Wyoming Hemp Business Licensing & Compliance

Medical and Recreational Marijuana

Wyoming remains one of the strictest states regarding cannabis-related laws. The state does not currently have a legal cannabis market, and cannabis possession and usage can lead to severe penalties. Cannabis arrests for being under the influence can result in up to 6 months of incarceration and a $750 maximum fine. Possession of 3 ounces or less can lead to up to 12 months of incarceration and a $1,000 maximum fine, while possession of more than 3 ounces is considered a felony, punishable by up to 5 years of incarceration and a $10,000 maximum fine. Additionally, paraphernalia charges can result in up to 6 months of incarceration and a $750 maximum fine.

Legislative Efforts

In 2022, two bills were introduced: HB106 and HB143. HB106 aimed to decriminalize small amounts of cannabis for adults, a significant step for cannabis reform advocates. HB143 sought to establish a limited medical cannabis program for patients with serious health conditions. However, neither bill advanced or was discussed further. Due to these challenges, activists are looking to 2024 for potential inclusion of cannabis-related ballot measures.

Historical Efforts

  • HB209: Proposed to regulate, legalize, and tax adult-use cannabis. However, it was not taken up for discussion in the House chamber before the session deadline.
  • HB82: Proposed requiring state legislators to study the benefits of a medical cannabis program. Like HB209, it did not advance before the session deadline.

 

Given the current legal restrictions, there is no legal cannabis industry in Wyoming. The state’s business climate remains unaffected by cannabis operations, unlike its neighboring states where cannabis businesses contribute to the economy.

Future Outlook

The ongoing discussions and legislative efforts suggest a gradual shift towards potential legalization. However, significant opposition remains, particularly from conservative lawmakers who have historically blocked cannabis reform efforts.

Hemp

Wyoming legalized hemp cultivation with the passage of House Bill 171 in 2019, following the federal 2018 Farm Bill, which legalized hemp nationwide by removing it from the list of controlled substances and defining it as cannabis containing less than 0.3% THC. The Wyoming Department of Agriculture (WDA) oversees the state’s hemp program, ensuring compliance with state and federal regulations.

Types of Licenses

The WDA offers several types of licenses within the hemp industry:

  • Hemp Grower License: Permits the cultivation of industrial hemp.
  • Hemp Processor License: Allows for the processing of hemp into various products.

 

Costs of Acquisition

  • Application Fees:
    • Hemp Grower License: $100
    • Hemp Processor License: $100
  • Annual Licensing Fees:
    • Fees range from $100 to $500 depending on the scale of the operation.

 

Application Process

  • Pre-Application Preparation:
    • Research Requirements: Understand all relevant state and federal regulations.
    • Secure Location: Ensure the proposed site complies with zoning and land use laws.
    • Develop Business Plan: Prepare necessary documentation, including security plans, operational procedures, and financial plans.
  • Submit Application:
    • Complete Forms: Fill out the appropriate application forms available on the WDA website.
    • Pay Fees: Submit the non-refundable application fee.
    • Provide Documentation: Include detailed site plans, proof of legal access to the site, and financial statements.
  • Application Review:
    • WDA Review: The WDA reviews applications to ensure compliance with state and federal laws.
    • Background Checks: Conducted on all applicants and key personnel.
  • Inspection:
    • Site Inspection: The WDA conducts on-site inspections to verify compliance with regulatory standards.
  • Licensing:
    • Issuance: Upon successful review and inspection, the WDA issues the license.

 

Restrictions and Compliance

Hemp businesses in Wyoming must adhere to various restrictions and compliance requirements:

  • THC Testing: All hemp and hemp products must be tested to ensure THC levels do not exceed 0.3% on a dry weight basis. Testing must be conducted by a WDA-approved laboratory.
  • Record Keeping: Licensees must maintain detailed records of planting, harvesting, and processing activities, which must be made available to the WDA upon request.
  • Reporting Requirements: Regular reports detailing cultivation and production activities must be submitted to the WDA to ensure ongoing compliance.
  • Zoning and Land Use: Cultivation and processing sites must comply with local zoning regulations, including restrictions on proximity to schools, residential areas, and other sensitive locations.

Psychedelics

  • State Scheduling of Psychedelics: Psychedelics such as psilocybin, LSD, and MDMA are classified as Schedule I controlled substances under both federal and Wyoming state law, indicating they have a high potential for abuse, no accepted medical use, and a lack of accepted safety for use under medical supervision.
  • Ketamine and Telehealth Laws: Ketamine, classified as a Schedule III controlled substance, is legally available for medical use in Wyoming, primarily for anesthesia and treatment-resistant depression. Wyoming’s telehealth laws permit the prescription of controlled substances, including ketamine, under specific conditions. Licensed healthcare providers can offer medical services, including the prescription of controlled substances, through telehealth platforms following proper assessment and compliance with regulations.
  • State Right to Try: Wyoming’s Right to Try law allows terminally ill patients to access investigational treatments not yet approved by the FDA. This law provides a potential pathway for the use of investigational psychedelics under specific conditions.
  • State Religious Exemptions: Wyoming does not have specific statutory exemptions for the religious use of psychedelics. However, religious freedom is protected under both the federal Religious Freedom Restoration Act (RFRA) and the Wyoming Constitution. Claims for religious use of psychedelics would likely face significant legal challenges due to their Schedule I status.

Check Other States Licensing Guide

  • Adult Use
  • Medical
  • Limited Medical
  • Illegal

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