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25LSO-0465
2025
STATE OF WYOMING
25LSO-0465
Numbered
2.0
HOUSE BILL NO. HB0267
Regulation of hemp.
Sponsored by: Representative(s) Singh, Andrew, Provenza and Yin and Senator(s) Rothfuss
A BILL
for
AN ACT relating to hemp products; providing for regulation of the manufacture, distribution and sale of consumable hemp products as specified; requiring licensure of consumable hemp product manufacturers, distributors and retailers by the Wyoming liquor division; imposing an excise tax on the retail sale of consumable hemp products; providing definitions; providing penalties; requiring reports; requiring rulemaking; making conforming amendments; repealing conflicting provisions; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 11
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51
‑
201 through 11
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51
‑
213 are created to read:
ARTICLE 2
CONSUMABLE HEMP PRODUCTS
11
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51
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201.
Purpose; limitations.
The purpose of this article is to regulate the manufacture, distribution and sale of consumable hemp products.
11
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51
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202.
Definitions.
(a)
As used in this article, unless the context otherwise requires:
(i)
"Batch" means any one (1) or more of the following:
(A)
A specific quantity of hemp plants that are cultivated from the same seed or plant stock, are cultivated together, are intended to be harvested together and that receive an identical propagation and cultivation treatment;
(B)
A specific quantity of hemp flower that is harvested together, is uniform and is intended to meet specifications for identity, strength, purity and composition and that receives identical sorting, drying, curing and storage treatment;
(C)
A specific quantity of hemp
‑
derived consumable product that is:
(I)
Manufactured at the same time and using the same methods, equipment and ingredients;
(II)
Uniform and intended to meet specifications for identity, strength, purity and composition;
(III)
Manufactured, packaged and labeled according to a single batch production record that is executed and documented.
(ii)
"Batch number" means a unique numeric or alphanumeric identifier assigned to a batch of hemp plants or hemp
‑
derived consumable products;
(iii)
"Business" means any of the following licensed under this article a consumable hemp product:
(A)
Distributor;
(B)
Retailer;
(C)
Manufacturer.
(iv)
"Counter" means the point of purchase in a retail establishment that provides separation designed to make an area of the retail establishment inaccessible to the customer;
(v)
"Distributor" means a person that purchases consumable hemp products from manufacturers and sells them to retailers;
(vi)
"Division" means the Wyoming liquor division within the department of revenue created under W.S. 12
‑
2
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106;
(vii)
"Franchise" means a written or oral arrangement for a definite or indefinite period, in which a person grants to another person a license to use a trade name, trademark, service mark or related characteristic and in which there is a commonality of interest in the marketing of goods or services at wholesale, retail, by lease, agreement or otherwise, including but not limited to a commercial relationship of definite or indefinite duration between a manufacturer and distributor where the distributor is granted the right to offer, sell and distribute within this state or any designated area of the state some or all of the manufacturer's consumable hemp products to retailers;
(viii)
"Independent testing laboratory" means a laboratory that meets all of the following conditions:
(A)
The laboratory holds an ISO 17025 accreditation, is registered with the United States drug enforcement administration in accordance with 21 C.F.R. § 1301.13 or holds an equivalent accreditation;
(B)
The laboratory does not have a direct or indirect interest in the person or entity whose product is being tested or in a facility that cultivates, processes, distributes, dispenses or sells consumable hemp products in this state or any other jurisdiction;
(C)
The laboratory performs tetrahydrocannabinol concentration sampling and testing using the high
‑
performance chromatography method or another method of testing authorized by the division.
(ix)
"License" means a license issued in accordance with this article;
(x)
"Manufacture" means to compound, blend, extract, infuse, cook or otherwise make or prepare consumable hemp products, including the processes of extraction, infusion, packaging, repackaging, labeling and relabeling of consumable hemp products;
(xi)
"Manufacturer" means any person who manufactures consumable hemp products;
(xii)
"Producer" means any person who engages in the process of farming and harvesting hemp that is intended to be used in the manufacture of a hemp
‑
derived consumable product;
(xiii)
"Proof of age" means a valid driver's license or other government
‑
issued identification card that contains a photograph of the person and confirms the person's age as twenty
‑
one (21) years of age or older;
(xiv)
"Retail establishment" means a place of business open to the general public for the sale of goods or services and includes a food service establishment;
(xv)
"Retailer" means any person who sells consumable hemp products for consumption and not for resale;
(xvi)
"Serving" means a quantity of a consumable hemp product indicated on the packaging of the consumable hemp product;
(xvii)
"Tincture" means hemp
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infused liquid or oils administered orally in small amounts using a dropper that indicates the serving size.
