Is Weed Legal in Wyoming?
Wyoming has fallen behind other states in terms of marijuana legislature. As of now, both recreational and medical marijuana are illegal in the state. Furthering this, Wyoming has not elected to decriminalize marijuana and people can still be arrested for possession of small amounts. Wyoming also has not made any attempts or opened up the discussion to legalize marijuana of any kind. In the 2020 session, marijuana was indeed brought up, but not in any serious matter meaning that no new laws will be created in 2021.
Buying Marijuana in Wyoming
While 83% of voters are in favor of decriminalizing marijuana, there has been no success throughout Wyoming in doing so. Buying marijuana in any capacity is illegal in Wyoming. This includes dispensaries, delivery, or even gifting marijuana. Getting caught possessing or distributing marijuana is still a criminal offense and can lead to fines and/or jail time.
Buying Marijuana at a Retail Location
There are no retail locations in which one can purchase marijuana in Wyoming. The state still hasn’t legalized the sale of any product containing THC and any such business that does is operating illegally. It is clear that Wyoming voters are in favor of legalizing medical marijuana, but there have not been enough signatures gathered to put it on the ballot.
CBD oil, however, was legalized on a federal level so long as it contains less than 0.3% THC. Therefore, people are legally allowed to enter a retail location and purchase CBD oil. There are many places that offer CBD oil and the most common are health food stores or wellness boutiques.
Using a Marijuana Delivery Service
Marijuana delivery of any kind is illegal in Wyoming. One cannot purchase marijuana whether it be medical or recreational and delivery is no exception. Since there has not been a formal draft to legalize marijuana, it is unclear how Wyoming will view a marijuana delivery service. However, we will keep you updated as a new legislature may come.
CBD on the other hand is legal on a federal level and Wyoming has not introduced laws to stop the sale. Therefore, Wyoming citizens can legally have CBD oil, so long as it contains less than 0.3% THC, delivered to them via mail or pickup in a store.
Store Hours
There are still no dispensaries operating in the state of Wyoming as recreational and medical marijuana are illegal. However, people are allowed to purchase CBD oil in Wyoming and store hours vary greatly for that. CBD oil can be found in health food stores, wellness boutiques, vape shops and many more places. There are no legal restrictions on how long these types of stores remain open so you can purchase CBD oil at any time of the day or night.
Purchasing Restrictions
Attempts to decriminalize marijuana in Wyoming have yielded no success over the years. Therefore, the purchase of marijuana in any amount or form is illegal. For people who purchase or possess 3 ounces or less of marijuana, they will be charged with a misdemeanor and either pay a fine of $1,000 and spend up to 12 months in jail. For people who purchase or possess over 3 ounces of marijuana, they will be charged as a felon, spend 5 years in jail and be fined $10,000. Finally, if one is caught not possessing marijuana, but under the influence of marijuana, they will be charged with a misdemeanor, pay a fine of $750, and spend 6 months in jail.
Available Products
The only available product related to marijuana in Wyoming is CBD oil that contains less than 0.3% THC. CBD oil is legal on a federal level and Wyoming has not imposed any laws to stop it. Therefore, anyone can purchase CBD oil either online or at various retail locations. No other marijuana products can be found in Wyoming as they are all still illegal.
Taxes on Marijuana in Wyoming
Taxes on Recreational Marijuana in Wyoming
Recreational marijuana is illegal and not yet decriminalized in Wyoming, so any purchase does not go through a legal system of regulation and taxation. Therefore, one should never purchase recreational marijuana in Wyoming as the law prohibits it and officers are eager to charge people for it. CBD oil on the other hand is just considered a standard good and only faces the regular state sales tax of 4%.
Taxes on Medical Marijuana in Wyoming
Medical marijuana is also illegal in Wyoming so there is also no taxation implemented because the program doesn’t exist. As mentioned above, hemp and CBD are also only considered standard products meaning there is no special taxation on the product. Therefore, one should just expect to be taxed Wyoming’s sales tax of 4%.
