CASPER, Wyo. — Wyoming will continue to classify marijuana and THC as Schedule I controlled substances under state law, despite a recent federal move to loosen restrictions.
The change comes after the state’s attorney general formally objected to a federal effort to reclassify certain cannabis products. In April, the Trump administration moved to shift FDA-approved cannabis products and marijuana used under qualifying state medical licenses from Schedule I to Schedule III under the federal Controlled Substances Act.
Schedule I drugs are considered to have a high potential for abuse and no accepted medical use, while Schedule III substances are seen as having a lower risk of abuse and dependence like Tylenol.
Under Wyoming law, federal changes to controlled substance classifications are automatically adopted within 30 days unless the state intervenes. The attorney general, who also serves as the state’s commissioner of drugs and controlled substances, can block the change by filing an objection and holding a public hearing.
Wyoming officials took that step, ultimately deciding to keep all marijuana products, including marijuana subject to a state medical marijuana license, classified as Schedule I.
“As stated in the original objection to the rescheduling, the decision to reschedule medical marijuana and marijuana products is an important policy decision that is best left with the Wyoming Legislature and should not be done through the administrative rule making process,” Attorney General Keith Kautz said in a press release.
Kautz also noted that Wyoming lawmakers have not legalized medical marijuana, created a regulatory system for it, or recognized medical marijuana licenses issued by other states. As a result, he said, aligning with the federal change would conflict with existing state law.
During a public hearing on the issue, the state received eight written comments. Half supported keeping marijuana as a Schedule I substance, while the other half favored moving it to Schedule III. One person also testified in person, urging officials to keep the current classification.