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51
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203.
Prohibited activities; penalties.
(a)
No person shall act as a distributor, manufacturer or retailer of consumable hemp products unless the person has a license as a business issued under this article and the consumable hemp product manufactured, distributed or sold at retail by the person is registered with the division as provided in this article.
(b)
No person shall do any of the following:
(i)
Knowingly sell or distribute a consumable hemp product to a person who is under twenty
‑
one (21) years of age;
(ii)
Except as provided in subsection (g) of this section, knowingly purchase a consumable hemp product on behalf of a person who is under twenty
‑
one (21) years of age;
(iii)
Except as provided in subsection (h) of this section, knowingly persuade, entice, send or assist a person who is under twenty
‑
one (21) years of age to purchase, acquire, receive or attempt to purchase a consumable hemp product;
(iv)
Knowingly distribute samples of consumable hemp products outside of a retail establishment unless specifically authorized under this article;
(v)
Knowingly sell or distribute a consumable hemp product without having first obtained proof of age from the purchaser or recipient, unless an ordinary person would conclude on the basis of appearance that the purchaser or recipient is not under the age of twenty
‑
one (21) years.
(c)
Except as provided in subsection (g) of this section, no person who is under twenty
‑
one (21) years of age shall knowingly purchase, possess or accept receipt of a consumable hemp product or knowingly present purported proof of age that is false, fraudulent or not actually that person for the purpose of purchasing or receiving a consumable hemp product.
(d)
All consumable hemp products, except beverage products that do not exceed a total of ten (10) milligrams per serving of delta
‑
8 THC, delta
‑
9 THC, delta
‑
10 THC or any combination of those, shall be maintained behind the counter of a retail establishment or in another area that is inaccessible to a customer. Any consumable hemp product beverage, including those in cases or boxes, offered for retail sale shall be merchandised in a manner to clearly indicate to consumers that the product contains hemp
‑
derived cannabinoids. Failure to maintain consumable hemp products in accordance with this subsection is a violation of this section.
(e)
No person shall deliver, ship or cause to be delivered or shipped any consumable hemp product beverage directly to any person who is not licensed under this article. It shall not be a violation of this subsection for any delivery of a consumable hemp product beverage to a customer at a retail establishment or at a location otherwise authorized under this article.
(f)
A first violation of any provision of this section shall result in a fine of not more than two hundred fifty dollars ($250.00). A second or subsequent violation of any provision of this section shall be a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
(g)
It shall not be a violation of this section for a person under the age of twenty
‑
one (21) years to possess or consume consumable hemp products under the supervision of the person's parent or guardian if the parent or guardian has a written document from a physician recommending the use of consumable hemp products for the person under the age of twenty
‑
one (21) years.
(h)
This section does not preclude law enforcement efforts to purchase consumable hemp products from retail establishments involving:
(i)
The use of a minor seventeen (17) years of age or younger if the minor's parent or legal guardian has provided consent; or
(ii)
The use of a person aged eighteen (18), nineteen (19) or twenty (20) years if the individual provides consent.
(j)
Any consumable hemp product sold or offered for sale or consumption in violation of this section is subject to seizure and forfeiture.
(k)
Nothing in this article shall:
(i)
Permit any person to undertake any task under the influence of a consumable hemp product when doing so would constitute negligence or professional malpractice or would otherwise create a danger to the person or others;
(ii)
Operate, navigate or be in actual physical control of a motor vehicle, aircraft, motorized watercraft, or any other vehicle while under the influence of a hemp
‑
derived cannabinoid;
(iii)
Require an employer to allow the use of a consumable hemp products in a workplace or allow an employee to work while under the influence of a consumable hemp product;
(iv)
Exempt a person from prosecution for a criminal offense related to impairment or intoxication resulting from use of a consumable hemp product or relieve a person from any requirement under law to submit to a breath, blood, urine or other test to detect the presence of a controlled substance.