Possession
Possession of any amount of marijuana has not been decriminalized in Wyoming. The following penalties apply for possessing marijuana:
- 3 ounces or less: Misdemeanor, 12 months in jail and/or $1,000 fine
- More than 3 ounces: Felony, 3.5 Years in Jail, $10,000 fine
- Caught under the influence of marijuana: Misdemeanor, 6 Months in Jail and/or $750 fine
Using Marijuana in Wyoming
Using marijuana in Wyoming is still a crime no matter where one is located. There is no place where people can consume marijuana free of penalties. In fact, if one is caught under the influence of marijuana, there is a separate penalty of a $750 fine, 6 months in jail, or both. CBD oil, on the other hand, can be consumed anywhere in Wyoming. Since CBD oil contains such a small amount of THC, you can almost think of it as drinking a Kombucha. While a Kombucha does have trace amounts of alcohol, there is not enough to feel the effects and one can legally drink them anywhere. The same goes for CBD oil.
Smoking on Federal Lands
As you may know, marijuana of any kind is still illegal on a federal level. Essentially what this means is that any land that is owned by the federal government puts you in the feds jurisdiction where marijuana is illegal. Therefore, if you are caught possessing and/or consuming marijuana on federally owned land, you will be prosecuted by the feds.
Medical Marijuana in Wyoming
Wyoming, along with 16 other states have kept marijuana fully illegal. In addition, Wyoming is also one of eight states where marijuana hasn’t even been decriminalized. Many states have been working on legislation to legalize medical marijuana, but Wyoming has made no such efforts. Currently, there is no completed draft of a bill ready to be judged by congress. Therefore, even speculation of Wyoming’s medical marijuana program is difficult. We will certainly keep you updated in regard to any legislation created by the state, but for now, medical marijuana is a far way off.
How to Get a Medical Marijuana Card in Wyoming
Due to the fact that medical marijuana is still illegal in Wyoming, is is not possible to obtain a medical card. Once medical marijuana becomes legal in Wyoming, you can begin the application process. But for now, there is no application or registry to get a medical marijuana card.
Out of State Medical Cards Wyoming
Wyoming has no facilities to grow marijuana, meaning there would be no place to even use a medical marijuana card. Since there has not been a complete draft in favor of legalizing medical marijuana, it is hard to know where Wyoming stands without state medical marijuana cards. We will keep you updated as any new information may come to light.
How to Transport Marijuana in Wyoming
Transporting Marijuana in Wyoming
Since possession of marijuana is illegal in Wyoming, you cannot transport marijuana across the state. If you are caught with marijuana in Wyoming, you will face the Wyoming state police enforcement and be charged under state laws. If you are caught with marijuana it means that you either brought it from another state or illegally purchased or cultivated cannabis within the state. Either of these actions is illegal and will be punished.
Driving While Under the Influence of Marijuana
Since marijuana is still illegal in Wyoming, driving under the influence will land someone in serious trouble. First, if there are any signs of marijuana impairment, a drug inspection officer will be sent to the scene. If deemed impaired they will be charged on several accounts including a DUI, possession charges, jail time, license suspension, court-ordered rehabilitation, and a monstrous number of fines. In any state driving under the influence of marijuana is a bad idea and can harm many people, and in Wyoming, the charges are even more serious.
Driving Across State Lines with Marijuana
Despite legalization efforts in certain states, driving across state lines puts you into federal jurisdiction where marijuana is illegal. Therefore, it is illegal to drive across any state line even if you are entering a state where marijuana is illegal or even if you are crossing between two legal states.
Growing Marijuana in Wyoming
Nobody of any age or status can grow marijuana in Wyoming. There are no legal cultivators in the state either. If anyone is caught growing marijuana it will be a felony no matter how much one grows or how many times they have been caught. In addition to the felony charge, anyone who is caught growing will also be sentenced to jail and pay fines respective to the amount grown.
Resources
https://norml.org/laws/wyoming-penalties-2/
https://www.avalara.com/taxrates/en/state-rates/wyoming.html
