Wyoming Rejects the Reclassification of Cannabis

While U.S. federal authorities have reclassified cannabis as a Schedule III controlled substance, recognizing its medical use and, to a lesser extent, its legality, the Wyoming Attorney General has decided that the state will continue to classify cannabis as a Schedule I substance under state law.

Wyoming Blocks the Automatic Reclassification of Cannabis

Despite a federal decision in April to reclassify medical cannabis and FDA-approved cannabis-based drugs from Schedule I to Schedule III under the Controlled Substances Act, Wyoming has officially chosen not to adopt this same change at the state level.

On July 8, Wyoming Attorney General Keith Kautz, announced that all forms of cannabis would remain classified as Schedule I substances under the Wyoming Controlled Substances Act, arguing that such a policy change should be decided by lawmakers rather than through an administrative procedure.

«The question of whether any type of marijuana should be removed from Schedule I of the Wyoming Controlled Substances Act is a matter for the Wyoming Legislature and should not be decided through an administrative regulatory process.»

This decision follows an objection filed by Mr. Kautz on May 28. Under Wyoming law, the classification of controlled substances generally aligns with changes to the federal classification. However, the state attorney general also serves as the commissioner of drugs and substances control and has the authority to object to any automatic reclassification, which triggers a review process.

There is no legal medical cannabis program in Wyoming

The attorney general justified his decision by pointing out that the Wyoming Legislature has never legalized medical cannabis nor has it established a licensing system for businesses in the medical cannabis sector.

Mr. Kautz also noted that the few cannabis-derived medicines approved by the U.S. Food and Drug Administration (FDA), includingEpidiolex, Cesamet, and dronabinol, are already classified appropriately under existing state law.

Following a public consultation held in June, the Attorney General received eight written submissions—divided equally between supporters and opponents of the reclassification—as well as one in-person testimony opposing the change. After reviewing these comments, he concluded that cannabis should remain in Category I, unless the legislature decides otherwise.

«After considering all comments from interested parties, the commissioner determined that all cannabis products, including cannabis licensed by the state for medical use, must remain in Category I of the Wyoming Controlled Substances Act.»

Federal reform continues despite resistance from the states

This situation follows a decree signed in December and an order issued in April by the acting U.S. Attorney General, Todd Blanche, which immediately transferred the products made from medical marijuana regulated by the states under Annex III at the federal level. This change also applies to FDA-approved cannabis-based medications.

At the same time, broader audiences are continuing before an administrative judge at the DEA to determine whether cannabis should be subject to a more broad reclassification nationwide, including products intended for adult use.

The federal reform could have significant implications for licensed cannabis operators, including greater access to tax deductions under federal law and the ability to apply for registration with the DEA for interstate and international trade. However, as the case of Wyoming illustrates, state laws do not necessarily automatically follow changes in federal policy.

Wyoming is not officially a party to the ongoing legal challenges to the federal reclassification process. Instead, these challenges were filed by the’Indiana and the Nebraska, as the latter has legalized medical cannabis, although it does not yet provide patients with legal access to it.

A State That Continues to Resist Cannabis Reform

The Wyoming remains one of the few U.S. states that does not have a program for medical marijuana nor the legalization of use by adults.

Efforts to reform the state’s cannabis laws have failed repeatedly. In 2023, activists were unable to gather enough support to place a medical cannabis initiative on the 2024 ballot, citing inconsistent guidance from election officials. Previous legislative proposals, including a bipartisan decriminalization bill in 2022 and a measure to legalize adult use in 2021, also failed to pass.

The state has also taken a restrictive approach to hemp-derived cannabinoids. In 2024, Wyoming banned hemp-based products that comply with the Farm Bill, a measure that was upheld by the courts the following year.

Wyoming is not the only state reevaluating the implications of the federal reclassification initiative.Alabama also opposed the automatic adoption of this federal change, while the Tennessee recently passed legislation preventing federal reclassification from triggering a review of its own cannabis laws. In South Carolina, for its part, some lawmakers have argued that existing so-called «trigger» laws could have the opposite effect by automatically recognizing medical cannabis following federal reform.