Cannabis & Marijuana Rental Rules in Wyoming 2026
Landlord ban authority, possession and home-grow limits, medical patient housing rules, and federal Section 8 restrictions in Wyoming.
Wyoming is one of the most restrictive cannabis states in the country. There is no recreational program and no operational medical marijuana program, and marijuana possession remains a crime. For landlords, that removes almost all of the ambiguity other states wrestle with: because cannabis use is illegal statewide, you have broad authority to prohibit it in your units, and no Wyoming statute creates a tenant right to use, smoke, or grow it. This page explains the current legal status, how far your control over smoking and cultivation extends, the lease language that actually holds up, and the separate federal rules that bind any property tied to Section 8 or public housing.
Wyoming Cannabis Legal Status
Wyoming is classified as Low-THC / CBD Only (effective 2015). The governing statute is Wyo. Stat. § 35-7-1901 (HB 32, 2015).
Landlord Authority in Wyoming
CBD ≤0.3% THC for limited conditions. Recreational marijuana illegal; possession is misdemeanor.
Wyoming's cannabis status: illegal, with a narrow CBD carve-out
Marijuana is illegal in Wyoming for both recreational and medical purposes. There is no dispensary system and no medical card that authorizes smokable cannabis. The only exception is a narrow hemp-extract (CBD) allowance for patients with intractable epilepsy who hold a state-issued Hemp Extract Identification Card, that is not a marijuana program and does not authorize a tenant to smoke or grow cannabis.
Possession of 3 ounces or less is a misdemeanor punishable by up to 1 year in jail and a fine of up to $1,000. Anything over 3 ounces, or any sale or distribution regardless of amount, is a felony. The practical takeaway for a landlord: cannabis activity on your property is criminal activity, which strengthens your position on both screening and eviction. Note the one thing that is legal, products containing less than 0.3% delta-9 THC qualify as hemp, so a tenant's CBD or hemp product is not marijuana and is not a lease issue.
Your authority to ban smoking and cultivation
Because Wyoming has passed no law shielding cannabis users in housing, your authority as a landlord tracks ordinary lease and common-law rules, and it is wide. You may prohibit all marijuana use, smoking, and cultivation as a condition of tenancy. A separate no-smoking clause can also bar tobacco and any smoking regardless of substance, which is useful because it lets you enforce on odor, smoke migration, and fire risk without having to prove what was being burned.
Cultivation deserves its own line in the lease. Growing marijuana is illegal in Wyoming and, at plant-count volumes, quickly crosses into felony territory. A cultivation ban protects you from the moisture, electrical, and mold damage grow operations cause, and it gives you clean grounds to act. What you cannot do is waive habitability, under W.S. 1-21-1202 the implied warranty of habitability cannot be modified away, so your cannabis rules coexist with, but never override, your duty to keep the unit fit to live in.
Lease clauses that hold up in Wyoming
Put the prohibition in writing rather than relying on the general illegality of the drug. A defensible lease should state that the premises are non-smoking; that any use, possession, cultivation, manufacture, or distribution of marijuana is prohibited; and that violation is a material breach and grounds for termination. Tie the clause to the lease's illegal-activity provision so a single incident is actionable.
Two drafting notes matter in Wyoming. First, distinguish marijuana from lawful hemp/CBD (under 0.3% delta-9 THC) so you are not fighting over a legal product. Second, decide how smoke and odor will be handled, a no-smoking clause that covers common areas, patios, and balconies closes the gap tenants use to argue they only smoked "outside." Because the underlying conduct is criminal, you do not need a medical-use exception; Wyoming law gives you none to honor.
Enforcement and eviction under W.S. 1-21-1002 and 1-21-1003
Wyoming evictions run through the forcible entry and detainer process in W.S. 1-21-1002 and 1-21-1003. Before filing, you must serve a written 3-day notice to quit. For a lease violation or illegal activity such as drug use, the notice is a notice to vacate and does not have to give the tenant a chance to cure, you are not obligated to accept a promise to stop.
Serve the notice in person; if the tenant cannot be found, it may be left at their home or work address. Document the basis carefully, a police report, corroborated odor complaints from neighbors, or photographs of a grow, because if the tenant contests the FED action, the court decides whether the breach occurred. The 3-day notice is the trigger for filing, not a self-executing eviction; you still obtain a court judgment before removing anyone.
The federal conflict: Section 8 and public housing
Any property receiving federal housing assistance answers to a stricter, separate rulebook. Marijuana is a Schedule I substance under the federal Controlled Substances Act, 21 U.S.C. 801 et seq., so possession and use remain federal crimes everywhere. Under Section 577 of the Quality Housing and Work Responsibility Act of 1998, public housing agencies must bar admission to HUD rental-assistance programs for illegal use of controlled substances, including state-legal medical marijuana. HUD has stated it has no discretion to admit marijuana users absent a change in federal law.
