The attorney general of Wyoming has determined that the state will not reclassify marijuana under state law under a federal rescheduling From the Trump administration.
“The Wyoming Legislature has not legalized medical marijuana, adopted a state-licensed medical marijuana regulatory scheme, or agreed to recognize any other state’s medical marijuana licenses,” Attorney General Keith Kautz (R) said Tuesday. “Therefore, making marijuana subject to a state medical marijuana license in Title III of the Wyoming Controlled Substances Act is inconsistent with the police powers previously exercised by the Wyoming Legislature.”
“The question of whether to remove a type of marijuana from Schedule I of the Wyoming Controlled Substances Act is a matter for the Wyoming Legislature and should not be done through the administrative rulemaking process,” he said.
The Legislature, however, previously enacted a law stating that “if a substance is designated, rescheduled, or eliminated as a controlled substance under federal law,” the drug and substance abuse commissioner “must control the substance under this law in the same manner as federal law” within 30 days.
Under state law, the attorney general serves as the drug and substance abuse commissioner and can formally challenge the state’s automatic rescheduling to prevent it from happening, subject to a public hearing, “giving all interested parties an opportunity to be heard.”
Kautz called a hearing in June to consider the issue, and also accepted public comments via email.
“The Commissioner received eight comments by email. Four of the comments expressed support for leaving medical marijuana and marijuana products in Schedule I of the Wyoming Controlled Substances Act. Four of the comments supported leaving medical marijuana and marijuana in Schedule III of the Wyoming Controlled Substances Act. All of the comments, both by email and in person, focused on the important policy considerations surrounding the legalization of marijuana and marijuana products.
According to the Attorney General, “all marijuana products currently approved by the United States Food and Drug Administration are already scheduled under the Federal Controlled Substances Act.” referring to prescription medications such as dronabinol, Cesamet, and Epidiolex. “The Commissioner will continue to appropriately monitor individual substances as they are approved by the United States Food and Drug Administration.”
“After considering all stakeholder comments, the commissioner has determined that all marijuana products, including marijuana subject to the state’s medical marijuana license, will remain in Schedule I of the Wyoming Controlled Substances Act,” Kautz’s announcement reads. “This decision is final unless changed by statute.”
Under an order issued in April by US Attorney General Todd Blanche, marijuana products regulated by a state medical cannabis license were immediately changed from Schedule I to Schedule III of the Controlled Substances Act (CSA). Annex, as well as marijuana products approved by the Food and Drug Administration (FDA).
An an administrative hearing now underway is examining a broader rescheduling of cannabisincluding for recreational products.
In Wyoming, activists have tried unsuccessfully to put it down initiatives to legalize medical cannabis and decriminalize possession of marijuana on the ballot.
State lawmakers have also considered legislation on the issue, but Wyoming remains one of the few states without legal access to medical marijuana.
In 2022, the speaker of the Wyoming House introduced a bipartisan decriminalization bill to remove criminal penalties for possession of small amounts of cannabis and replace the state’s current felony charge with a $100 fine. But that legislation he did not receive a vote Despite the support of top GOP lawmakers.
A bill to legalize and regulate adult cannabis in Wyoming he advanced from a House committee In 2021, but at the end of that session it didn’t move anymore.
A A survey released in 2020 has been found It found that 54 percent of Wyoming residents approve of allowing adults in the state to “legally possess marijuana for personal use.”
Meanwhile, other states without comprehensive medical cannabis programs are also grappling with changes to state marijuana laws that could trigger federal redistricting action.
A The GOP senator from South Carolina, for example, said that “medical marijuana is now legal.” under a trigger law in the state.
In May, the governing bodies The Alabama Department of Public Health voted against federal rescheduling of marijuana after health officials said they need more time to determine how to implement the change at the state level.
Tennessee Governor Bill Lee (R), on the other hand, signed the legislation this session block automatic review that could have legalized medical marijuana Under state law, after federal drug rescheduling.
user photo Carlos Gracia.