Wyoming 2025 Regular Session

Wyoming House Bill HB0267 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025
2	2	STATE OF WYOMING
3	3	25LSO-04651HB0267
4	4	HOUSE BILL NO. HB0267
5	5	Regulation of hemp.
6	6	Sponsored by: Representative(s) Singh, Andrew, Provenza and
7	7	Yin and Senator(s) Rothfuss
8	8	A BILL
9	9	for
10	10	1 AN ACT relating to hemp products; providing for regulation
11	11	2 of the manufacture, distribution and sale of consumable
12	12	3 hemp products as specified; requiring licensure of
13	13	4 consumable hemp product manufacturers, distributors and
14	14	5 retailers by the Wyoming liquor division; imposing an
15	15	6 excise tax on the retail sale of consumable hemp products;
16	16	7 providing definitions; providing penalties; requiring
17	17	8 reports; requiring rulemaking; making conforming
18	18	9 amendments; repealing conflicting provisions; and providing
19	19	10 for effective dates.
20	20	11
21	21	12
22	22	13
23	23	14W.S. 11-51-201 through 11-51-213 are
24	24	15 created to read: 2025STATE OF WYOMING25LSO-04652HB0267
25	25	1
26	26	2 ARTICLE 2
27	27	3 CONSUMABLE HEMP PRODUCTS
28	28	4
29	29	5
30	30	6
31	31	7 The purpose of this article is to regulate the manufacture,
32	32	8 distribution and sale of consumable hemp products.
33	33	9
34	34	10
35	35	11
36	36	12 (a) As used in this article, unless the context
37	37	13 otherwise requires:
38	38	14
39	39	15 (i) "Batch" means any one (1) or more of the
40	40	16 following:
41	41	17
42	42	18 (A) A specific quantity of hemp plants that
43	43	19 are cultivated from the same seed or plant stock, are
44	44	20 cultivated together, are intended to be harvested together
45	45	21 and that receive an identical propagation and cultivation
46	46	22 treatment;
47	47	23 2025STATE OF WYOMING25LSO-04653HB02671 (B) A specific quantity of hemp flower that
48	48	2 is harvested together, is uniform and is intended to meet
49	49	3 specifications for identity, strength, purity and
50	50	4 composition and that receives identical sorting, drying,
51	51	5 curing and storage treatment;
52	52	6
53	53	7 (C) A specific quantity of hemp-derived
54	54	8 consumable product that is:
55	55	9
56	56	10 (I) Manufactured at the same time and
57	57	11 using the same methods, equipment and ingredients;
58	58	12
59	59	13 (II) Uniform and intended to meet
60	60	14 specifications for identity, strength, purity and
61	61	15 composition;
62	62	16
63	63	17 (III) Manufactured, packaged and
64	64	18 labeled according to a single batch production record that
65	65	19 is executed and documented.
66	66	20
67	67	21 (ii) "Batch number" means a unique numeric or
68	68	22 alphanumeric identifier assigned to a batch of hemp plants
69	69	23 or hemp-derived consumable products; 2025STATE OF WYOMING25LSO-04654HB0267
70	70	1
71	71	2 (iii) "Business" means any of the following
72	72	3 licensed under this article a consumable hemp product:
73	73	4
74	74	5 (A) Distributor;
75	75	6
76	76	7 (B) Retailer;
77	77	8
78	78	9 (C) Manufacturer.
79	79	10
80	80	11 (iv) "Counter" means the point of purchase in a
81	81	12 retail establishment that provides separation designed to
82	82	13 make an area of the retail establishment inaccessible to
83	83	14 the customer;
84	84	15
85	85	16 (v) "Distributor" means a person that purchases
86	86	17 consumable hemp products from manufacturers and sells them
87	87	18 to retailers;
88	88	19
89	89	20 (vi) "Division" means the Wyoming liquor
90	90	21 division within the department of revenue created under
91	91	22 W.S. 12-2-106;
92	92	23 2025STATE OF WYOMING25LSO-04655HB02671 (vii) "Franchise" means a written or oral
93	93	2 arrangement for a definite or indefinite period, in which a
94	94	3 person grants to another person a license to use a trade
95	95	4 name, trademark, service mark or related characteristic and
96	96	5 in which there is a commonality of interest in the
97	97	6 marketing of goods or services at wholesale, retail, by
98	98	7 lease, agreement or otherwise, including but not limited to
99	99	8 a commercial relationship of definite or indefinite
100	100	9 duration between a manufacturer and distributor where the
101	101	10 distributor is granted the right to offer, sell and
102	102	11 distribute within this state or any designated area of the
103	103	12 state some or all of the manufacturer's consumable hemp
104	104	13 products to retailers;
105	105	14
106	106	15 (viii) "Independent testing laboratory" means a
107	107	16 laboratory that meets all of the following conditions:
108	108	17
109	109	18 (A) The laboratory holds an ISO 17025
110	110	19 accreditation, is registered with the United States drug
111	111	20 enforcement administration in accordance with 21 C.F.R. §
112	112	21 1301.13 or holds an equivalent accreditation;
113	113	22 2025STATE OF WYOMING25LSO-04656HB02671 (B) The laboratory does not have a direct
114	114	2 or indirect interest in the person or entity whose product
115	115	3 is being tested or in a facility that cultivates,
116	116	4 processes, distributes, dispenses or sells consumable hemp
117	117	5 products in this state or any other jurisdiction;
118	118	6
119	119	7 (C) The laboratory performs
120	120	8 tetrahydrocannabinol concentration sampling and testing
121	121	9 using the high-performance chromatography method or another
122	122	10 method of testing authorized by the division.
