Wyoming.

Information provided is current as of January 7, 2026, and companies are encouraged to consult with legal counsel on these types of complex matters.

Wyoming - State Specific Information

Wyoming stands as one of the most restrictive states in the nation regarding cannabis policy. For employers navigating the complex landscape of workplace drug testing and policy enforcement, understanding Wyoming's current legal framework is essential. This comprehensive guide covers everything HR professionals and business owners need to know about cannabis regulations and employer rights in the Cowboy State as of January 2026.

Current Cannabis Legal Status in Wyoming

Unlike the growing number of states embracing cannabis reform, Wyoming maintains strict prohibition on both medical and recreational marijuana use. The state has taken a firm stance against cannabis liberalization, making it one of the few remaining states without any meaningful medical cannabis program.

Medical Cannabis

Wyoming does not have a legal medical cannabis program. The state maintains only a very limited "Hemp Extract" law that applies exclusively to epilepsy patients. This narrow exception does not provide the broad medical cannabis protections seen in other states and offers minimal relief for patients seeking alternative treatments.

Recreational Cannabis

Recreational cannabis use remains completely illegal in Wyoming. The state continues to classify cannabis as a controlled substance, with possession penalties that include:

• Possession of up to 3 ounces: Classified as a misdemeanor offense
• Being under the influence: A separate misdemeanor charge in Wyoming

These penalties underscore Wyoming's commitment to maintaining traditional cannabis prohibition policies.

The Closure of the Hemp-Derived THC Loophole

One of the most significant regulatory developments in Wyoming came with the passage of Senate File 32 (SF0032) in 2024. This legislation addressed the "gray market" that emerged following the 2018 federal Farm Bill.

What Changed Under SF0032

The 2018 Farm Bill inadvertently created opportunities for hemp-derived products containing psychoactive compounds to enter the market. Wyoming's response was decisive:

• Delta-8 THC: Now classified as a Schedule I controlled substance
• Delta-10 THC: Prohibited under the same classification
• Synthetic THC isomers: Manufacture, sale, and possession are criminal misdemeanors

This policy has been upheld by federal appellate court, solidifying Wyoming's position on these substances. The practical implication for employers is significant—employees can no longer claim that a positive THC test resulted from a "legal" hemp-derived product purchased in the state.

Employer Drug Testing Rights and Policies

Wyoming's regulatory environment is highly favorable to employers who wish to maintain drug-free workplace policies. Understanding these rights helps organizations implement effective and legally compliant testing programs.

Employment-at-Will Protections

Wyoming operates as an "employment-at-will" state, which provides employers with substantial flexibility regarding drug testing:

• No cannabis use protections: Wyoming law does not protect employees who use cannabis or intoxicating hemp products
• Zero-tolerance policies: Employers can maintain strict drug-free workplace policies without exceptions
• No medical cannabis accommodations required: Unlike states with medical marijuana programs, Wyoming employers have no obligation to accommodate cannabis use
• No hemp product exceptions: The SF0032 legislation eliminates any defense based on legal hemp product consumption

Best Practices for Documentation

Robust documentation serves as a key risk mitigation strategy for Wyoming employers. Organizations should maintain comprehensive records of:

• Written drug testing policies distributed to all employees
• Signed acknowledgments from employees confirming policy receipt
• Consistent application of testing procedures across the workforce
• Chain of custody documentation for all test samples
• Records of any adverse employment actions taken based on test results

Safety-Sensitive Position Considerations

Wyoming grants employers significant discretion in defining and managing safety-sensitive positions within their organizations.

Defining Safety-Sensitive Roles

Employers have the freedom to determine which positions qualify as safety-sensitive based on job functions and potential risks. Common categories include:

• Positions involving heavy machinery operation
• Commercial driving and transportation roles
• Public safety positions
• Healthcare workers with patient care responsibilities
• Construction and industrial positions
• Any role where impairment could endanger the employee or others

Zero-Tolerance Standards

For safety-sensitive positions, zero-tolerance drug policies represent the industry standard and receive full support under Wyoming state law. Employers can confidently implement strict testing requirements for these roles without concern about legal challenges based on cannabis use claims.

Privacy Considerations in Drug Testing

While Wyoming strongly supports employer drug testing rights, organizations must still respect employee privacy throughout the testing process.

Confidentiality Requirements

Employers bear responsibility for maintaining the confidentiality of drug test results:

• Results should only be shared with authorized personnel on a need-to-know basis
• Disclosure to unauthorized individuals may expose employers to liability
• Secure storage of testing records is essential
• Clear protocols should govern who can access testing information

Dignity in the Testing Process

The drug testing process itself should be conducted in a manner that respects employee dignity:

• Use reputable, certified testing facilities
• Ensure collection procedures follow established protocols
• Avoid unnecessarily invasive or humiliating testing conditions
• Provide clear communication about testing procedures and expectations

State Regulatory Framework

The Wyoming Department of Health serves as the state regulatory agency overseeing relevant health and safety matters. However, unlike states with active cannabis programs, Wyoming does not maintain specific forms or registration requirements related to cannabis use.

Practical Recommendations for Wyoming Employers

Given Wyoming's strict cannabis prohibition, employers should consider the following strategic approaches:

Policy Development

1. Create clear, written policies that explicitly prohibit cannabis and hemp-derived THC products
2. Update existing policies to reflect SF0032 changes regarding Delta-8 and similar compounds
3. Define safety-sensitive positions clearly within company documentation
4. Establish consistent testing protocols for pre-employment, random, and reasonable suspicion testing

Implementation Strategies

1. Train supervisors on recognizing signs of impairment and proper documentation procedures
2. Partner with certified testing laboratories to ensure accurate and defensible results
3. Communicate policies clearly during onboarding and through regular reminders
4. Apply policies consistently across all employees to avoid discrimination claims

Looking Ahead

While cannabis reform continues advancing in many states, Wyoming shows no immediate signs of changing its prohibitionist stance. Employers operating in Wyoming benefit from one of the most permissive regulatory environments for maintaining drug-free workplaces. However, organizations should remain vigilant about potential legislative changes and continue consulting with legal counsel on complex employment matters.