2025
STATE OF WYOMING
25LSO-04651HB0267
HOUSE BILL NO. HB0267
Regulation of hemp.
Sponsored by: Representative(s) Singh, Andrew, Provenza and
Yin and Senator(s) Rothfuss
A BILL
for
1 AN ACT relating to hemp products; providing for regulation
2 of the manufacture, distribution and sale of consumable
3 hemp products as specified; requiring licensure of
4 consumable hemp product manufacturers, distributors and
5 retailers by the Wyoming liquor division; imposing an
6 excise tax on the retail sale of consumable hemp products;
7 providing definitions; providing penalties; requiring
8 reports; requiring rulemaking; making conforming
9 amendments; repealing conflicting provisions; and providing
10 for effective dates.
11
12
13
14W.S. 11-51-201 through 11-51-213 are
15 created to read: 2025STATE OF WYOMING25LSO-04652HB0267
1
2 ARTICLE 2
3 CONSUMABLE HEMP PRODUCTS
4
5
6
7 The purpose of this article is to regulate the manufacture,
8 distribution and sale of consumable hemp products.
9
10
11
12 (a) As used in this article, unless the context
13 otherwise requires:
14
15 (i) "Batch" means any one (1) or more of the
16 following:
17
18 (A) A specific quantity of hemp plants that
19 are cultivated from the same seed or plant stock, are
20 cultivated together, are intended to be harvested together
21 and that receive an identical propagation and cultivation
22 treatment;
23 2025STATE OF WYOMING25LSO-04653HB02671 (B) A specific quantity of hemp flower that
2 is harvested together, is uniform and is intended to meet
3 specifications for identity, strength, purity and
4 composition and that receives identical sorting, drying,
5 curing and storage treatment;
6
7 (C) A specific quantity of hemp-derived
8 consumable product that is:
9
10 (I) Manufactured at the same time and
11 using the same methods, equipment and ingredients;
12
13 (II) Uniform and intended to meet
14 specifications for identity, strength, purity and
15 composition;
16
17 (III) Manufactured, packaged and
18 labeled according to a single batch production record that
19 is executed and documented.
20
21 (ii) "Batch number" means a unique numeric or
22 alphanumeric identifier assigned to a batch of hemp plants
23 or hemp-derived consumable products; 2025STATE OF WYOMING25LSO-04654HB0267
1
2 (iii) "Business" means any of the following
3 licensed under this article a consumable hemp product:
4
5 (A) Distributor;
6
7 (B) Retailer;
8
9 (C) Manufacturer.
10
11 (iv) "Counter" means the point of purchase in a
12 retail establishment that provides separation designed to
13 make an area of the retail establishment inaccessible to
14 the customer;
15
16 (v) "Distributor" means a person that purchases
17 consumable hemp products from manufacturers and sells them
18 to retailers;
19
20 (vi) "Division" means the Wyoming liquor
21 division within the department of revenue created under
22 W.S. 12-2-106;
23 2025STATE OF WYOMING25LSO-04655HB02671 (vii) "Franchise" means a written or oral
2 arrangement for a definite or indefinite period, in which a
3 person grants to another person a license to use a trade
4 name, trademark, service mark or related characteristic and
5 in which there is a commonality of interest in the
6 marketing of goods or services at wholesale, retail, by
7 lease, agreement or otherwise, including but not limited to
8 a commercial relationship of definite or indefinite
9 duration between a manufacturer and distributor where the
10 distributor is granted the right to offer, sell and
11 distribute within this state or any designated area of the
12 state some or all of the manufacturer's consumable hemp
13 products to retailers;
14
15 (viii) "Independent testing laboratory" means a
16 laboratory that meets all of the following conditions:
17
18 (A) The laboratory holds an ISO 17025
19 accreditation, is registered with the United States drug
20 enforcement administration in accordance with 21 C.F.R. §
21 1301.13 or holds an equivalent accreditation;
22 2025STATE OF WYOMING25LSO-04656HB02671 (B) The laboratory does not have a direct
2 or indirect interest in the person or entity whose product
3 is being tested or in a facility that cultivates,
4 processes, distributes, dispenses or sells consumable hemp
5 products in this state or any other jurisdiction;
6
7 (C) The laboratory performs
8 tetrahydrocannabinol concentration sampling and testing
9 using the high-performance chromatography method or another
10 method of testing authorized by the division.
