Wyoming Defies Federal Marijuana Rescheduling, Keeps Cannabis Fully Illegal

Wyoming is doubling down on its prohibition of marijuana, remaining one of just a handful of states where the substance is entirely illegal for both medical and recreational purposes heading into the second half of 2026.

State law continues to list marijuana and THC as Schedule I controlled substances, meaning any possession, use, cultivation, or distribution carries criminal penalties. Even small amounts can lead to misdemeanor charges with up to six months in jail, while larger offenses trigger felony prosecution.

The latest reinforcement of that policy came Tuesday when Attorney General Keith G. Kautz issued a formal objection to aligning state scheduling with recent federal changes. The Trump administration’s decision to move marijuana to Schedule III does not apply in Wyoming after Kautz exercised his authority to block automatic adoption.

“The Wyoming Legislature has not legalized medical marijuana, has not approved a state licensed medical marijuana regulatory scheme, or approved of recognizing any other state’s medical marijuana issued licenses,” Kautz stated. He argued that rescheduling would be “inconsistent with the police powers exercised to date by the Wyoming Legislature.”

Kautz emphasized that the question of removing marijuana from Schedule I belongs solely with lawmakers in Cheyenne, not through administrative rulemaking. The move ensures Wyoming will not recognize state-issued medical marijuana programs or ease enforcement despite the federal shift finalized earlier this year.

Advocates have tried for years to change course. Multiple ballot initiatives and legislative campaigns for medical marijuana legalization have fallen short in recent election cycles and legislative sessions. Bills introduced as recently as 2026, including HB0166, failed to advance. The Wyoming Legislature has consistently rebuffed reform amid a conservative political climate.

While hemp products containing 0.3% THC or less remain legal, any cannabis exceeding that threshold stays strictly prohibited. Local officials and law enforcement continue to stress that out-of-state visitors and residents alike face real legal consequences for violations.

Although some polls have shown public support for limited medical access, that backing has not translated into legislative success. The state’s small population and strong emphasis on traditional values have kept Wyoming on the sidelines as most of the country moves toward legalization.

With federal policy evolving rapidly, Wyoming’s decision underscores a deliberate choice to maintain control at the state level. Unless the Legislature acts, the status quo of full prohibition is expected to hold for the foreseeable future.