Is CBD Oil Legal in Wyoming?

Is CBD Oil Legal in Wyoming?

Yes, CBD (cannabidiol) oil is legal to possess and use in Wyoming, provided the oil is derived from hemp plants and contains no more than 0.3% THC. CBD became legal nationwide through the passage of the 2018 Farm Bill. Consequently, Governor Mark Gordon signed House Bill 171 into law in 2019, bringing the state's hemp CBD law in line with the Farm Bill. The bill delisted hemp from the state’s controlled substance schedule and authorized hemp and its extracts for use by residents aged 18 and over. It further established regulations for cultivating, testing, and processing hemp products in the state.

Marijuana-derived CBD is illegal for medical or recreational use in Wyoming. Marijuana contains high levels of THC, making it a controlled substance, per the Wyoming Public Health and Safety Statutes. In 2015 Wyoming approved CBD for doctor-supervised medical use for patients with intractable epilepsy or seizure disorders through House Bill 032. The bill permits qualifying patients with a written statement from a neurologist to participate in the hemp extract program administered by the Wyoming Department of Health (WDH).

What are Wyoming CBD Laws in 2024?

The Agricultural Improvement Act of 2014, also known as the 2014 Farm Bill, differentiated hemp from marijuana. It defined it based on the cannabis plant's THC concentration of not more than 0.3% on a dry weight basis. The bill further established the Hemp Research Pilot Program, permitting the cultivation and research of hemp and its derivatives, including CBD, by states’ departments of agriculture or institutes of higher learning. Under the 2014 Farm Bill, hemp remained a Schedule I controlled substance. Wyoming enacted House Bill 230 to accommodate the changes of the 2014 Farm Bill. The bill permitted hemp possession, cultivation, and processing for research purposes, provided the holder obtained a license. The Act, signed into law in 2017, defines hemp as cannabis with a Delta-9 THC concentration of no more than 0.3%, effectively excluding hemp from the definition of marijuana.

The 2018 Farm Bill made modifications to the 2014 Farm Bill. It re-defined hemp, including its seeds, derivatives, extracts, and isomers, as cannabis with not more than 0.3% THC concentration by dry weight. It de-scheduled hemp as a controlled substance, removing it from the statutory definition of marijuana. The bill repealed the pilot program and authorized states to provide oversight into the cultivation, processing, and sales of hemp-derived products, including CBD, for commercial purposes within their boundaries. It relaxed federal restrictions on hemp, easing interstate commerce limitations. In 2019, HB 171, approved by Wyoming lawmakers, provides for the cultivation, processing, possession, transportation, and sale, use of hemp and hemp-derived products, including CBD, without restrictions. The bill authorized the possession, purchase, and use of hemp extracts by all adult residents in Wyoming, bringing an end to the medical use of hemp extracts by eligible persons. It effectively legalized hemp extracts, including CBD, for all Wyoming residents.

Marijuana and marijuana-derived products, including CBD-based marijuana products, are illegal in Wyoming. The state prohibits the possession, cultivation, and sale of marijuana. Sections 35-7-1039, 35-7-1002, and 35-7-1040 of the Wyoming Public Health and Safety Statutes set forth the penalties for the unlawful possession, cultivation, and sale of marijuana.

What are Wyoming CBD Possession Limits?

Wyoming has no defined CBD possession limits. Consequently, residents may legally possess any amount of CBD oil and other CBD products without restrictions, provided they are derived from hemp plants and contain no more than 0.3% THC by dry weight.

Can Doctors Prescribe CBD Oil in Wyoming?

House Bill 032 required patients with intractable epilepsy and seizure disorders to obtain written recommendations from licensed neurologists prescribing CBD oil to alleviate their conditions. However, the signing of House Bill 171 into law authorized all residents to purchase CBD oil and CBD products without a doctor's prescription. Therefore, Wyoming residents do not require a prescription to access CBD products.

How Old Do You Have to Be to Buy CBD in Wyoming?

Wyoming has no statutory age requirements to buy CBD products as long as the product meets the state maximum threshold for CBD products. Nonetheless, some CBD dispensaries in Wyoming require their clientele to be 18 and older, while others require their customers to be 21 and older. Dispensaries in Wyoming may require ID cards to verify their clients' age.

What are the Licensing Requirements for CBD in Wyoming?