11
12 (ix) "License" means a license issued in
13 accordance with this article;
14
15 (x) "Manufacture" means to compound, blend,
16 extract, infuse, cook or otherwise make or prepare
17 consumable hemp products, including the processes of
18 extraction, infusion, packaging, repackaging, labeling and
19 relabeling of consumable hemp products;
20
21 (xi) "Manufacturer" means any person who
22 manufactures consumable hemp products;
23 2025STATE OF WYOMING25LSO-04657HB02671 (xii) "Producer" means any person who engages in
2 the process of farming and harvesting hemp that is intended
3 to be used in the manufacture of a hemp-derived consumable
4 product;
5
6 (xiii) "Proof of age" means a valid driver's
7 license or other government-issued identification card that
8 contains a photograph of the person and confirms the
9 person's age as twenty-one (21) years of age or older;
10
11 (xiv) "Retail establishment" means a place of
12 business open to the general public for the sale of goods
13 or services and includes a food service establishment;
14
15 (xv) "Retailer" means any person who sells
16 consumable hemp products for consumption and not for
17 resale;
18
19 (xvi) "Serving" means a quantity of a consumable
20 hemp product indicated on the packaging of the consumable
21 hemp product;
22 2025STATE OF WYOMING25LSO-04658HB02671 (xvii) "Tincture" means hemp-infused liquid or
2 oils administered orally in small amounts using a dropper
3 that indicates the serving size.
4
5
6
7 (a) No person shall act as a distributor,
8 manufacturer or retailer of consumable hemp products unless
9 the person has a license as a business issued under this
10 article and the consumable hemp product manufactured,
11 distributed or sold at retail by the person is registered
12 with the division as provided in this article.
13
14 (b) No person shall do any of the following:
15
16 (i) Knowingly sell or distribute a consumable
17 hemp product to a person who is under twenty-one (21) years
18 of age;
19
20 (ii) Except as provided in subsection (g) of
21 this section, knowingly purchase a consumable hemp product
22 on behalf of a person who is under twenty-one (21) years of
23 age; 2025STATE OF WYOMING25LSO-04659HB02671
2 (iii) Except as provided in subsection (h) of
3 this section, knowingly persuade, entice, send or assist a
4 person who is under twenty-one (21) years of age to
5 purchase, acquire, receive or attempt to purchase a
6 consumable hemp product;
7
8 (iv) Knowingly distribute samples of consumable
9 hemp products outside of a retail establishment unless
10 specifically authorized under this article;
11
12 (v) Knowingly sell or distribute a consumable
13 hemp product without having first obtained proof of age
14 from the purchaser or recipient, unless an ordinary person
15 would conclude on the basis of appearance that the
16 purchaser or recipient is not under the age of twenty-one
17 (21) years.
18
19 (c) Except as provided in subsection (g) of this
20 section, no person who is under twenty-one (21) years of
21 age shall knowingly purchase, possess or accept receipt of
22 a consumable hemp product or knowingly present purported
23 proof of age that is false, fraudulent or not actually that 2025STATE OF WYOMING25LSO-046510HB0267
1 person for the purpose of purchasing or receiving a
2 consumable hemp product.
3
4 (d) All consumable hemp products, except beverage
5 products that do not exceed a total of ten (10) milligrams
6 per serving of delta-8 THC, delta-9 THC, delta-10 THC or
7 any combination of those, shall be maintained behind the
8 counter of a retail establishment or in another area that
9 is inaccessible to a customer. Any consumable hemp product
10 beverage, including those in cases or boxes, offered for
11 retail sale shall be merchandised in a manner to clearly
12 indicate to consumers that the product contains
13 hemp-derived cannabinoids. Failure to maintain consumable
14 hemp products in accordance with this subsection is a
15 violation of this section.
16
17 (e) No person shall deliver, ship or cause to be
18 delivered or shipped any consumable hemp product beverage
19 directly to any person who is not licensed under this
20 article. It shall not be a violation of this subsection for
21 any delivery of a consumable hemp product beverage to a
22 customer at a retail establishment or at a location
23 otherwise authorized under this article. 2025STATE OF WYOMING25LSO-046511HB02671
2 (f) A first violation of any provision of this
3 section shall result in a fine of not more than two hundred
4 fifty dollars ($250.00). A second or subsequent violation
5 of any provision of this section shall be a misdemeanor
6 punishable by a fine of not more than seven hundred fifty
7 dollars ($750.00), imprisonment for not more than six (6)
8 months, or both.
9
10 (g) It shall not be a violation of this section for a
11 person under the age of twenty-one (21) years to possess or
12 consume consumable hemp products under the supervision of
13 the person's parent or guardian if the parent or guardian
14 has a written document from a physician recommending the
15 use of consumable hemp products for the person under the
16 age of twenty-one (21) years.
