Is Weed Legal in Wyoming? Penalties, Driving, and Firearms

No, weed is not legal in Wyoming. The state bans marijuana for both recreational and medical use, classifies it as a Schedule I hallucinogenic substance, and offers no decriminalization and no medical program.¹ Even small amounts can lead to arrest, and a 2026 bill that would have reclassified marijuana to Schedule III died in February without a hearing, so nothing is expected to shift soon.

Possession Penalties

Possession penalties turn on a single number: three ounces of plant marijuana. At or below that amount, you face a misdemeanor punishable by up to 12 months in jail, a fine up to $1,000, or both. Above three ounces, the charge becomes a felony carrying up to five years in prison and a fine up to $10,000.²

That line changes the shape of a case. Below it, you are looking at county jail and a modest fine. Above it, you face state prison and a felony record that can follow you into employment, housing, and voting rights. The statute includes no diversion program, though individual courts may offer options depending on the circumstances.

Using or Being Under the Influence

Wyoming also makes it a separate crime to be under the influence of marijuana, even when officers find no cannabis on you. Knowingly using or being under the influence of a Schedule I, II, or III substance without a valid prescription is a misdemeanor punishable by up to six months in jail, a fine up to $750, or both.³ Behavioral signs or physical symptoms of recent consumption can support the arrest.

This catches people off guard. You can lawfully consume cannabis in Colorado, cross back into Wyoming the next day, and still face charges if a blood test shows active THC and an officer believes you are currently impaired. The statute is not limited to public intoxication. It applies anywhere in the state.

Growing or Sharing Any Amount

Growing marijuana or handing it to someone else is a felony regardless of amount. Because the state classifies marijuana as a non-narcotic Schedule I hallucinogenic substance, manufacturing, delivering, or possessing with intent to deliver carries up to 10 years in prison and a fine up to $10,000.² A single plant in a closet qualifies. Prosecutors do not have to prove you intended to sell, because growing for personal use falls under the same manufacturing provision. In practical terms, passing a joint to a friend sits in the same statutory category as a sale.

Out-of-State Cards, CBD, and Delta-8

A medical marijuana card from Colorado, Montana, or any other state carries no legal weight in Wyoming. You can still be arrested and prosecuted for possession, and the DUI statute makes clear that being entitled to use a controlled substance under another state’s laws is not a defense.⁴ The only cannabis-derived medication a Wyoming practitioner can prescribe is a narrow set of FDA-approved drugs such as dronabinol (Marinol).²

Hemp-derived CBD products stay legal if they contain no more than 0.3% THC, consistent with federal law. But Wyoming closed what retailers had treated as a loophole. SF0032 took effect July 1, 2024, banning psychoactive hemp products including delta-8 THC, prohibiting synthetic additives in hemp products, and listing delta-8 THC as a Schedule I controlled substance.⁵ The ban also covers psychoactive analogs and isomers of THC, so reformulated products designed to skirt the delta-8 restriction are equally illegal. A legal challenge to the ban was dismissed. Anything on a Wyoming shelf marketed for its intoxicating effects is almost certainly illegal.

Driving After Using Marijuana

Wyoming sets no specific THC blood concentration the way it sets a 0.08% blood alcohol limit. You can be charged if marijuana renders you incapable of safely operating a vehicle.⁴ That standard gives officers and prosecutors wide discretion. Drug recognition experts evaluate pupil dilation, coordination, and reaction time, and those observations often anchor the state’s case.

A first DUI conviction is a misdemeanor carrying up to six months in jail and a fine up to $750.⁶ An out-of-state prescription is not a defense. Second and subsequent offenses within ten years carry mandatory minimum jail time and longer license suspensions. Wyoming’s implied consent law requires you to submit to blood or urine testing when an officer has probable cause, and refusal triggers an automatic 90-day license suspension on top of any criminal penalty. The officer must tell you that before you decide.

Federal Land and Tribal Land

Wyoming contains Yellowstone, Grand Teton, Devils Tower, and millions of acres of other federal property. Marijuana possession on any of it is a federal offense governed by federal law, not state law. A first-time simple possession charge carries up to one year in prison and a minimum fine of $1,000, with escalating mandatory minimums for repeat offenses — at least 15 days for a second and at least 90 days for a third.⁷

Federal jurisdiction also reaches tribal land, including the Wind River Reservation. Federal prosecutors retain full authority to enforce marijuana laws there, and tribal territory is generally exempt from state jurisdiction unless Congress provides otherwise.

Firearms and Marijuana Use

Federal law bars any “unlawful user of or addicted to any controlled substance” from possessing a firearm or ammunition.⁸ Because marijuana remains Schedule I federally, a regular marijuana user is technically prohibited from owning a gun even without any conviction. The offense is a federal felony punishable by up to 15 years in prison.

That weighs heavily in Wyoming given the state’s rate of gun ownership and hunting culture. ATF Form 4473, which you complete when buying a firearm from a licensed dealer, asks directly whether you are an unlawful user of a controlled substance, and a false answer is a separate crime. The Supreme Court heard arguments in early 2026 on whether this prohibition is constitutional. For now, it remains enforceable.

What a Conviction Costs Beyond the Sentence

The jail time and fines are only part of the exposure. A felony conviction, triggered by possession above three ounces or by any cultivation or delivery charge, can disqualify you from many jobs, affect professional licensing, and come up in custody proceedings.

Federal employment and security clearances are a particular pressure point. Past marijuana use does not automatically disqualify you from a clearance, but recency and frequency matter, and current use while holding one is a serious violation. Federal agencies and contractors generally run their own drug testing. For anyone working at F.E. Warren Air Force Base or in Wyoming’s energy sector where federal contracts are common, even a misdemeanor marijuana charge can threaten a career.

Where Reform Stands

Wyoming legislators have introduced marijuana bills repeatedly in recent sessions, and none have gained traction. The most recent attempt, House Bill 166 in 2026, would have reclassified marijuana from Schedule I to Schedule III, acknowledging medical use and sharply reducing penalties. The legislature voted on February 13, 2026, not to consider it for introduction. Earlier bills aimed at medical access, decriminalization, or reclassification have either stalled in committee or failed to reach a floor vote. If you are moving to Wyoming or visiting from a state with legal cannabis, do not assume that momentum in Colorado or Montana signals any near-term change here.

1
Justia. Wyoming Code 35-7-1014 – Substances Classified as Schedule I
2
Justia. Wyoming Code 35-7-1031 – Unlawful Manufacture or Delivery; Counterfeit Substance; Unlawful Possession
3
Wyoming State Legislature. Wyoming Code 35-7-1039 – Person Using or Under Influence of Controlled Substance
4
Justia. Wyoming Code 31-5-233 – Driving or Having Control of Vehicle While Under Influence of Intoxicating Liquor or Controlled Substances; Penalties
5
Wyoming State Legislature. Wyoming Legislature SF0032 – Hemp Limitations on Psychoactive Substances
6
Wyoming State Legislature. Wyoming Code 31-5-233 – Driving or Having Control of Vehicle While Under Influence; Penalties
7
Office of the Law Revision Counsel. 21 USC 844 – Penalties for Simple Possession
8
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts