Wyoming's chief legal officer has formally blocked the state from automatically rescheduling marijuana, even as the Trump administration moves ahead with reclassifying cannabis from Schedule I to Schedule III at the federal level.
The objection, filed by Wyoming's top state official, stops an automatic trigger under state law that ties Wyoming's drug schedules to federal classifications. Without it, the state would have been required to reschedule marijuana the moment the federal change took effect.
"The Wyoming Legislature has not legalized medical marijuana, has not approved a state licensed medical marijuana regulatory scheme," the official stated in the filing, according to the objection documents.
The filing comes as President Trump's DEA prepares to finalize the rescheduling, a process that began under the Biden administration. The federal change would recognize cannabis as having accepted medical use and lower abuse potential than Schedule I drugs such as heroin.
How the objection works
Many states have laws that automatically conform their controlled substance schedules to federal classifications. Wyoming's statute includes an escape hatch: state officials can object and stop the automatic change. That is what happened here. Without the objection, cannabis would have been rescheduled under Wyoming law as soon as the federal government acted, in a state where the drug remains fully illegal.
Wyoming has no medical marijuana program, no decriminalization measures, and some of the strictest cannabis laws in the nation. Possession of any amount is a misdemeanor punishable by up to a year in jail and a $1,000 fine.
State law stays put
The objection keeps cannabis classified as Schedule I under Wyoming law regardless of federal action. The result is an odd inversion: marijuana would be less restricted under federal law than under Wyoming law, the reverse of the usual relationship between state and federal cannabis policy.
Other conservative states may follow. Oklahoma, Idaho and Kansas, none of which have medical marijuana programs, have similar provisions that could let officials block automatic rescheduling.
Effect on the industry
For cannabis businesses, the objection confirms Wyoming's place among the most restrictive states in the country. No legal pathway exists for medical or adult-use sales, and the state has shown no sign of softening its stance.
Federal rescheduling, expected to be finalized in coming months, would bring substantial tax relief to operators in legal states by ending the 280E prohibition. Wyoming has no legal cannabis businesses, so none of that relief applies there.
Neighboring Colorado and Montana both have thriving legal markets. Wyoming residents continue to cross state lines for legal cannabis, and Colorado border towns see significant sales to Wyoming customers.
What's next
The Trump administration is expected to complete the federal rescheduling process by mid-2025. When that happens, Wyoming will be one of the few states where cannabis is more restricted under state law than under federal law.
Bills to establish a medical marijuana program in Wyoming have failed repeatedly. The most recent attempt died in committee in 2024, with conservative lawmakers citing concerns about federal illegality, an argument that loses weight once rescheduling is complete.
Even with that justification weakened, reform appears years away. The legislature has consistently rejected even modest medical marijuana proposals, and public polling shows Wyoming voters are among the most skeptical of legalization in the nation.
This article is based on original reporting by www.marijuanamoment.net.