17
18 (h) This section does not preclude law enforcement
19 efforts to purchase consumable hemp products from retail
20 establishments involving:
21 2025STATE OF WYOMING25LSO-046512HB02671 (i) The use of a minor seventeen (17) years of
2 age or younger if the minor's parent or legal guardian has
3 provided consent; or
4
5 (ii) The use of a person aged eighteen (18),
6 nineteen (19) or twenty (20) years if the individual
7 provides consent.
8
9 (j) Any consumable hemp product sold or offered for
10 sale or consumption in violation of this section is subject
11 to seizure and forfeiture.
12
13 (k) Nothing in this article shall:
14
15 (i) Permit any person to undertake any task
16 under the influence of a consumable hemp product when doing
17 so would constitute negligence or professional malpractice
18 or would otherwise create a danger to the person or others;
19
20 (ii) Operate, navigate or be in actual physical
21 control of a motor vehicle, aircraft, motorized watercraft,
22 or any other vehicle while under the influence of a
23 hemp-derived cannabinoid; 2025STATE OF WYOMING25LSO-046513HB02671
2 (iii) Require an employer to allow the use of a
3 consumable hemp products in a workplace or allow an
4 employee to work while under the influence of a consumable
5 hemp product;
6
7 (iv) Exempt a person from prosecution for a
8 criminal offense related to impairment or intoxication
9 resulting from use of a consumable hemp product or relieve
10 a person from any requirement under law to submit to a
11 breath, blood, urine or other test to detect the presence
12 of a controlled substance.
13
14
15
16 (a) The division shall enforce this article in a
17 manner that may reasonably be expected to reduce the extent
18 to which consumable hemp products are sold or distributed
19 to persons under twenty-one (21) years of age. The
20 department of revenue shall adopt rules necessary to
21 implement this article.
22 2025STATE OF WYOMING25LSO-046514HB02671 (b) The division shall conduct random inspections of
2 consumable hemp products distributed or available for
3 distribution in the state for compliance with this article.
4 Inspections under this subsection shall include the
5 periodic sampling, analyzing and testing of consumable hemp
6 products distributed within the state for compliance with
7 the registration, labeling and testing requirements of this
8 article. The division may conduct an inspection under this
9 subsection for any reason the division determines is
10 necessary.
11
12 (c) Not later than November 1 of each year the
13 division shall submit a report to the joint judiciary
14 interim committee describing in detail the division's
15 enforcement efforts under this article. The report shall
16 also be made available to the public on the department of
17 revenue's website.
18
19
20
21 (a) Each business shall obtain a license from the
22 division prior to any manufacturing, distribution or retail
23 sale of any consumable hemp product. 2025STATE OF WYOMING25LSO-046515HB0267
1
2 (b) The application for a license under this section
3 shall include at minimum:
4
5 (i) The name and address of the applicant;
6
7 (ii) The physical address and legal description
8 of all property where the business will operate as a
9 distributor, manufacturer or retailer;
10
11 (iii) A statement that the applicant has not
12 been convicted of or pled no contest to a controlled
13 substance felony within the past ten (10) years, or in the
14 event the applicant is not an individual person, a
15 statement that no member, principal, officer or director of
16 the applicant has been convicted of or pled no contest to a
17 controlled substance felony;
18
19 (iv) Authorization for reasonable access by the
20 department for inspections and verifications related to
21 this article;
22 2025STATE OF WYOMING25LSO-046516HB02671 (v) Verification that the applicant is a
2 business entity organized under the laws of Wyoming or is a
3 Wyoming resident, as defined by rule of the department of
4 revenue;
5
6 (vi) Any other information required by rule of
7 the department of revenue.
8
9 (c) Subject to the limitations of subsection (e) of
10 this section, the division shall issue a license, or
11 renewal thereof, which is valid for one (1) year if:
12
13 (i) The requirements of subsection (b) of this
14 section are met, including that the applicant has not been
15 convicted of or pled no contest to a controlled substance
16 felony within the past ten (10) years; and
17
18 (ii) A fee of two hundred fifty dollars
19 ($250.00) for distributors or manufacturers and a fee of
20 one hundred dollars ($100.00) for retailers per location is
21 paid for each annual license or renewal application. If a
22 retailer has multiple locations, the fee under this 2025STATE OF WYOMING25LSO-046517HB0267
1 paragraph shall not exceed two thousand five hundred
2 dollars ($2,500.00).
3
4 (d) All fees collected under this section shall be
5 deposited with the state treasurer in a separate account,
6 which is hereby created and is continuously appropriated to
7 the department of revenue for the administration of this
8 article by the division.