123	123	11
124	124	12 (ix) "License" means a license issued in
125	125	13 accordance with this article;
126	126	14
127	127	15 (x) "Manufacture" means to compound, blend,
128	128	16 extract, infuse, cook or otherwise make or prepare
129	129	17 consumable hemp products, including the processes of
130	130	18 extraction, infusion, packaging, repackaging, labeling and
131	131	19 relabeling of consumable hemp products;
132	132	20
133	133	21 (xi) "Manufacturer" means any person who
134	134	22 manufactures consumable hemp products;
135	135	23 2025STATE OF WYOMING25LSO-04657HB02671 (xii) "Producer" means any person who engages in
136	136	2 the process of farming and harvesting hemp that is intended
137	137	3 to be used in the manufacture of a hemp-derived consumable
138	138	4 product;
139	139	5
140	140	6 (xiii) "Proof of age" means a valid driver's
141	141	7 license or other government-issued identification card that
142	142	8 contains a photograph of the person and confirms the
143	143	9 person's age as twenty-one (21) years of age or older;
144	144	10
145	145	11 (xiv) "Retail establishment" means a place of
146	146	12 business open to the general public for the sale of goods
147	147	13 or services and includes a food service establishment;
148	148	14
149	149	15 (xv) "Retailer" means any person who sells
150	150	16 consumable hemp products for consumption and not for
151	151	17 resale;
152	152	18
153	153	19 (xvi) "Serving" means a quantity of a consumable
154	154	20 hemp product indicated on the packaging of the consumable
155	155	21 hemp product;
156	156	22 2025STATE OF WYOMING25LSO-04658HB02671 (xvii) "Tincture" means hemp-infused liquid or
157	157	2 oils administered orally in small amounts using a dropper
158	158	3 that indicates the serving size.
159	159	4
160	160	5
161	161	6
162	162	7 (a) No person shall act as a distributor,
163	163	8 manufacturer or retailer of consumable hemp products unless
164	164	9 the person has a license as a business issued under this
165	165	10 article and the consumable hemp product manufactured,
166	166	11 distributed or sold at retail by the person is registered
167	167	12 with the division as provided in this article.
168	168	13
169	169	14 (b) No person shall do any of the following:
170	170	15
171	171	16 (i) Knowingly sell or distribute a consumable
172	172	17 hemp product to a person who is under twenty-one (21) years
173	173	18 of age;
174	174	19
175	175	20 (ii) Except as provided in subsection (g) of
176	176	21 this section, knowingly purchase a consumable hemp product
177	177	22 on behalf of a person who is under twenty-one (21) years of
178	178	23 age; 2025STATE OF WYOMING25LSO-04659HB02671
179	179	2 (iii) Except as provided in subsection (h) of
180	180	3 this section, knowingly persuade, entice, send or assist a
181	181	4 person who is under twenty-one (21) years of age to
182	182	5 purchase, acquire, receive or attempt to purchase a
183	183	6 consumable hemp product;
184	184	7
185	185	8 (iv) Knowingly distribute samples of consumable
186	186	9 hemp products outside of a retail establishment unless
187	187	10 specifically authorized under this article;
188	188	11
189	189	12 (v) Knowingly sell or distribute a consumable
190	190	13 hemp product without having first obtained proof of age
191	191	14 from the purchaser or recipient, unless an ordinary person
192	192	15 would conclude on the basis of appearance that the
193	193	16 purchaser or recipient is not under the age of twenty-one
194	194	17 (21) years.
195	195	18
196	196	19 (c) Except as provided in subsection (g) of this
197	197	20 section, no person who is under twenty-one (21) years of
198	198	21 age shall knowingly purchase, possess or accept receipt of
199	199	22 a consumable hemp product or knowingly present purported
200	200	23 proof of age that is false, fraudulent or not actually that 2025STATE OF WYOMING25LSO-046510HB0267
201	201	1 person for the purpose of purchasing or receiving a
202	202	2 consumable hemp product.
203	203	3
204	204	4 (d) All consumable hemp products, except beverage
205	205	5 products that do not exceed a total of ten (10) milligrams
206	206	6 per serving of delta-8 THC, delta-9 THC, delta-10 THC or
207	207	7 any combination of those, shall be maintained behind the
208	208	8 counter of a retail establishment or in another area that
209	209	9 is inaccessible to a customer. Any consumable hemp product
210	210	10 beverage, including those in cases or boxes, offered for
211	211	11 retail sale shall be merchandised in a manner to clearly
212	212	12 indicate to consumers that the product contains
213	213	13 hemp-derived cannabinoids. Failure to maintain consumable
214	214	14 hemp products in accordance with this subsection is a
215	215	15 violation of this section.
216	216	16
217	217	17 (e) No person shall deliver, ship or cause to be
218	218	18 delivered or shipped any consumable hemp product beverage
219	219	19 directly to any person who is not licensed under this
220	220	20 article. It shall not be a violation of this subsection for
221	221	21 any delivery of a consumable hemp product beverage to a
222	222	22 customer at a retail establishment or at a location
223	223	23 otherwise authorized under this article. 2025STATE OF WYOMING25LSO-046511HB02671
224	224	2 (f) A first violation of any provision of this
225	225	3 section shall result in a fine of not more than two hundred
226	226	4 fifty dollars ($250.00). A second or subsequent violation
227	227	5 of any provision of this section shall be a misdemeanor
228	228	6 punishable by a fine of not more than seven hundred fifty
229	229	7 dollars ($750.00), imprisonment for not more than six (6)
230	230	8 months, or both.
231	231	9
232	232	10 (g) It shall not be a violation of this section for a
233	233	11 person under the age of twenty-one (21) years to possess or
234	234	12 consume consumable hemp products under the supervision of
235	235	13 the person's parent or guardian if the parent or guardian
236	236	14 has a written document from a physician recommending the
237	237	15 use of consumable hemp products for the person under the
238	238	16 age of twenty-one (21) years.
239	239	17
240	240	18 (h) This section does not preclude law enforcement
241	241	19 efforts to purchase consumable hemp products from retail
242	242	20 establishments involving:
243	243	21 2025STATE OF WYOMING25LSO-046512HB02671 (i) The use of a minor seventeen (17) years of
244	244	2 age or younger if the minor's parent or legal guardian has
245	245	3 provided consent; or
246	246	4
247	247	5 (ii) The use of a person aged eighteen (18),
248	248	6 nineteen (19) or twenty (20) years if the individual
249	249	7 provides consent.