Anyone interested in growing or processing hemp in Wyoming must obtain a Hemp Producer or Hemp Processor License from the Wyoming Department of Agriculture (WDA). A hemp producer or processor license applicant must be 18 years or older without a prior conviction related to a controlled substance felony within the last 10 years. Prospective hemp producers and processors may apply by filling out the Hemp License Application Form. In addition to completing the application form, applicants must submit the following documents:

• A government-issued photo identification card for individuals and a Wyoming Secretary of State Certificate of Good Standing for business entities
• An aerial map or photograph of all licensed areas for the intended cultivation or processing hemp site
• A statement authorizing and granting the WDA reasonable access for random inspections in hemp production and processing facility
• A criminal history report for all key partners

Applicants for a hemp processing license must submit a statement of intended end use for hemp materials received for processing in addition to the other requirements. Hemp processor and producer licenses are valid for the year the license was obtained. All licenses expire on 31st December of each year and must be renewed to maintain hemp production or processing status. The WDA charges an application fee of $750 for individuals and business entities and $500 for educational or non-profit organizations. Prospective applicants can mail the complete application, required documents, and fees to:

Wyoming Department of Agriculture

Attn: Hemp Licensing

2219 Carey Avenue

Cheyenne, WY 82002

Wyoming hemp license applicants may also register for hemp processor or producer licenses using the Online Hemp Licensing Portal. Applicants must also fill out and upload a copy of the Acknowledgement and Landowner Agreement form in addition to the other requirements for a paper application. After applying online, applicants can mail the fees referencing their business name to the WDA.

The state does not require CBD vendors to obtain a license to sell CBD products. Wyoming complies with the Federal Food, Drug, and Cosmetic Act (FCDA) label requirements. Consequently, all CBD products in Wyoming should be sold in a child-resistant package and must not contain medical or health claims. CBD products sold in Wyoming must carry the following information on the product labels:

• Name and address of the manufacturer
• FDA warning statement
• Material facts such as manufacturing and expiry date, batch codes, net weight, certificate of analysis, and suggested use
• A barcode or QR code linked to the manufacturer’s website containing product material facts
• Ingredient list clearly stating the amount of active CBD and THC concentration per serving
• The type of CBD - Full-spectrum, broad-spectrum, or isolate

Where to Buy CBD in Wyoming

CBD oil and other CBD products with no more than 0.3% THC are legal in Wyoming. Residents can buy them from CBD dispensaries, wellness centers, vape stores, pharmacies, and other health stores across the state. Wyoming law permits residents to purchase CBD products from online stores and have them delivered to their local addresses. Online purchases of CBD products can be made directly from the product brand or third-party retailers.

What is CBD Oil?

CBD oil is made by extracting cannabidiol from the hemp plant using a solvent. The resulting extract, a thick oily paste, is combined with a carrier oil, such as coconut or hemp seed oil.

CBD oil is high in CBD but may contain other cannabinoids, including THC. CBD is an active, naturally occurring chemical derived from marijuana and hemp plants. It is more abundant in hemp but found in trace amounts in marijuana. Marijuana plants have numerous chemical compounds, with tetrahydrocannabinol (THC) being the most active and abundant compound. Although CBD and THC have similar structures, their difference lies in the arrangement of their atoms. This difference in chemical compositions influences how they affect the body.

CBD is legal in Wyoming, provided the CBD product is hemp-derived and does not contain more than 0.3% TH. In Wyoming, CBD is widely available in the form of oils. However, it is also sold as gummies, cosmetics, tinctures, soft gel capsules, extracts, vapes, lotions, and edibles.

What Does CBD Do?

CBD is a non-intoxicating cannabinoid that interacts with the endocannabinoid system (ECS) in the body. However, they do not affect the CB1 and CB2 receptors the way THC does. CBD interacts with the receptors indirectly, preventing the ECS from breaking down. Its interaction produces feelings of well-being rather than mind-altering effects.

Research shows that CBD has neuroprotective properties that can be used as an alternate treatment to certain conditions, such as:

• Treating epilepsy and seizures
• Treating pain and inflammation
• Narcotics addiction management and treatment
• Alleviating inflammatory skin conditions
• Alleviating chemotherapy side effects
• Offsetting anxiety and depression

CBD is safe for consumption. Notwithstanding, CBD consumers may experience some side effects, which may be temporary or adverse but not fatal. Common side effects of consuming CBD include dry mouth, slow response time, fatigue, loss, red eyes, impaired cognition, and increased heart rate.

Does CBD Show Up on Wyoming Drug Test?

CBD, unlike THC, does not show up on drug tests in Wyoming. Most drug tests look for THC and its metabolites. However, if the CBD product contains a high level of THC, a drug test would detect THC metabolites in the user’s system. Wyoming residents must avoid consuming CBD products with more than 0.3% THC to prevent failing drug tests.