Wyoming will retain cannabis and related products under the state’s most restrictive controlled substance category, declining to follow a recent federal change that shifted some cannabis-based products into a lower category.
The state Attorney General’s Office announced that Wyoming’s Commissioner of Drugs and Substances Control issued a final order opposing the federal reclassification.
The federal action stemmed from a rule released by the DOJ on April 28. Under that rule, cannabis contained in products approved by the FDA, along with products associated with state-regulated medical cannabis programs, was moved to Schedule III under the CSA. The change also covered certain cannabis extracts and naturally occurring forms of delta-9-tetrahydrocannabinol.
Wyoming law generally aligns state-controlled substance schedules with federal classifications. However, the state’s commissioner has the authority to reject federal adjustments by filing a formal objection. State officials exercised that authority on May 28, submitting an objection to the federal cannabis rule.
In the final decision, state officials said cannabis-related medications that have received FDA approval are already placed appropriately under Wyoming law. Dronabinol is currently categorized as a Schedule III substance in the state, while Cesamet remains in Schedule II. Epidiolex has not been considered a controlled substance in the state since 2020.
The commissioner further concluded that adopting the federal changes would be inconsistent with existing state statutes. Wyoming has not enacted legislation permitting medical cannabis, created a state licensing system for medical cannabis, or acknowledged medical cannabis authorizations granted by other states.
A public hearing regarding the proposed objection took place in mid-June. According to state officials, 8 written comments were submitted before the hearing. Public opinion was evenly divided, with half supporting the state’s plan to keep cannabis in Schedule I and the other half opposing it. During the hearing, one individual testified in favor of retaining the current classification.
Following a review of the written submissions and testimony, the commissioner determined that cannabis products will remain in Schedule I under the state Controlled Substances Act. The ruling also applies to cannabis that may qualify for medical use in other states.
Medications derived from cannabis that have been approved by the FDA will continue to be addressed individually under current Wyoming statutes.
The final order states that any significant revisions to Wyoming’s cannabis laws should be made through legislative action rather than administrative rulemaking. Unless lawmakers choose to alter state policy in the future, cannabis and related products will continue to be treated as Schedule I controlled substances in Wyoming.
The wider marijuana industry, including entities like Green Thumb Industries Inc. (CSE: GTII) (OTCQX: GTBIF), may be unsurprised that some states like Wyoming are opting to maintain their prohibitionist stance against marijuana policy reform even as federal policy gradually shifts towards easing some longstanding restrictions on the substance.
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