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51
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204.
Administration.
(a)
The division shall enforce this article in a manner that may reasonably be expected to reduce the extent to which consumable hemp products are sold or distributed to persons under twenty
‑
one (21) years of age. The department of revenue shall adopt rules necessary to implement this article.
(b)
The division shall conduct random inspections of consumable hemp products distributed or available for distribution in the state for compliance with this article. Inspections under this subsection shall include the periodic sampling, analyzing and testing of consumable hemp products distributed within the state for compliance with the registration, labeling and testing requirements of this article. The division may conduct an inspection under this subsection for any reason the division determines is necessary.
(c)
Not later than November 1 of each year the division shall submit a report to the joint judiciary interim committee describing in detail the division's enforcement efforts under this article. The report shall also be made available to the public on the department of revenue's website.
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51
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205.
Licensing.
(a)
Each business shall obtain a license from the division prior to any manufacturing, distribution or retail sale of any consumable hemp product.
(b)
The application for a license under this section shall include at minimum:
(i)
The name and address of the applicant;
(ii)
The physical address and legal description of all property where the business will operate as a distributor, manufacturer or retailer;
(iii)
A statement that the applicant has not been convicted of or pled no contest to a controlled substance felony within the past ten (10) years, or in the event the applicant is not an individual person, a statement that no member, principal, officer or director of the applicant has been convicted of or pled no contest to a controlled substance felony;
(iv)
Authorization for reasonable access by the department for inspections and verifications related to this article;
(v)
Verification that the applicant is a business entity organized under the laws of Wyoming or is a Wyoming resident, as defined by rule of the department of revenue;
(vi)
Any other information required by rule of the department of revenue.
(c)
Subject to the limitations of subsection (e) of this section, the division shall issue a license, or renewal thereof, which is valid for one (1) year if:
(i)
The requirements of subsection (b) of this section are met, including that the applicant has not been convicted of or pled no contest to a controlled substance felony within the past ten (10) years; and
(ii)
A fee of two hundred fifty dollars ($250.00) for distributors or manufacturers and a fee of one hundred dollars ($100.00) for retailers per location is paid for each annual license or renewal application. If a retailer has multiple locations, the fee under this paragraph shall not exceed two thousand five hundred dollars ($2,500.00).
(d)
All fees collected under this section shall be deposited with the state treasurer in a separate account, which is hereby created and is continuously appropriated to the department of revenue for the administration of this article by the division.
(e)
Except in the case of a manufacturer who sells less than one thousand (1,000) gallons of consumable hemp product beverages per year:
(i)
No person who is engaged in the production, manufacturing, distribution or sale of consumable hemp product beverages shall hold more than one (1) type of license under this section or have any financial interest, either direct or indirect, in a person holding any of the other types of licenses under this section;
(ii)
No consumable hemp product beverage manufacturer shall directly solicit, sell or otherwise convey consumable hemp product beverages to retailers. Manufacturers of consumable hemp product beverages are authorized to solicit and sell consumable hemp product beverages to distributors. Distributors are authorized to solicit and sell consumable hemp product beverages to retailers.
(f)
The division may suspend, revoke or not renew any license issued under this article if, after notice and opportunity for a hearing, the division finds the provider has violated this article or any rule promulgated under this article.
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51
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206.
Testing requirements.
(a)
Each manufacturer shall have all consumable hemp products or each batch of consumable hemp products tested prior to distribution to a distributor for distribution in Wyoming or before distributing the product to a retailer. If a consumable hemp product is packaged in a manner that may be sold to the ultimate consumer after being delivered to the distributor and the distributor does not open the package, the distributor is not required to further test the consumable hemp product under this section. If the consumable hemp product or batch of consumable hemp products is not packaged in a manner that may be sold to the ultimate consumer after being delivered to the distributor or if the distributor opens the package, the distributor shall have the consumable hemp product tested prior to distribution as provided in this section. The testing under this section shall determine the presence and amounts of any of the substances listed in subsection (b) of this section. No product that contains more than the maximum amount indicated for any substance in subsection (b) of this section shall be distributed or sold in this state.
(b)
The division, through the department of revenue, shall promulgate rules specifying the pass and fail levels for safety and toxicity with respect to the testing required by this subsection. All consumable hemp products offered for sale or distribution in this state shall be tested for the presence of and amount of the following substances:
(i)
Heavy metals;
(ii)
Pesticides;
(iii)
Mycotoxins;
(iv)
Solvents;
(v)
Microbials;
(vi)
THC.
(c)
The manufacturer and distributor shall contract with an independent testing laboratory to provide any testing required under this section.
(d)
An independent testing laboratory providing testing required under this section shall use high performance liquid chromatography or a comparable and validated testing method for any separation and measurement required in the testing.
(e)
Each consumable hemp product or batch of consumable hemp products tested in accordance with this section shall be accompanied by a validly issued certificate of analysis from an independent testing laboratory. The certificate of analysis shall include all of the following:
(i)
The batch identification number;
(ii)
The date the consumable hemp product or batch was received for testing;
(iii)
The date testing was completed;
(iv)
The method of analysis for each test conducted;
(v)
Proof that the certificate of analysis is issued for the product specified on the certificate.
(f)
Each consumable hemp product or batch shall have an expiration date on the label that conforms with applicable federal law and shall be not more than two (2) years from the date of publication of the product's certificate of analysis required by this section.
(g)
The division shall:
(i)
Maintain and post on its website or the website of the department of revenue a registry of testing laboratories that are qualified to test consumable hemp products;
(ii)
Develop an application and process by which qualifying laboratories are listed on the website as provided in paragraph (i) of this subsection. The application submitted by a potentially qualifying laboratory shall include a sample certificate of analysis issued by the applying laboratory.
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51
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207.
Label requirements.
(a)
The label of each consumable hemp product offered for distribution or sale in this state shall contain the following information, legibly displayed:
(i)
The product name or common name for the product, on the front of the label;
(ii)
The brand name of the product, on the front of the label;
(iii)
The net count of individual items in the container, if applicable, on the front of the label;
(iv)
The net weight or volume of the product;
(v)
Suggested product use, including serving sizes if the product is intended for ingestion or inhalation;
(vi)
A list of ingredients in the product, including:
(A)
The amount of any cannabinoid or combination of cannabinoids, in milligrams;
(B)
A list of allergens;
(C)
The manufacturer or distributor name and address;
(D)
Batch number;
(E)
A statement that use while pregnant or breastfeeding may be harmful;
(F)
A statement that the product contains hemp
‑
derived cannabinoids and that consumption of certain cannabinoids may impair your ability to drive or operate heavy machinery or motor vehicles;
(G)
A statement to keep out of the reach of children;
(H)
A statement that it is unlawful for a person less than twenty
‑
one (21) years of age to use or consume the product;
(J)
A statement to consult your physician before use;
(K)
A statement that consuming consumable hemp products may result in a failed drug test;
(M)
The following text: "This product has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, mitigate or prevent any disease.";
(N)
The following text: "Warning – The safety of this product has not been determined."; and
(O)
An expiration date in accordance with W.S. 11
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51
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206(f).
(b)
No consumable hemp product labels shall:
(i)
Have any likeness or bear any reasonable resemblance to a human, animal, cartoon character or fictional character known to appeal primarily to persons under twenty
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one (21) years of age;
(ii)
Appear to imitate a food, candy or other commonly available snack product that is typically marketed toward or appealing to children.
(c)
The limitations of subsection (b) of this section shall not prevent the use of drawings, illustrations or artwork depicting nonmythical creatures, inanimate objects, scenery, humanoid characters, fruit or flavor focused images or any other items not known to appeal primarily to persons under twenty
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one (21) years of age.
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51
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208.
Product requirements and restrictions.
(a)
Each consumable hemp product that is sold in this state shall meet the following requirements:
(i)
Be labeled in accordance with W.S. 11
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51
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207 and include a quick response code that directs consumers to all testing requirements specified by W.S. 11
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51
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206;
(ii)
Satisfy the child resistant effectiveness standards under 16 C.F.R. § 1700.15(b)(1) when tested in accordance with the requirements set forth in 16 C.F.R. § 1700.20. This paragraph shall not apply to consumable hemp product beverages;
(iii)
Be manufactured in the United States under the applicable law governing the manufacture of consumable hemp products in the jurisdiction where the product was manufactured.
(b)
No consumable hemp product intended for ingestion, including beverage products, shall:
(i)
Be sold in a serving that contains more than one hundred (100) milligrams, in the aggregate, of any combination of delta
‑
8 THC, delta
‑
9 THC and delta
‑
10 THC;
(ii)
Be formed in the shape of an animal or cartoon character.
(c)
No consumable hemp product intended for inhalation shall:
(i)
Be sold in a container that contains more than six (6) milliliters or six (6) milligrams of hemp
‑
derived cannabinoids, in the aggregate, of any combination of delta
‑
8 THC, delta
‑
9 THC and delta
‑
10 THC;
(ii)
Have a certificate of analysis issued by an independent testing laboratory that was issued more than twelve (12) months before the date of the sale.
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51
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209.
Product registration.
(a)
Each consumable hemp product distributed or available for sale in Wyoming shall be officially registered annually with the division and shall comply with the following requirements:
(i)
Application for registration shall be made to the division on a form required by the division and shall include the following information:
(A)
The name and address of the applicant and the name and address of the person whose name will appear on the label, if different than the applicant;
(B)
The name of the product;
(C)
The type and use of the product;
(D)
A complete copy of the label as it will appear on the product in a legible format;
(E)
If the product has been assigned a national drug code in accordance with 21 C.F.R. § 207.33, the applicant shall provide the national drug code number; and
(F)
A certificate of analysis from an independent testing laboratory for the consumable hemp product in compliance with W.S. 11
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51
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206.
(b)
The division may deny registration of a consumable hemp product for an incomplete application.
(c)
A new registration shall be required under this section for any of the following:
(i)
Any change in the ingredients of the consumable hemp product, including any change in the amount or ratio of the ingredients;
(ii)
A change to the directions for use;
(iii)
A change of name for the product.
(d)
If there are any changes to a consumable hemp product that do not require a new registration under subsection (c) of this section, the registrant shall submit copies of each label change to the division as soon as the changes are effective.
(e)
A hemp
‑
derived consumable product that has been discontinued shall continue to be registered in the state until the product is no longer available for distribution or sale.
(f)
The registrant is responsible for the accuracy and completeness of all information submitted under this section.
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210.
Retail establishments.
(a)
Each retail establishment that offers consumable hemp products shall be licensed as a retailer by the division in accordance with this article.
(b)
No retailer shall sell or offer for sale any consumable hemp product unless the product is registered with the division as provided in W.S. 11
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51
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209.
(c)
A retailer may offer consumable hemp products at a temporary event or festival after registering the event with the division and paying an event registration fee of one hundred dollars ($100.00).
(d)
No retailer shall be located within one hundred (100) feet of a school if children under the age of eighteen (18) years attend the school.
(e)
No business that distributes, sells or serves consumable hemp products shall employ any person who is under twenty
‑
one (21) years of age, unless the person employed is at least eighteen (18) years of age and is under the direct supervision of a person twenty
‑
one (21) years of age or older.
(f)
Except as otherwise provided in this subsection, only pre
‑
packaged registered consumable hemp products shall be offered as ready
‑
to
‑
consume or for direct consumption at a retailer. Consumable hemp products shall not be added to an ingestible food product by a retailer, provided that consumable hemp product beverages may be added to a nonalcoholic ingestible beverage product at a retailer that is a food service establishment. A retailer that is a food service establishment shall, upon request, provide the consumer with copy of the consumable hemp product's registration with the division in conjunction with incorporating a consumable hemp product beverage with a nonalcoholic beverage under this subsection.
(g)
Any retailer offering on
‑
site consumption of consumable hemp products shall provide to consumers upon request:
(i)
The common name of the product;
(ii)
The distributor or manufacturer of the product;
(iii)
A copy of the division's registration of the consumable hemp product.
(h)
A retailer offering on
‑
site consumption of consumable hemp products shall notify the division not later than twenty
‑
four (24) hours after the establishment knows of any serious adverse event related to a consumable hemp product sold by the establishment.
(j)
No manufacturer or distributor shall pay a retailer, nor shall any retailer accept, any payment, credit or any other consideration to induce the retailer to advertise or display a consumable hemp product in a certain manner or to offer the consumable hemp product on the retailer's licensed premises.
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51
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211.
Excise tax.
(a)
An excise tax at the rate of two percent (2%) is imposed on the retail sale of a consumable hemp product. The tax under this subsection is in addition to any tax imposed under any other provision of federal, state or local law. Except as provided in subsection (b) of this section, the tax under this subsection shall be collected and paid to the department of revenue in the same manner as the sales tax on the consumable hemp product in accordance with W.S. 39
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15
‑
101 through 39
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15
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111.
(b)
All taxes collected under subsection (a) of this section shall be reported, paid and accounted for separately. All taxes collected under subsection (a) of this section shall be deposited in the general fund.
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51
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212.
Franchises for distributors of consumable hemp product beverages.
(a)
If more than one (1) franchise for the same brand or brands of consumable hemp product beverages is granted to different distributors in Wyoming, it is a violation of this section for any manufacturer to discriminate between the distributors with respect to any of the terms, provisions or conditions of the franchises.
(b)
Notwithstanding the terms, provisions and conditions of any franchise, no manufacturer shall unilaterally terminate, refuse to continue or substantially change the condition of any franchise with a distributor unless the manufacturer has first established good cause for the termination, failure to continue or substantial change.
(c)
Any distributor may bring an action in a court of competent jurisdiction against a manufacturer for violation of any of the provisions of this section and may recover damages sustained by the distributor together with the costs of the action and reasonable attorney fees.
(d)
In any action brought under subsection (c) of this section for a termination, failure to continue or change in violation of this section, it is a complete defense for the manufacturer to prove that the termination, failure to continue or change was done in good faith and for good cause.
(e)
As used in this section:
(i)
"Good cause" means any of the following:
(A)
Failure by the distributor to comply substantially with the provisions of an agreement or understanding with the manufacturer, if the provisions are both essential and reasonable;
(B)
Bad faith by the distributor or failure of the distributor to observe reasonable commercial standards of fair dealing in the trade;
(C)
Revocation, or suspension for more than thirty (30) days, of the distributor's license.
(ii)
"Good faith" is the duty of each party to any franchise and all officers, employees or agents thereof to act in a fair manner towards each other.
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51
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213.
Safe harbor.
(a)
The testing requirements under W.S. 11
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51
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206, the label requirements under W.S. 11
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51
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207 and the product registration requirements under W.S. 11
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15
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208 shall not apply to any consumable hemp product manufactured or held in Wyoming if the product will not be sold by a retailer in Wyoming or will not be sold to a consumer in Wyoming.
(b)
Nothing in this section shall be deemed to prevent the division from conducting inspections as provided in W.S. 11
‑
51
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204(b) to ensure compliance with this article.
Section 2.
W.S. 11
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51
‑
101(a)(iii), (iv), (vi) and by creating new paragraphs (ix) through (xiii), 11
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51
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102(b), 11
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51
‑
103(a), 11
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51
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104(a)(intro), (iii) and (b) through (d), 11
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51
‑
505(a), 11
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51
‑
106, 11
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51
‑
107, 14
‑
3
‑
310(a), (e) and (f) and 35
‑
7
‑
1063(a) by creating a new paragraph (iv), (b)(i), (ii), by creating a new paragraph (iii) and by renumbering (iii) as (iv) are amended to read:
ARTICLE 1
HEMP PRODUCTION
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51
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101.
Definitions.
(a)
As used in this chapter:
(iii)
"Hemp"
or "hemp product"
means all parts, seeds and varieties of the plant cannabis sativa l., whether growing or not,
or a product, derivative, extract, cannabinoid, isomer, acid, salt or salt of isomer made from that plant with no synthetic substance and
with a
delta
‑
9
THC concentration of not more than three
‑
tenths of one percent (0.3%) on a dry weight basis
;
when using post
‑
decarboxylation or another similarly reliable testing method;
(iv)
"Licensee" means a person licensed under this
chapter
article
to produce, process or test hemp;
(vi)
"Process" means converting hemp into
another
a hemp
product
, excluding a consumable hemp product,
that contains no synthetic substance and that contains no more than three
‑
tenths of one percent (0.3%) THC on a dry weight basis when using post
‑
decarboxylation or another similarly reliable testing method;
(ix)
"Consumable hemp product" means a product produced from hemp or containing a hemp
‑
derived cannabinoid that is a finished good intended for human ingestion or inhalation and that contains not more than three
‑
tenths of one percent (0.3%) concentration of delta
‑
9 THC on a dry weight basis but that may contain concentrations of other hemp
‑
derived cannabinoids in excess of that amount. "Consumable hemp product" does not include products intended for topical application, hemp seeds or products derived from hemp seeds including hemp seed oil that are generally recognized as safe by the United States food and drug administration;
(x)
"Hemp
‑
derived cannabinoid" means any cannabinoid derived from a compound found in hemp, including, but not limited to, delta
‑
9 tetrahydrocannabinol (delta
‑
9 THC), tetrahydrocannabinolic acid (THCA), cannabidiol (CBD), cannabidiolic acid (CBDA), cannabinol (CBN), cannabigerol (CBG), cannabicrhomene (CBC) cannabicycol (CBL), cannabivarin (CBV), tetrahydrocannabivarin (THCV), cannabidivarin (CBDV), cannabicitran (CBT), delta
‑
7 tetraydrocannabinol (delta
‑
7 THC), delta
‑
8 tetrahydrocannabinol (delta
‑
8 THC), delta
‑
10 tetrahydrocannabinol (delta
‑
10 THC) or hexahydrocannabinol (HHC). This term also includes any synthetic cannabinoid derived from hemp and contained in a consumable hemp product;
(xi)
"Hemp product" includes animal feed products derived from hemp, fiber products, grain, products intended for topical application and hemp seeds or products derived from hemp seeds that are generally recognized as safe by the United States food and drug administration. "Hemp product" shall not include a consumable hemp product;
(xii)
"Ingestion" means the process of consuming hemp through the mouth by swallowing into the gastrointestinal system;
(xiii)
"Inhalation" means the process of consuming hemp through the respiratory system through the mouth or nasal passageway.
11
‑
51
‑
102.
Hemp as agricultural crop; use of hemp.
(b)
Notwithstanding the requirements of this chapter, the possession, purchase, sale, transportation and use of hemp and hemp products by any person is allowable
.
except
The manufacture, distribution and sale of consumable hemp products is allowed and regulated
as provided in W.S.
11
‑
51
‑
103(f) and 14
‑
3
‑
310
11
‑
51
‑
201 through 11
‑
51
‑
213
.
11
‑
51
‑
103.
Licensing; prohibited activities.
(a)
No person shall produce
hemp
or process hemp
or hemp products
unless the person has obtained a license from the department on a form provided by the department.
No person shall manufacture, distribute or sell consumable hemp products except as provided in W.S. 11
‑
51
‑
201 through 11
‑
51
‑
213.
11
‑
51
‑
104.
Enforcement; fees; penalties.
(a)
The department shall perform inspections and provide chemical sampling and analysis of production or processing activities by licensees to determine compliance with this
chapter
article
. The department may require verification of effective disposal by licensees of hemp or hemp products
that contain synthetic substances or
that contain in excess of three
‑
tenths of one percent (0.3%) THC on a dry weight basis. For any sample, analysis or verification conducted under this subsection, the department shall assess the licensee fees as established by rule of the department, not to exceed the following:
(iii)
Two hundred fifty dollars ($250.00) for verification of effective disposal of hemp or hemp products
that contain synthetic substances or
that contain in excess of three
‑
tenths of one percent (0.3%) THC on a dry weight basis.
(b)
Except as provided in subsection (e) of this section, any licensee who violates any provision of this
chapter
article
or any regulation promulgated pursuant to this
chapter
article
shall be subject to a corrective action plan. The corrective action plan may include reporting requirements, additional inspections, suspension of a license, steps necessary to restore a license, requirements related to disposal of hemp or hemp products that contain in excess of three
‑
tenths of one percent (0.3%) THC on a dry weight basis or providing notice of the violation to the licensee's known creditors. The plan may require rendering THC inaccessible by using hemp or hemp products as a soil amendment material or by destruction of the hemp or hemp product as authorized by rule of the department.
(c)
Any person who intentionally violates this
chapter
article
is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
(d)
If any person has three (3) or more violations of this
chapter
article
or any regulation promulgated pursuant to this
chapter
article
within five (5) years, the department shall revoke the license and the person shall be ineligible for licensure under this
chapter
article
for five (5) years.
11
‑
51
‑
105.
Rules; agreements; research activities.
(a)
The department shall adopt rules necessary to implement the provisions of this
chapter
article
.
11
‑
51
‑
106.
Disposition of fees.
All fees collected under this
chapter
article
shall be deposited with the state treasurer in a separate account which is continuously appropriated to the department for the administration of this
chapter
article
.
11
‑
51
‑
107.
Exception if this article is not implemented.
Nothing in this
chapter
article
shall preclude any person from applying for and receiving authorization to produce and process hemp from another authorized entity if the department does not receive authority to do so or is otherwise not implementing this
chapter
article
.
14
‑
3
‑
310.
Prohibited sales or delivery of edible products and vaping products.
(a)
No person or retailer shall sell, permit the sale, offer for sale, give away or deliver
consumable hemp products as defined by W.S. 11
‑
51
‑
101(a)(ix),
edible products or vaping products to any person under the age of
eighteen (18)
twenty
‑
one (21)
years.
(e)
It is an affirmative defense to a prosecution under subsection (a) this section that, in the case of a sale, the person who sold the
consumable hemp products as defined by W.S. 11
‑
51
‑
101(a)(ix),
edible product or vaping product was presented with, and reasonably relied upon, an identification card which identified the person buying or receiving the edible product or vaping product as being over
eighteen (18)
twenty
‑
one (21)
years of age.
(f)
The prohibitions in this section shall not be construed to apply to the sale or dispensing of cannabidiol oil that has not more than three
‑
tenths percent (0.3%) of tetrahydrocannabinol to a parent or guardian for use by the parent's or guardian's child who is less than
eighteen (18)
twenty
‑
one (21)
years of age.
35
‑
7
‑
1063.
Exceptions to provisions.
(a)
The provisions and penalties of this chapter shall not apply to:
(iv)
The manufacture, distribution, sale, possession or use of consumable hemp products in accordance with the provisions of W.S. 11
‑
51
‑
201 through 11
‑
51
‑
213.
(b)
As used in this section:
(i)
"Hemp" or
"
Consumable h
emp product" means
all parts, seeds and varieties of the plant cannabis sativa l. or a product made from that plant with no synthetic substances and with a THC concentration of not more than three
‑
tenths of one percent (0.3%) on a dry weight basis
as defined by W.S. 11
‑
51
‑
101(a)(ix)
;
(ii)
"Synthetic substance"
"Hemp"
means as defined by W.S.
11
‑
51
‑
101(a)(viii)
11
‑
51
‑
101(a)(iii)
;
(iii)
"Hemp product" means as defined by W.S. 11
‑
51
‑
101(a)(xi);
(iii)
(iv)
"THC" means as defined by W.S. 11
‑
51
‑
101(a)(vii).
Section 3.
W.S. 11
‑
51
‑
103(f)(ii) and 11
‑
51
‑
104(e) are repealed.
Section 4.
The department of revenue and the department of agriculture shall adopt rules necessary to implement the regulation of consumable hemp products, as provided in sections 1 and 2 of this act, not later than January 1, 2026.
Section 5
.
(a)
Except as provided in subsection (b) of this section, this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(b)
Sections 1 through 3 of this act are effective January 1, 2026
.
(END)
1
HB0267