On the eviction side, 24 CFR Part 5, Subpart I requires that the lease permit termination when a household member illegally uses a drug, or when a pattern of use threatens other residents' health, safety, or peaceful enjoyment. In Wyoming this federal layer rarely creates tension, because the state already prohibits marijuana, a Wyoming Section 8 landlord and Wyoming state law point the same direction. The practical rule: on assisted units, keep your lease's drug provisions aligned with the HUD model language so admission denials and terminations survive review.
Medical Patient Housing Rules in Wyoming
Medical cannabis patients in Wyoming may be treated identically to recreational users by landlords. There is no state-law anti-discrimination requirement; the federal Schedule I framework controls. Some local jurisdictions may have ordinances providing limited protection, check the city or county where the rental unit is located.
Section 8 / HCV in Wyoming, The Federal Trap
The practical impact: a tenant holding a Housing Choice Voucher who tests positive for cannabis or self-discloses use during recertification can lose their voucher in Wyoming, regardless of any state cannabis legalization or medical card status. This is the single most common point of confusion for tenants in adult-use states.
Cannabis Rental Compliance in Major Wyoming Cities
City-level landlord risk profiles often track cannabis-related lease enforcement. View the eviction-risk and tenant-law profile for the largest Wyoming rental markets:
Sources & Methodology
- Federal: 21 U.S.C. § 812 (Controlled Substances Act, Schedule I); HUD Public Housing Occupancy Notice PIH 2014-21 (re-issued PIH 2017-13); Sessions Memorandum (Jan 4, 2018).
- Wyoming cannabis statute: Wyo. Stat. § 35-7-1901 (HB 32, 2015).
- Landlord ban authority: CBD ≤0.3% THC for limited conditions. Recreational marijuana illegal; possession is misdemeanor.
- Medical patient housing protection: Coded "No" for Wyoming based on the cited statute.
Related Guides for Wyoming Landlords
This guidance reflects Wyoming statutes in effect for 2026, including the forcible entry and detainer provisions at W.S. 1-21-1002 and 1-21-1003 and the landlord/tenant duties at W.S. 1-21-1202, together with the federal Controlled Substances Act (21 U.S.C. 801 et seq.), HUD admission rules under the 1998 Quality Housing and Work Responsibility Act, and 24 CFR Part 5, Subpart I. Cannabis reform bills did not advance in Wyoming's 2023 through 2026 sessions, so the prohibition remains current. This is general information for landlords, not legal advice; consult a Wyoming attorney before serving notice or denying an assisted-housing applicant.
Frequently Asked Questions
Is marijuana legal in Wyoming?
No. Wyoming has no recreational program and no operational medical marijuana program. Possession of 3 ounces or less is a misdemeanor punishable by up to 1 year in jail and up to a $1,000 fine, and larger amounts or any sale are felonies. The only carve-out is a hemp-extract (CBD) allowance for intractable epilepsy patients with a state Hemp Extract Identification Card.
Can a Wyoming landlord ban cannabis in the lease?
Yes, without limitation. Because cannabis is illegal statewide and no Wyoming law protects users in housing, you can prohibit all use, possession, smoking, and cultivation as a condition of tenancy. A separate no-smoking clause lets you enforce on smoke and odor regardless of substance.
Can I ban a tenant from growing marijuana?
Yes. Cultivating marijuana is illegal in Wyoming and can be a felony at plant-count volumes. A cultivation ban in the lease is enforceable and also protects you from the water, electrical, and mold damage grow operations cause.
How do I evict a tenant for marijuana use in Wyoming?
Serve a written 3-day notice to quit, then file a forcible entry and detainer action under W.S. 1-21-1002 and 1-21-1003. For illegal activity or a lease violation, the notice does not have to give the tenant a chance to cure. You still need a court judgment before removing the tenant; document the violation with reports, complaints, or photos.
Does a tenant's CBD or hemp product violate a cannabis clause?
No. Products with less than 0.3% delta-9 THC are legally hemp, not marijuana, under Wyoming law. Draft your lease to distinguish prohibited marijuana from lawful hemp/CBD so you are not disputing a legal product.
Do Section 8 or public housing rules change anything in Wyoming?
They add a stricter federal layer, but point the same way. Marijuana is Schedule I under the Controlled Substances Act (21 U.S.C. 801 et seq.). HUD rules require barring admission for illegal drug use and, under 24 CFR Part 5 Subpart I, allow termination for it. Since Wyoming already prohibits marijuana, your state lease and the federal housing rules align.
Federal authority: 21 U.S.C. § 812; HUD PIH 2014-21. State authority: Wyo. Stat. § 35-7-1901 (HB 32, 2015). Last updated October 24, 2026. For informational purposes only, not legal advice. Cannabis law is rapidly evolving and federal/state conflict creates significant compliance risk; consult a licensed Wyoming attorney before making a lease, screening, or eviction decision involving cannabis.