Wyoming Drugs Commissioner Will Not Reschedule Cannabis Under State Law Despite Federal Reforms 

Wyoming’s attorney general’s office said the state will not reschedule cannabis under state law, despite federal reforms moving medical cannabis from Schedule I to Schedule III under the Controlled Substances Act. In a policy statement released last week, the attorney general’s office said that the state has already scheduled cannabis pharmaceuticals approved by the Food and Drug Administration (FDA) – such as Dronabinol and Cesamet – as Schedule III and Schedule II drugs, respectively, and that Epidiolex is completely removed from the state drug schedule. 

The decision points out that state lawmakers have not legalized cannabis for any purposes in the state or recognized any other state’s medical cannabis licenses.   

“Therefore, placing marijuana subject to a state medical marijuana license in Schedule III of the Wyoming Controlled Substances Act is inconsistent with the police powers exercised to date by the Wyoming Legislature. The question of whether to remove any type of marijuana from Schedule I of the Wyoming Controlled Substances Act is for the Wyoming Legislature and should not be done through the administrative rule making process.” — Wyoming Attorney General’s Office, “Commissioner of Drugs and Substances Control’s Final Decision Regarding Placing FDA-Approved Drug Products Containing Marijuana and Marijuana Subject to State-Issued Licensed in Schedule III of the Wyoming Substances Act,” 7/7/26  

The notice adds that during a June hearing regarding potential state rescheduling of cannabis, eight comments were received by the Commissioner of Drugs and Substances Control. The comments were evenly split between maintaining the status quo and rescheduling cannabis to Schedule III. 

The order notes that the commissioner “will appropriately schedule products approved by the [FDA] once that agency has approved the product.”