250	250	8
251	251	9 (j) Any consumable hemp product sold or offered for
252	252	10 sale or consumption in violation of this section is subject
253	253	11 to seizure and forfeiture.
254	254	12
255	255	13 (k) Nothing in this article shall:
256	256	14
257	257	15 (i) Permit any person to undertake any task
258	258	16 under the influence of a consumable hemp product when doing
259	259	17 so would constitute negligence or professional malpractice
260	260	18 or would otherwise create a danger to the person or others;
261	261	19
262	262	20 (ii) Operate, navigate or be in actual physical
263	263	21 control of a motor vehicle, aircraft, motorized watercraft,
264	264	22 or any other vehicle while under the influence of a
265	265	23 hemp-derived cannabinoid; 2025STATE OF WYOMING25LSO-046513HB02671
266	266	2 (iii) Require an employer to allow the use of a
267	267	3 consumable hemp products in a workplace or allow an
268	268	4 employee to work while under the influence of a consumable
269	269	5 hemp product;
270	270	6
271	271	7 (iv) Exempt a person from prosecution for a
272	272	8 criminal offense related to impairment or intoxication
273	273	9 resulting from use of a consumable hemp product or relieve
274	274	10 a person from any requirement under law to submit to a
275	275	11 breath, blood, urine or other test to detect the presence
276	276	12 of a controlled substance.
277	277	13
278	278	14
279	279	15
280	280	16 (a) The division shall enforce this article in a
281	281	17 manner that may reasonably be expected to reduce the extent
282	282	18 to which consumable hemp products are sold or distributed
283	283	19 to persons under twenty-one (21) years of age. The
284	284	20 department of revenue shall adopt rules necessary to
285	285	21 implement this article.
286	286	22 2025STATE OF WYOMING25LSO-046514HB02671 (b) The division shall conduct random inspections of
287	287	2 consumable hemp products distributed or available for
288	288	3 distribution in the state for compliance with this article.
289	289	4 Inspections under this subsection shall include the
290	290	5 periodic sampling, analyzing and testing of consumable hemp
291	291	6 products distributed within the state for compliance with
292	292	7 the registration, labeling and testing requirements of this
293	293	8 article. The division may conduct an inspection under this
294	294	9 subsection for any reason the division determines is
295	295	10 necessary.
296	296	11
297	297	12 (c) Not later than November 1 of each year the
298	298	13 division shall submit a report to the joint judiciary
299	299	14 interim committee describing in detail the division's
300	300	15 enforcement efforts under this article. The report shall
301	301	16 also be made available to the public on the department of
302	302	17 revenue's website.
303	303	18
304	304	19
305	305	20
306	306	21 (a) Each business shall obtain a license from the
307	307	22 division prior to any manufacturing, distribution or retail
308	308	23 sale of any consumable hemp product. 2025STATE OF WYOMING25LSO-046515HB0267
309	309	1
310	310	2 (b) The application for a license under this section
311	311	3 shall include at minimum:
312	312	4
313	313	5 (i) The name and address of the applicant;
314	314	6
315	315	7 (ii) The physical address and legal description
316	316	8 of all property where the business will operate as a
317	317	9 distributor, manufacturer or retailer;
318	318	10
319	319	11 (iii) A statement that the applicant has not
320	320	12 been convicted of or pled no contest to a controlled
321	321	13 substance felony within the past ten (10) years, or in the
322	322	14 event the applicant is not an individual person, a
323	323	15 statement that no member, principal, officer or director of
324	324	16 the applicant has been convicted of or pled no contest to a
325	325	17 controlled substance felony;
326	326	18
327	327	19 (iv) Authorization for reasonable access by the
328	328	20 department for inspections and verifications related to
329	329	21 this article;
330	330	22 2025STATE OF WYOMING25LSO-046516HB02671 (v) Verification that the applicant is a
331	331	2 business entity organized under the laws of Wyoming or is a
332	332	3 Wyoming resident, as defined by rule of the department of
333	333	4 revenue;
334	334	5
335	335	6 (vi) Any other information required by rule of
336	336	7 the department of revenue.
337	337	8
338	338	9 (c) Subject to the limitations of subsection (e) of
339	339	10 this section, the division shall issue a license, or
340	340	11 renewal thereof, which is valid for one (1) year if:
341	341	12
342	342	13 (i) The requirements of subsection (b) of this
343	343	14 section are met, including that the applicant has not been
344	344	15 convicted of or pled no contest to a controlled substance
345	345	16 felony within the past ten (10) years; and
346	346	17
347	347	18 (ii) A fee of two hundred fifty dollars
348	348	19 ($250.00) for distributors or manufacturers and a fee of
349	349	20 one hundred dollars ($100.00) for retailers per location is
350	350	21 paid for each annual license or renewal application. If a
351	351	22 retailer has multiple locations, the fee under this 2025STATE OF WYOMING25LSO-046517HB0267
352	352	1 paragraph shall not exceed two thousand five hundred
353	353	2 dollars ($2,500.00).
354	354	3
355	355	4 (d) All fees collected under this section shall be
356	356	5 deposited with the state treasurer in a separate account,
357	357	6 which is hereby created and is continuously appropriated to
358	358	7 the department of revenue for the administration of this
359	359	8 article by the division.
