Wyoming will continue treating marijuana as a Schedule I controlled substance, despite a new federal policy that moved certain medical cannabis products into Schedule III. Attorney General Keith Kautz announced the decision on July 7 after a public hearing drew input from just nine people. The move keeps Wyoming marijuana laws among the most restrictive in the country and leaves any broader medical cannabis reform up to state lawmakers.
Key Takeaways
- Wyoming will keep marijuana and state-licensed medical cannabis products in Schedule I.
- The decision rejects automatic alignment with a recent federal Schedule III change.
- Eight people submitted written comments, and one person testified at the public hearing.
- Wyoming remains without a licensed medical cannabis program.
- A 2020 University of Wyoming survey found strong support for doctor-recommended medical marijuana.
Why Wyoming Marijuana Laws Are Not Following the Federal Change
Kautz serves as both Wyoming attorney general and the state’s commissioner of drugs and substance control. Under Wyoming law, the commissioner generally must follow federal scheduling changes within 30 days unless he formally objects.
Kautz filed that objection on May 27 and held a public hearing on June 18. Four email commenters supported keeping marijuana in Schedule I, four supported moving it to Schedule III, and one person testified in favor of maintaining Schedule I.
After reviewing the comments, Kautz determined that all marijuana products, including those covered by medical cannabis licenses issued in other states, would remain in Schedule I under Wyoming’s Controlled Substances Act.
His office argued that recognizing another state’s medical marijuana licensing system would conflict with decisions already made by the Wyoming Legislature, which has not legalized medical cannabis or approved the recognition of out-of-state licenses.
What the Federal Schedule III Order Actually Changed
The state decision followed an April 2026 order signed by Acting U.S. Attorney General Todd Blanche. The federal action placed FDA-approved drugs containing marijuana and medical marijuana products covered by qualifying state-issued licenses into Schedule III.
It also covered certain marijuana extracts and naturally derived delta-9 THC products within those regulated categories. The order did not move all marijuana products nationwide into Schedule III or legalize adult-use cannabis.
That distinction matters in Wyoming because the state does not issue medical marijuana licenses. Kautz said a policy change involving medical cannabis should come from the Legislature instead of an administrative scheduling process.
Wyoming will still recognize cannabinoid medications individually when they receive FDA approval. Products such as dronabinol and nabilone have long been treated separately from marijuana, while the FDA-approved CBD medication Epidiolex is no longer federally controlled.
Strict Cannabis Penalties Remain in Place
The decision preserves the criminal penalties attached to Wyoming marijuana laws. Being under the influence of cannabis can carry up to six months in jail. Possessing three ounces or less may lead to as much as 12 months of incarceration, while possessing more than three ounces can bring a prison sentence of up to five years.
Selling, delivering, or possessing marijuana with the intent to distribute is a felony that can carry up to 10 years in prison and a $10,000 fine.
Wyoming also remains one of the few states without any licensed and regulated medical marijuana program. Patients who legally obtain cannabis through another state’s system do not receive those protections after entering Wyoming.
Public Support Has Not Produced Legalization
Wyoming’s position stands in contrast with earlier public opinion data. A December 2020 survey from the University of Wyoming found that 85% of residents supported legalizing marijuana for medical purposes when prescribed by a doctor.
The same survey found that 75% believed people convicted of possessing small amounts of marijuana should not serve jail time. Even so, cannabis reform has struggled to advance through the Legislature or the ballot process.
Activists attempted to place medical marijuana and decriminalization measures before voters in 2024, but the campaigns did not collect enough valid signatures to qualify.
Final Thoughts
Wyoming’s decision highlights how state cannabis policy can remain unchanged even after a federal scheduling shift. The federal order created a narrower Schedule III pathway for certain approved or state-licensed medical products, but it did not require Wyoming to create a medical cannabis market. For now, meaningful changes to Wyoming marijuana laws will depend on the Legislature or a successful future ballot campaign.
