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Is CBD Legal in Wyoming? State Hemp Rules in 2026

As of November 3, 2026, Wyoming allows hemp CBD with up to 0.3% THC, counting delta-8, and no synthetic substances. THC edibles and vapes are 18+.

Last checked: Based on official sourcesNot legal advice.

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In short

As of November 3, 2026, any person may buy, sell, and use hemp products in Wyoming, including CBD, if they contain no synthetic substance and no more than 0.3% THC on a dry weight basis.[1]

Since July 1, 2024, Wyoming counts delta-8 and other psychoactive forms of THC toward the 0.3% limit, and it lists delta-8 THC as a Schedule I drug. A federal appeals court upheld this law on October 27, 2025.[2, 3, 4]

Edible and vaping products that contain THC may not be sold to anyone under 18. Marijuana is a Schedule I drug in Wyoming, and we found no medical or adult-use program in state law.[3, 5]

At a glance

Is CBD Legal in Wyoming? State Hemp Rules in 2026
TopicStatus
Is CBD legal?Yes. As of November 3, 2026, Wyoming law says any person may possess, buy, sell, transport, and use hemp and hemp products, within the THC limit, the ban on synthetic substances, and the under-18 sales ban. CBD made from hemp counts as a hemp product if it has no synthetic substance and no more than 0.3% THC.[1]
Hemp definition and THC limitHemp is any part of the cannabis sativa plant, or a product, extract, or cannabinoid made from it, with no synthetic substance and a THC concentration of not more than 0.3% on a dry weight basis, measured after decarboxylation or by a similar reliable method. THC here includes delta-9 THC, its psychoactive analogs, and its psychoactive isomers, such as delta-8.[1, 4]
CBD in food and drinksWyoming law has no specific rule on CBD in food. It allows the sale of hemp products in general and bars selling edible products that contain THC to anyone under 18. As of November 3, 2026, the Wyoming Department of Agriculture's food safety pages do not mention CBD, and we could not confirm how Wyoming food rules treat added CBD in official sources.[1, 5, 6]
Intoxicating hemp products (delta-8, THCA flower and similar)Not allowed above the limit. Delta-8 THC counts toward the 0.3% THC limit, and Wyoming lists delta-8 THC, natural or synthetic, as a Schedule I drug. No one may add any synthetic substance to hemp products. The limit is measured after decarboxylation, so in our reading THCA flower that tests above 0.3% THC this way is not hemp in Wyoming.[1, 3, 4]
Minimum age18 for THC edibles and vapes. No person or retailer may sell, give away, or deliver edible or vaping products that contain THC to anyone under 18. The law makes an exception for CBD oil with not more than 0.3% THC sold to a parent or guardian for their child. We found no age limit for products with no THC.[5]
Who can sell itAny person may sell hemp products, and we found no state license for stores. A Wyoming Department of Agriculture license is needed to produce or process hemp, and applicants must be Wyoming residents or Wyoming business entities. The yearly fee is $750, or $500 for nonprofit or educational groups. We did not find a Wyoming rule on online sales or delivery.[1, 7]
Labels and lab testingUnder Wyoming Department of Agriculture hemp rules (Chapter 61), in effect since May 23, 2024, licensed processors must have a certified lab test a sample from every batch of hemp products for THC, and they may not sell a product that is over the allowed THC level. These rules are aimed at licensed hemp processors, not stores, and they do not set label requirements. We could not find Wyoming labeling rules for CBD products sold in stores as of November 3, 2026, and we found no state testing rule for hemp products made outside Wyoming. The Department of Agriculture also inspects, samples, and tests the products of licensed hemp producers and processors.[1, 7, 8]
Medical and adult-use marijuanaAs of November 3, 2026, neither is legal. Marijuana is a Schedule I drug in Wyoming, and state law bars doctors from prescribing marijuana or THC, except for drugs approved by the U.S. Food and Drug Administration. A former state law on the medical use of hemp extracts was repealed in 2019. A 2026 bill to change how marijuana is scheduled was not considered for introduction.[3, 9]
November 12 and December 11, 2026Wyoming uses its own hemp definition and does not tie it to the federal one. From November 12, 2026, federal law excludes cannabinoids that the hemp plant cannot make naturally; Wyoming already bans synthetic substances in hemp. The rest of the federal change, including a limit of 0.4 mg total THC per container, is set for December 11, 2026, unless Congress delays it again. Wyoming has a percentage limit but no per-container limit, so some products legal under Wyoming law may fall outside the federal hemp definition after that date. This is our reading; we found no state guidance on it.[1, 10, 11]