360	360	9
361	361	10 (e) Except in the case of a manufacturer who sells
362	362	11 less than one thousand (1,000) gallons of consumable hemp
363	363	12 product beverages per year:
364	364	13
365	365	14 (i) No person who is engaged in the production,
366	366	15 manufacturing, distribution or sale of consumable hemp
367	367	16 product beverages shall hold more than one (1) type of
368	368	17 license under this section or have any financial interest,
369	369	18 either direct or indirect, in a person holding any of the
370	370	19 other types of licenses under this section;
371	371	20
372	372	21 (ii) No consumable hemp product beverage
373	373	22 manufacturer shall directly solicit, sell or otherwise
374	374	23 convey consumable hemp product beverages to retailers. 2025STATE OF WYOMING25LSO-046518HB0267
375	375	1 Manufacturers of consumable hemp product beverages are
376	376	2 authorized to solicit and sell consumable hemp product
377	377	3 beverages to distributors. Distributors are authorized to
378	378	4 solicit and sell consumable hemp product beverages to
379	379	5 retailers.
380	380	6
381	381	7 (f) The division may suspend, revoke or not renew any
382	382	8 license issued under this article if, after notice and
383	383	9 opportunity for a hearing, the division finds the provider
384	384	10 has violated this article or any rule promulgated under
385	385	11 this article.
386	386	12
387	387	13
388	388	14
389	389	15 (a) Each manufacturer shall have all consumable hemp
390	390	16 products or each batch of consumable hemp products tested
391	391	17 prior to distribution to a distributor for distribution in
392	392	18 Wyoming or before distributing the product to a retailer.
393	393	19 If a consumable hemp product is packaged in a manner that
394	394	20 may be sold to the ultimate consumer after being delivered
395	395	21 to the distributor and the distributor does not open the
396	396	22 package, the distributor is not required to further test
397	397	23 the consumable hemp product under this section. If the 2025STATE OF WYOMING25LSO-046519HB0267
398	398	1 consumable hemp product or batch of consumable hemp
399	399	2 products is not packaged in a manner that may be sold to
400	400	3 the ultimate consumer after being delivered to the
401	401	4 distributor or if the distributor opens the package, the
402	402	5 distributor shall have the consumable hemp product tested
403	403	6 prior to distribution as provided in this section. The
404	404	7 testing under this section shall determine the presence and
405	405	8 amounts of any of the substances listed in subsection (b)
406	406	9 of this section. No product that contains more than the
407	407	10 maximum amount indicated for any substance in subsection
408	408	11 (b) of this section shall be distributed or sold in this
409	409	12 state.
410	410	13
411	411	14 (b) The division, through the department of revenue,
412	412	15 shall promulgate rules specifying the pass and fail levels
413	413	16 for safety and toxicity with respect to the testing
414	414	17 required by this subsection. All consumable hemp products
415	415	18 offered for sale or distribution in this state shall be
416	416	19 tested for the presence of and amount of the following
417	417	20 substances:
418	418	21
419	419	22 (i) Heavy metals;
420	420	23 2025STATE OF WYOMING25LSO-046520HB02671 (ii) Pesticides;
421	421	2
422	422	3 (iii) Mycotoxins;
423	423	4
424	424	5 (iv) Solvents;
425	425	6
426	426	7 (v) Microbials;
427	427	8
428	428	9 (vi) THC.
429	429	10
430	430	11 (c) The manufacturer and distributor shall contract
431	431	12 with an independent testing laboratory to provide any
432	432	13 testing required under this section.
433	433	14
434	434	15 (d) An independent testing laboratory providing
435	435	16 testing required under this section shall use high
436	436	17 performance liquid chromatography or a comparable and
437	437	18 validated testing method for any separation and measurement
438	438	19 required in the testing.
439	439	20
440	440	21 (e) Each consumable hemp product or batch of
441	441	22 consumable hemp products tested in accordance with this
442	442	23 section shall be accompanied by a validly issued 2025STATE OF WYOMING25LSO-046521HB0267
443	443	1 certificate of analysis from an independent testing
444	444	2 laboratory. The certificate of analysis shall include all
445	445	3 of the following:
446	446	4
447	447	5 (i) The batch identification number;
448	448	6
449	449	7 (ii) The date the consumable hemp product or
450	450	8 batch was received for testing;
451	451	9
452	452	10 (iii) The date testing was completed;
453	453	11
454	454	12 (iv) The method of analysis for each test
455	455	13 conducted;
456	456	14
457	457	15 (v) Proof that the certificate of analysis is
458	458	16 issued for the product specified on the certificate.
459	459	17
460	460	18 (f) Each consumable hemp product or batch shall have
461	461	19 an expiration date on the label that conforms with
462	462	20 applicable federal law and shall be not more than two (2)
463	463	21 years from the date of publication of the product's
464	464	22 certificate of analysis required by this section.
465	465	23 2025STATE OF WYOMING25LSO-046522HB02671 (g) The division shall:
466	466	2
467	467	3 (i) Maintain and post on its website or the
468	468	4 website of the department of revenue a registry of testing
469	469	5 laboratories that are qualified to test consumable hemp
470	470	6 products;
471	471	7
472	472	8 (ii) Develop an application and process by which
473	473	9 qualifying laboratories are listed on the website as
474	474	10 provided in paragraph (i) of this subsection. The
475	475	11 application submitted by a potentially qualifying
476	476	12 laboratory shall include a sample certificate of analysis
477	477	13 issued by the applying laboratory.
