offense up to 5 years / $5,000), 35-7-1031(c)(iii) (more than 3 oz: felony, up to 5 years / $10,000), and 35-7-1039 (using or being under the influence of a Schedule I/II/III substance: misdemeanor, up to 6 months / $750) https://www.wyoleg.gov/statutes/compress/title35.pdf
- ↑ Wyo. Stat. 31-5-233 establishes an impairment-based DWUI standard for driving under the influence of a controlled substance to a degree rendering the driver incapable of safely driving; Wyoming has no numeric per se THC blood limit and no statutory zero-tolerance provision for detectable THC https://law.justia.com/codes/wyoming/title-31/chapter-5/article-2/section-31-5-233/
- ↑ [SECONDARY] Marijuana Policy Project, Wyoming state page — 'Lawmakers did not make any progress in advancing legislation for cannabis reform during the 2023, 2024, 2025, and 2026 legislative sessions.' Wyoming's marijuana penalty statute (Wyo. Stat. 35-7-1031) was not amended; prohibition and its penalty structure stayed in place https://www.mpp.org/states/wyoming/
- ↑ [SECONDARY] Ballotpedia, 'Wyoming Medical Marijuana Initiative (2024)' (gathered 48,687 signatures vs 41,776 the campaign treated as required; failed the county-distribution requirement, qualifying in only 14 of 16 counties; did not make the ballot) and Marijuana Moment / Cowboy State Daily coverage of HB 204 (2024 budget-session decriminalization bill, possession up to 3 oz a civil offense / $100 fine, which failed). The intoxicating-hemp ban is SF 32 (2024), Wyo. Stat., signed March 2024 / effective July 1, 2024, upheld by the 10th Circuit Nov 2025 (NORML, 'Wyoming: State-Imposed Hemp Ban Not Preempted By Federal Law'). Marijuana penalty statute itself unchanged: Wyo. Stat. 35-7-1031. ) https://ballotpedia.org/Wyoming_Medical_Marijuana_Initiative_(2024
- ↑ [SECONDARY] NORML Wyoming marijuana arrests library — CY2024 total marijuana arrests = 1,416 (1,391 possession + 25 sales), compiled from FBI Uniform Crime Reporting / NIBRS data. (Wyoming has no legalization, so this is the current annual cannabis-arrest figure, not a post-legalization figure; NIBRS coverage is incomplete and likely understates true totals.) https://norml.org/marijuana/library/state-marijuana-arrests/wyoming-marijuana-arrests/
- ↑ ACLU, 'A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform' (2020), Wyoming state page — 2018 Black:white marijuana possession arrest ratio = 5.20 (Black rate 2,677.27 vs white 515.27 per 100,000); Wyoming ranks 9th nationally and the disparity grew from 3.19 in 2010 https://www.aclu.org/wp-content/uploads/publications/marijuanareport_03232021.pdf