How Wyoming defines hemp

Wyoming law defines hemp, or a hemp product, as all parts, seeds, and varieties of the plant cannabis sativa L., or a product, derivative, extract, cannabinoid, isomer, acid, or salt made from it, with no synthetic substance and a THC concentration of not more than 0.3% on a dry weight basis. The level is measured after decarboxylation or by another similarly reliable testing method.[1]

THC means delta-9 THC, psychoactive analogs of THC, and any psychoactive structural, optical, or geometric isomers of THC. A synthetic substance means any synthetic THC, synthetic cannabinoid, or any other drug or psychoactive substance.[1, 5]

Wyoming's controlled substances law does not apply to the possession or use of hemp or hemp products, or to hemp production, processing, or testing done under the hemp law.[3]

The 2024 hemp law

Senate File 32 (Enrolled Act 24, Chapter 56 of the 2024 Session Laws) was signed by the governor on March 7, 2024. Its changes to the hemp definition took effect on July 1, 2024.[2, 12]

As the federal appeals court described it, the law made three main changes. It removed synthetic substances from the hemp definition. It widened the THC definition to include delta-8, so delta-8 and delta-9 THC together must stay at or below 0.3%. And it added natural and synthetic delta-8 THC to Schedule I and narrowed the hemp exception in the controlled substances law.[3, 4]

No person or licensee may produce, process, or sell hemp products with more than 0.3% THC, or add any synthetic substance to them. A person who intentionally breaks the hemp law commits a misdemeanor, with a fine of up to $750, up to six months in jail, or both. A person who sells hemp products containing a synthetic substance cannot get a hemp license.[1]

The court challenge

Hemp businesses sued in 2024 to block the law. On October 27, 2025, the U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of their case in Green Room LLC v. State of Wyoming.[4]

The court found that the businesses lacked a substantial federal right to support their preemption claim, did not show a Dormant Commerce Clause violation, did not show a regulatory taking, and did not show the law is unconstitutionally vague.[4]

The court noted that under the 2024 law it became unlawful in Wyoming to make, deliver, or possess with intent to deliver hemp products with more than 0.3% THC, counting delta-8 and delta-9, or with synthetic substances, even though such products may be legal under federal law.[4]

Selling, age limits, testing, and labels

No person or retailer may sell, give away, or deliver edible or vaping products that contain THC to anyone under 18. Fines are up to $250, $500, and $750 for a first, second, and third violation within 24 months. After a third violation within two years, the Department of Revenue or the county district attorney may ask a court to stop those sales at the store for up to 180 days.[5]

This ban does not apply to selling CBD oil with not more than 0.3% THC to a parent or guardian for use by their child under 18.[5]

A license from the Wyoming Department of Agriculture is needed only to produce or process hemp. The department's hemp plan was accepted by the U.S. Department of Agriculture on February 20, 2020, and its final rules took effect on August 13, 2020. The current version of its hemp rules (Chapter 61) has been in effect since May 23, 2024.[1, 7, 8]

Chapter 61 requires licensed processors to have a certified lab test a sample from every batch of hemp products for THC, and it bars them from selling a product over the allowed THC level. These rules are aimed at processors, not stores, and they do not set label requirements. We found no state retail license, no labeling rules for products in stores, and no rule on online sales.[1, 8]

Marijuana and bills that did not pass

Marijuana is listed in Schedule I of Wyoming's controlled substances law, and the law bars doctors from prescribing marijuana or THC, except for drugs approved by the U.S. Food and Drug Administration. A former article on the supervised medical use of hemp extracts was repealed in 2019.[3]

House Bill 267 (2025) would have required licenses for makers, distributors, and retailers of consumable hemp products through the Wyoming liquor division and taxed retail sales. It was not considered for introduction on February 3, 2025.[13]

House Bill 166 (2026) would have changed how marijuana is scheduled and used. It was not considered for introduction on February 13, 2026.[9]

How the federal hemp changes may affect Wyoming

Wyoming's hemp definition is written in state law and does not refer to the federal definition. In our reading, a federal change does not rewrite it automatically.[1]

From November 12, 2026, federal law excludes from hemp the cannabinoids the plant cannot make naturally. Wyoming already bans synthetic substances in hemp products.[1, 10, 11]

The rest of the federal change, including a limit of 0.4 mg total THC per container for finished products, is set for December 11, 2026, unless Congress delays it again. Wyoming measures THC after decarboxylation but has no per-container limit. In our reading, some CBD products that meet Wyoming's 0.3% limit may not meet the federal limit after that date. We found no state statement on this.[1, 10, 11]

What changes next

  1. Federal change on cannabinoids that plants cannot naturally make

    From November 12, 2026, federal hemp law excludes cannabinoids the hemp plant cannot make naturally. Wyoming already bans synthetic substances in hemp.[1, 10, 11]

  2. Rest of the federal hemp change

    The rest of the federal change, including the 0.4 mg total THC per container limit, is set for December 11, 2026, unless Congress delays it again.[10, 11]

Who regulates hemp and CBD

Timeline

  1. USDA accepts Wyoming's hemp plan

    The Wyoming Department of Agriculture's hemp plan was accepted; final rules followed on August 13, 2020.[7]

  2. Governor signs the 2024 hemp law

    Senate File 32 (Enrolled Act 24) became Chapter 56 of the 2024 Session Laws.[2, 12]

  3. Current hemp rules take effect

    The current version of the Department of Agriculture's hemp rules (Chapter 61) took effect. It requires licensed processors to have every batch of hemp products lab-tested for THC.[8]

  4. New hemp definition takes effect

    Synthetic substances were excluded from hemp, and delta-8 THC began to count toward the 0.3% limit.[2, 4]

  5. Consumable hemp bill not considered

    House Bill 267, which would have licensed and taxed consumable hemp products, was not considered for introduction.[13]

  6. Federal appeals court upholds the law

    The Tenth Circuit affirmed the dismissal of the hemp businesses' challenge in Green Room LLC v. State of Wyoming.[4]

  7. Marijuana scheduling bill not considered

    House Bill 166 was not considered for introduction.[9]

Sources

Show 13 references
  1. Wyo. Stat. §§ 11-51-101 to 11-51-107 (Hemp), Title 11 compiled statutes, Wyoming Legislature
  2. SF0032, Enrolled Act No. 24, 2024 Budget Session (Hemp amendments)
  3. Wyo. Stat. §§ 35-7-1014(d), 35-7-1031(c), 35-7-1063 and 35-7-1901 to 1903 (Schedule I; prescriptions; hemp exception; repealed hemp extract article), Title 35 compiled statutes
  4. Green Room LLC v. State of Wyoming, Nos. 24-8053 & 24-8054 (10th Cir. Oct. 27, 2025)
  5. Wyo. Stat. §§ 14-3-301 and 14-3-310 (Definitions; prohibited sales or delivery of edible products and vaping products), Title 14 compiled statutes
  6. Food Safety (Wyoming Department of Agriculture, Consumer Health Services)
  7. Hemp Program (Wyoming Department of Agriculture)
  8. Chapter 61: Rules Pertaining to Hemp, Wyoming Department of Agriculture (Wyoming Administrative Rules, effective 05/23/2024)
  9. HB0166 Marijuana-class III substance, Bill Digest, 2026 Budget Session
  10. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  11. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
  12. SF0032 Bill Digest, 2024: signed March 7, 2024; Chapter 56, Session Laws of Wyoming 2024
  13. HB0267 Regulation of hemp, Bill Digest, 2025 General Session

Other states

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.