478	478	14
479	479	15
480	480	16
481	481	17 (a) The label of each consumable hemp product offered
482	482	18 for distribution or sale in this state shall contain the
483	483	19 following information, legibly displayed:
484	484	20
485	485	21 (i) The product name or common name for the
486	486	22 product, on the front of the label;
487	487	23 2025STATE OF WYOMING25LSO-046523HB02671 (ii) The brand name of the product, on the front
488	488	2 of the label;
489	489	3
490	490	4 (iii) The net count of individual items in the
491	491	5 container, if applicable, on the front of the label;
492	492	6
493	493	7 (iv) The net weight or volume of the product;
494	494	8
495	495	9 (v) Suggested product use, including serving
496	496	10 sizes if the product is intended for ingestion or
497	497	11 inhalation;
498	498	12
499	499	13 (vi) A list of ingredients in the product,
500	500	14 including:
501	501	15
502	502	16 (A) The amount of any cannabinoid or
503	503	17 combination of cannabinoids, in milligrams;
504	504	18
505	505	19 (B) A list of allergens;
506	506	20
507	507	21 (C) The manufacturer or distributor name
508	508	22 and address;
509	509	23 2025STATE OF WYOMING25LSO-046524HB02671 (D) Batch number;
510	510	2
511	511	3 (E) A statement that use while pregnant or
512	512	4 breastfeeding may be harmful;
513	513	5
514	514	6 (F) A statement that the product contains
515	515	7 hemp-derived cannabinoids and that consumption of certain
516	516	8 cannabinoids may impair your ability to drive or operate
517	517	9 heavy machinery or motor vehicles;
518	518	10
519	519	11 (G) A statement to keep out of the reach of
520	520	12 children;
521	521	13
522	522	14 (H) A statement that it is unlawful for a
523	523	15 person less than twenty-one (21) years of age to use or
524	524	16 consume the product;
525	525	17
526	526	18 (J) A statement to consult your physician
527	527	19 before use;
528	528	20
529	529	21 (K) A statement that consuming consumable
530	530	22 hemp products may result in a failed drug test;
531	531	23 2025STATE OF WYOMING25LSO-046525HB02671 (M) The following text: "This product has
532	532	2 not been evaluated by the Food and Drug Administration.
533	533	3 This product is not intended to diagnose, treat, cure,
534	534	4 mitigate or prevent any disease.";
535	535	5
536	536	6 (N) The following text: "Warning – The
537	537	7 safety of this product has not been determined."; and
538	538	8
539	539	9 (O) An expiration date in accordance with
540	540	10 W.S. 11-51-206(f).
541	541	11
542	542	12 (b) No consumable hemp product labels shall:
543	543	13
544	544	14 (i) Have any likeness or bear any reasonable
545	545	15 resemblance to a human, animal, cartoon character or
546	546	16 fictional character known to appeal primarily to persons
547	547	17 under twenty-one (21) years of age;
548	548	18
549	549	19 (ii) Appear to imitate a food, candy or other
550	550	20 commonly available snack product that is typically marketed
551	551	21 toward or appealing to children.
552	552	22 2025STATE OF WYOMING25LSO-046526HB02671 (c) The limitations of subsection (b) of this section
553	553	2 shall not prevent the use of drawings, illustrations or
554	554	3 artwork depicting nonmythical creatures, inanimate objects,
555	555	4 scenery, humanoid characters, fruit or flavor focused
556	556	5 images or any other items not known to appeal primarily to
557	557	6 persons under twenty-one (21) years of age.
558	558	7
559	559	8-51208. Product requirements and restrictions.
560	560	9
561	561	10 (a) Each consumable hemp product that is sold in this
562	562	11 state shall meet the following requirements:
563	563	12
564	564	13 (i) Be labeled in accordance with W.S. 11-51-207
565	565	14 and include a quick response code that directs consumers to
566	566	15 all testing requirements specified by W.S. 11-51-206;
567	567	16
568	568	17 (ii) Satisfy the child resistant effectiveness
569	569	18 standards under 16 C.F.R. § 1700.15(b)(1) when tested in
570	570	19 accordance with the requirements set forth in 16 C.F.R. §
571	571	20 1700.20. This paragraph shall not apply to consumable hemp
572	572	21 product beverages;
573	573	22 2025STATE OF WYOMING25LSO-046527HB02671 (iii) Be manufactured in the United States under
574	574	2 the applicable law governing the manufacture of consumable
575	575	3 hemp products in the jurisdiction where the product was
576	576	4 manufactured.
577	577	5
578	578	6 (b) No consumable hemp product intended for
579	579	7 ingestion, including beverage products, shall:
580	580	8
581	581	9 (i) Be sold in a serving that contains more than
582	582	10 one hundred (100) milligrams, in the aggregate, of any
583	583	11 combination of delta-8 THC, delta-9 THC and delta-10 THC;
584	584	12
585	585	13 (ii) Be formed in the shape of an animal or
586	586	14 cartoon character.
587	587	15
588	588	16 (c) No consumable hemp product intended for
589	589	17 inhalation shall:
590	590	18
591	591	19 (i) Be sold in a container that contains more
592	592	20 than six (6) milliliters or six (6) milligrams of
593	593	21 hemp-derived cannabinoids, in the aggregate, of any
594	594	22 combination of delta-8 THC, delta-9 THC and delta-10 THC;
595	595	23 2025STATE OF WYOMING25LSO-046528HB02671 (ii) Have a certificate of analysis issued by an
596	596	2 independent testing laboratory that was issued more than
597	597	3 twelve (12) months before the date of the sale.
598	598	4
599	599	5-51209. Product registration.
600	600	6
601	601	7 (a) Each consumable hemp product distributed or
602	602	8 available for sale in Wyoming shall be officially
603	603	9 registered annually with the division and shall comply with
604	604	10 the following requirements:
605	605	11
606	606	12 (i) Application for registration shall be made
607	607	13 to the division on a form required by the division and
608	608	14 shall include the following information:
609	609	15
610	610	16 (A) The name and address of the applicant
611	611	17 and the name and address of the person whose name will
612	612	18 appear on the label, if different than the applicant;
613	613	19
614	614	20 (B) The name of the product;
615	615	21
616	616	22 (C) The type and use of the product;
617	617	23 2025STATE OF WYOMING25LSO-046529HB02671 (D) A complete copy of the label as it will
618	618	2 appear on the product in a legible format;
619	619	3
620	620	4 (E) If the product has been assigned a
621	621	5 national drug code in accordance with 21 C.F.R. § 207.33,
622	622	6 the applicant shall provide the national drug code number;
623	623	7 and
624	624	8
625	625	9 (F) A certificate of analysis from an
626	626	10 independent testing laboratory for the consumable hemp
627	627	11 product in compliance with W.S. 11-51-206.
628	628	12
629	629	13 (b) The division may deny registration of a
630	630	14 consumable hemp product for an incomplete application.
631	631	15
632	632	16 (c) A new registration shall be required under this
633	633	17 section for any of the following:
634	634	18
635	635	19 (i) Any change in the ingredients of the
636	636	20 consumable hemp product, including any change in the amount
637	637	21 or ratio of the ingredients;
638	638	22
639	639	23 (ii) A change to the directions for use; 2025STATE OF WYOMING25LSO-046530HB02671
640	640	2 (iii) A change of name for the product.
641	641	3
642	642	4 (d) If there are any changes to a consumable hemp
643	643	5 product that do not require a new registration under
644	644	6 subsection (c) of this section, the registrant shall submit
645	645	7 copies of each label change to the division as soon as the
646	646	8 changes are effective.
647	647	9
648	648	10 (e) A hemp-derived consumable product that has been
649	649	11 discontinued shall continue to be registered in the state
650	650	12 until the product is no longer available for distribution
651	651	13 or sale.
652	652	14
653	653	15 (f) The registrant is responsible for the accuracy
654	654	16 and completeness of all information submitted under this
655	655	17 section.
656	656	18
657	657	19-51-210. Retail establishments.
658	658	20
659	659	21 (a) Each retail establishment that offers consumable
660	660	22 hemp products shall be licensed as a retailer by the
661	661	23 division in accordance with this article. 2025STATE OF WYOMING25LSO-046531HB02671
662	662	2 (b) No retailer shall sell or offer for sale any
663	663	3 consumable hemp product unless the product is registered
664	664	4 with the division as provided in W.S. 11-51-209.
665	665	5
666	666	6 (c) A retailer may offer consumable hemp products at
667	667	7 a temporary event or festival after registering the event
668	668	8 with the division and paying an event registration fee of
669	669	9 one hundred dollars ($100.00).
670	670	10
671	671	11 (d) No retailer shall be located within one hundred
672	672	12 (100) feet of a school if children under the age of
673	673	13 eighteen (18) years attend the school.
674	674	14
675	675	15 (e) No business that distributes, sells or serves
676	676	16 consumable hemp products shall employ any person who is
677	677	17 under twenty-one (21) years of age, unless the person
678	678	18 employed is at least eighteen (18) years of age and is
679	679	19 under the direct supervision of a person twenty-one (21)
680	680	20 years of age or older.
681	681	21
682	682	22 (f) Except as otherwise provided in this subsection,
683	683	23 only pre-packaged registered consumable hemp products shall 2025STATE OF WYOMING25LSO-046532HB0267
684	684	1 be offered as ready-to-consume or for direct consumption at
685	685	2 a retailer. Consumable hemp products shall not be added to
686	686	3 an ingestible food product by a retailer, provided that
687	687	4 consumable hemp product beverages may be added to a
688	688	5 nonalcoholic ingestible beverage product at a retailer that
689	689	6 is a food service establishment. A retailer that is a food
690	690	7 service establishment shall, upon request, provide the
691	691	8 consumer with copy of the consumable hemp product's
692	692	9 registration with the division in conjunction with
693	693	10 incorporating a consumable hemp product beverage with a
694	694	11 nonalcoholic beverage under this subsection.
695	695	12
696	696	13 (g) Any retailer offering on-site consumption of
697	697	14 consumable hemp products shall provide to consumers upon
698	698	15 request:
699	699	16
700	700	17 (i) The common name of the product;
701	701	18
702	702	19 (ii) The distributor or manufacturer of the
703	703	20 product;
704	704	21
705	705	22 (iii) A copy of the division's registration of
706	706	23 the consumable hemp product. 2025STATE OF WYOMING25LSO-046533HB0267
707	707	1
708	708	2 (h) A retailer offering on-site consumption of
709	709	3 consumable hemp products shall notify the division not
710	710	4 later than twenty-four (24) hours after the establishment
711	711	5 knows of any serious adverse event related to a consumable
712	712	6 hemp product sold by the establishment.
713	713	7
714	714	8 (j) No manufacturer or distributor shall pay a
715	715	9 retailer, nor shall any retailer accept, any payment,
716	716	10 credit or any other consideration to induce the retailer to
717	717	11 advertise or display a consumable hemp product in a certain
718	718	12 manner or to offer the consumable hemp product on the
719	719	13 retailer's licensed premises.
720	720	14
721	721	15-51-211. Excise tax.
722	722	16
723	723	17 (a) An excise tax at the rate of two percent (2%) is
724	724	18 imposed on the retail sale of a consumable hemp product.
725	725	19 The tax under this subsection is in addition to any tax
726	726	20 imposed under any other provision of federal, state or
727	727	21 local law. Except as provided in subsection (b) of this
728	728	22 section, the tax under this subsection shall be collected
729	729	23 and paid to the department of revenue in the same manner as 2025STATE OF WYOMING25LSO-046534HB0267
730	730	1 the sales tax on the consumable hemp product in accordance
731	731	2 with W.S. 39-15-101 through 39-15-111.
732	732	3
733	733	4 (b) All taxes collected under subsection (a) of this
734	734	5 section shall be reported, paid and accounted for
735	735	6 separately. All taxes collected under subsection (a) of
736	736	7 this section shall be deposited in the general fund.
737	737	8
738	738	9-51212. Franchises for distributors of consumable
739	739	10
740	740	11
741	741	12 (a) If more than one (1) franchise for the same brand
742	742	13 or brands of consumable hemp product beverages is granted
743	743	14 to different distributors in Wyoming, it is a violation of
744	744	15 this section for any manufacturer to discriminate between
745	745	16 the distributors with respect to any of the terms,
746	746	17 provisions or conditions of the franchises.
747	747	18
748	748	19 (b) Notwithstanding the terms, provisions and
749	749	20 conditions of any franchise, no manufacturer shall
750	750	21 unilaterally terminate, refuse to continue or substantially
751	751	22 change the condition of any franchise with a distributor
752	752	23 unless the manufacturer has first established good cause 2025STATE OF WYOMING25LSO-046535HB0267
753	753	1 for the termination, failure to continue or substantial
754	754	2 change.
755	755	3
756	756	4 (c) Any distributor may bring an action in a court of
757	757	5 competent jurisdiction against a manufacturer for violation
758	758	6 of any of the provisions of this section and may recover
759	759	7 damages sustained by the distributor together with the
760	760	8 costs of the action and reasonable attorney fees.
761	761	9
762	762	10 (d) In any action brought under subsection (c) of
763	763	11 this section for a termination, failure to continue or
764	764	12 change in violation of this section, it is a complete
765	765	13 defense for the manufacturer to prove that the termination,
766	766	14 failure to continue or change was done in good faith and
767	767	15 for good cause.
768	768	16
769	769	17 (e) As used in this section:
770	770	18
771	771	19 (i) "Good cause" means any of the following:
772	772	20
773	773	21 (A) Failure by the distributor to comply
774	774	22 substantially with the provisions of an agreement or 2025STATE OF WYOMING25LSO-046536HB0267
775	775	1 understanding with the manufacturer, if the provisions are
776	776	2 both essential and reasonable;
777	777	3
778	778	4 (B) Bad faith by the distributor or failure
779	779	5 of the distributor to observe reasonable commercial
780	780	6 standards of fair dealing in the trade;
781	781	7
782	782	8 (C) Revocation, or suspension for more than
783	783	9 thirty (30) days, of the distributor's license.
784	784	10
785	785	11 (ii) "Good faith" is the duty of each party to
786	786	12 any franchise and all officers, employees or agents thereof
787	787	13 to act in a fair manner towards each other.
788	788	14
789	789	15-51-213. Safe harbor.
790	790	16
791	791	17 (a) The testing requirements under W.S. 11-51-206,
792	792	18 the label requirements under W.S. 11-51-207 and the product
793	793	19 registration requirements under W.S. 11-15-208 shall not
794	794	20 apply to any consumable hemp product manufactured or held
795	795	21 in Wyoming if the product will not be sold by a retailer in
796	796	22 Wyoming or will not be sold to a consumer in Wyoming.
797	797	23 2025STATE OF WYOMING25LSO-046537HB02671 (b) Nothing in this section shall be deemed to
798	798	2 prevent the division from conducting inspections as
799	799	3 provided in W.S. 11-51-204(b) to ensure compliance with
800	800	4 this article.
801	801	5
802	802	6W.S. 11-51-101(a)(iii), (iv), (vi) and by
803	803	7 creating new paragraphs (ix) through (xiii), 11-51-102(b),
804	804	8 11-51-103(a), 11-51-104(a)(intro), (iii) and (b) through
805	805	9 (d), 11-51-505(a), 11-51-106, 11-51-107, 14-3-310(a), (e)
806	806	10 and (f) and 35-7-1063(a) by creating a new paragraph (iv),
807	807	11 (b)(i), (ii), by creating a new paragraph (iii) and by
808	808	12 renumbering (iii) as (iv) are amended to read:
809	809	13
810	810	14 ARTICLE 1
811	811	15 HEMP PRODUCTION
812	812	16
813	813	17
814	814	18
815	815	19 (a) As used in this chapter:
816	816	20
817	817	21 (iii) "Hemp"
818	818	22 seeds and varieties of the plant cannabis sativa l.,
819	819	23 whether growing or not, 2025STATE OF WYOMING25LSO-046538HB0267
820	820	1
821	821	2
822	822	3 THC concentration of not more than three-tenths of one
823	823	4 percent (0.3%) on a dry weight basis; when using
824	824	5
825	825	6
826	826	7
827	827	8 (iv) "Licensee" means a person licensed under
828	828	9 this chapter article to produce, process or test hemp;
829	829	10
830	830	11 (vi) "Process" means converting hemp into
831	831	12 product, excluding a consumable hemp
832	832	13 that contains no synthetic substance and that
833	833	14 contains no more than three-tenths of one percent (0.3%)
834	834	15 THC on a dry weight basis when using post-decarboxylation
835	835	16 or another similarly reliable testing method;
836	836	17
837	837	18
838	838	19
839	839	20
840	840	21
841	841	22
842	842	23 2025STATE OF WYOMING25LSO-046539HB0267
843	843	1
844	844	2
845	845	3
846	846	4
847	847	5
848	848	6
849	849	7
850	850	8
851	851	9
852	852	10
853	853	11
854	854	12
855	855	13
856	856	14
857	857	15
858	858	16
859	859	17
860	860	18
861	861	19
862	862	20
863	863	21
864	864	22 2025STATE OF WYOMING25LSO-046540HB02671
865	865	2
866	866	3
867	867	4
868	868	5
869	869	6
870	870	7
871	871	8
872	872	9
873	873	10
874	874	11
875	875	12
876	876	13
877	877	14
878	878	15
879	879	16
880	880	17
881	881	18 (b) Notwithstanding the requirements of this chapter,
882	882	19 the possession, purchase, sale, transportation and use of
883	883	20 hemp and hemp products by any person is allowable
884	884	21
885	885	22 as provided in W.S.
886	886	2311-51-201 through 11-51-213. 2025STATE OF WYOMING25LSO-046541HB0267
887	887	1
888	888	2
889	889	3
890	890	4 (a) No person shall produce
891	891	5 unless the person has obtained a license from
892	892	6 the department on a form provided by the department.
893	893	7
894	894	8
895	895	9
896	896	10
897	897	11
898	898	12
899	899	13 (a) The department shall perform inspections and
900	900	14 provide chemical sampling and analysis of production or
901	901	15 processing activities by licensees to determine compliance
902	902	16 with this . The department may require
903	903	17 verification of effective disposal by licensees of hemp or
904	904	18 hemp products
905	905	19 contain in excess of three-tenths of one percent (0.3%) THC
906	906	20 on a dry weight basis. For any sample, analysis or
907	907	21 verification conducted under this subsection, the
908	908	22 department shall assess the licensee fees as established by
909	909	23 rule of the department, not to exceed the following: 2025STATE OF WYOMING25LSO-046542HB0267
910	910	1
911	911	2 (iii) Two hundred fifty dollars ($250.00) for
912	912	3 verification of effective disposal of hemp or hemp products
913	913	4
914	914	5 of three-tenths of one percent (0.3%) THC on a dry weight
915	915	6 basis.
916	916	7
917	917	8 (b) Except as provided in subsection (e) of this
918	918	9 section, any licensee who violates any provision of this
919	919	10 or any regulation promulgated pursuant to
920	920	11 this shall be subject to a corrective
921	921	12 action plan. The corrective action plan may include
922	922	13 reporting requirements, additional inspections, suspension
923	923	14 of a license, steps necessary to restore a license,
924	924	15 requirements related to disposal of hemp or hemp products
925	925	16 that contain in excess of three-tenths of one percent
926	926	17 (0.3%) THC on a dry weight basis or providing notice of the
927	927	18 violation to the licensee's known creditors. The plan may
928	928	19 require rendering THC inaccessible by using hemp or hemp
929	929	20 products as a soil amendment material or by destruction of
930	930	21 the hemp or hemp product as authorized by rule of the
931	931	22 department.
932	932	23 2025STATE OF WYOMING25LSO-046543HB02671 (c) Any person who intentionally violates this
933	933	2 is guilty of a misdemeanor punishable by a
934	934	3 fine of not more than seven hundred fifty dollars
935	935	4 ($750.00), imprisonment for not more than six (6) months,
936	936	5 or both.
937	937	6
938	938	7 (d) If any person has three (3) or more violations of
939	939	8 this or any regulation promulgated pursuant
940	940	9 to this within five (5) years, the
941	941	10 department shall revoke the license and the person shall be
942	942	11 ineligible for licensure under this for
943	943	12 five (5) years.
944	944	13
945	945	14
946	946	15
947	947	16 (a) The department shall adopt rules necessary to
948	948	17 implement the provisions of this chapter article.
949	949	18
950	950	19-51-106. Disposition of fees.
951	951	20
952	952	21 All fees collected under this
953	953	22 deposited with the state treasurer in a separate account 2025STATE OF WYOMING25LSO-046544HB0267
954	954	1 which is continuously appropriated to the department for
955	955	2 the administration of this chapter article.
956	956	3
957	957	4-51107. Exception if this article is not
958	958	5
959	959	6
960	960	7 Nothing in this shall preclude any person
961	961	8 from applying for and receiving authorization to produce
962	962	9 and process hemp from another authorized entity if the
963	963	10 department does not receive authority to do so or is
964	964	11 otherwise not implementing this chapter article.
965	965	12
966	966	13
967	967	14
968	968	15
969	969	16 (a) No person or retailer shall sell, permit the
970	970	17 sale, offer for sale, give away or deliver
971	971	18 edible
972	972	19 products or vaping products to any person under the age of
973	973	20twenty-one (21) years.
974	974	21
975	975	22 (e) It is an affirmative defense to a prosecution
976	976	23 under subsection (a) this section that, in the case of a 2025STATE OF WYOMING25LSO-046545HB0267
977	977	1 sale, the person who sold the
978	978	2 edible product or vaping
979	979	3 product was presented with, and reasonably relied upon, an
980	980	4 identification card which identified the person buying or
981	981	5 receiving the edible product or vaping product as being
982	982	6 over twenty-one (21) years of age.
983	983	7
984	984	8 (f) The prohibitions in this section shall not be
985	985	9 construed to apply to the sale or dispensing of cannabidiol
986	986	10 oil that has not more than three-tenths percent (0.3%) of
987	987	11 tetrahydrocannabinol to a parent or guardian for use by the
988	988	12 parent's or guardian's child who is less than
989	989	13 years of age.
990	990	14
991	991	15
992	992	16
993	993	17 (a) The provisions and penalties of this chapter
994	994	18 shall not apply to:
995	995	19
996	996	20
997	997	21
998	998	22
999	999	23 2025STATE OF WYOMING25LSO-046546HB02671 (b) As used in this section:
1000	1000	2
1001	1001	3 (i) Consumable hemp product" means
1002	1002	4
1003	1003	5
1004	1004	6
1005	1005	7
1006	1006	8;
1007	1007	9
1008	1008	10 (ii) "Synthetic substance" means as
1009	1009	11 defined by W.S. 11-51-101(a)(viii) 11-51-101(a)(iii);
1010	1010	12
1011	1011	13
1012	1012	14
1013	1013	15
1014	1014	16 (iv) "THC" means as defined by W.S.
1015	1015	17 11-51-101(a)(vii).
1016	1016	18
1017	1017	19W.S. 11-51-103(f)(ii) and 11-51-104(e) are
1018	1018	20 repealed.
1019	1019	21
1020	1020	22
1021	1021	23 department of agriculture shall adopt rules necessary to 2025STATE OF WYOMING25LSO-046547HB0267
1022	1022	1 implement the regulation of consumable hemp products, as
1023	1023	2 provided in sections 1 and 2 of this act, not later than
1024	1024	3 January 1, 2026.
1025	1025	4
1026	1026	5.
1027	1027	6
1028	1028	7 (a) Except as provided in subsection (b) of this
1029	1029	8 section, this act is effective immediately upon completion
1030	1030	9 of all acts necessary for a bill to become law as provided
1031	1031	10 by Article 4, Section 8 of the Wyoming Constitution.
1032	1032	11
1033	1033	12 (b) Sections 1 through 3 of this act are effective
1034	1034	13 January 1, 2026
1035	1035	14
1036	1036	15 (END)