9
10 (e) Except in the case of a manufacturer who sells
11 less than one thousand (1,000) gallons of consumable hemp
12 product beverages per year:
13
14 (i) No person who is engaged in the production,
15 manufacturing, distribution or sale of consumable hemp
16 product beverages shall hold more than one (1) type of
17 license under this section or have any financial interest,
18 either direct or indirect, in a person holding any of the
19 other types of licenses under this section;
20
21 (ii) No consumable hemp product beverage
22 manufacturer shall directly solicit, sell or otherwise
23 convey consumable hemp product beverages to retailers. 2025STATE OF WYOMING25LSO-046518HB0267
1 Manufacturers of consumable hemp product beverages are
2 authorized to solicit and sell consumable hemp product
3 beverages to distributors. Distributors are authorized to
4 solicit and sell consumable hemp product beverages to
5 retailers.
6
7 (f) The division may suspend, revoke or not renew any
8 license issued under this article if, after notice and
9 opportunity for a hearing, the division finds the provider
10 has violated this article or any rule promulgated under
11 this article.
12
13
14
15 (a) Each manufacturer shall have all consumable hemp
16 products or each batch of consumable hemp products tested
17 prior to distribution to a distributor for distribution in
18 Wyoming or before distributing the product to a retailer.
19 If a consumable hemp product is packaged in a manner that
20 may be sold to the ultimate consumer after being delivered
21 to the distributor and the distributor does not open the
22 package, the distributor is not required to further test
23 the consumable hemp product under this section. If the 2025STATE OF WYOMING25LSO-046519HB0267
1 consumable hemp product or batch of consumable hemp
2 products is not packaged in a manner that may be sold to
3 the ultimate consumer after being delivered to the
4 distributor or if the distributor opens the package, the
5 distributor shall have the consumable hemp product tested
6 prior to distribution as provided in this section. The
7 testing under this section shall determine the presence and
8 amounts of any of the substances listed in subsection (b)
9 of this section. No product that contains more than the
10 maximum amount indicated for any substance in subsection
11 (b) of this section shall be distributed or sold in this
12 state.
13
14 (b) The division, through the department of revenue,
15 shall promulgate rules specifying the pass and fail levels
16 for safety and toxicity with respect to the testing
17 required by this subsection. All consumable hemp products
18 offered for sale or distribution in this state shall be
19 tested for the presence of and amount of the following
20 substances:
21
22 (i) Heavy metals;
23 2025STATE OF WYOMING25LSO-046520HB02671 (ii) Pesticides;
2
3 (iii) Mycotoxins;
4
5 (iv) Solvents;
6
7 (v) Microbials;
8
9 (vi) THC.
10
11 (c) The manufacturer and distributor shall contract
12 with an independent testing laboratory to provide any
13 testing required under this section.
14
15 (d) An independent testing laboratory providing
16 testing required under this section shall use high
17 performance liquid chromatography or a comparable and
18 validated testing method for any separation and measurement
19 required in the testing.
20
21 (e) Each consumable hemp product or batch of
22 consumable hemp products tested in accordance with this
23 section shall be accompanied by a validly issued 2025STATE OF WYOMING25LSO-046521HB0267
1 certificate of analysis from an independent testing
2 laboratory. The certificate of analysis shall include all
3 of the following:
4
5 (i) The batch identification number;
6
7 (ii) The date the consumable hemp product or
8 batch was received for testing;
9
10 (iii) The date testing was completed;
11
12 (iv) The method of analysis for each test
13 conducted;
14
15 (v) Proof that the certificate of analysis is
16 issued for the product specified on the certificate.
17
18 (f) Each consumable hemp product or batch shall have
19 an expiration date on the label that conforms with
20 applicable federal law and shall be not more than two (2)
21 years from the date of publication of the product's
22 certificate of analysis required by this section.
23 2025STATE OF WYOMING25LSO-046522HB02671 (g) The division shall:
2
3 (i) Maintain and post on its website or the
4 website of the department of revenue a registry of testing
5 laboratories that are qualified to test consumable hemp
6 products;
7
8 (ii) Develop an application and process by which
9 qualifying laboratories are listed on the website as
10 provided in paragraph (i) of this subsection. The
11 application submitted by a potentially qualifying
12 laboratory shall include a sample certificate of analysis
13 issued by the applying laboratory.
14
15
16
17 (a) The label of each consumable hemp product offered
18 for distribution or sale in this state shall contain the
19 following information, legibly displayed:
20
21 (i) The product name or common name for the
22 product, on the front of the label;
23 2025STATE OF WYOMING25LSO-046523HB02671 (ii) The brand name of the product, on the front
2 of the label;
3
4 (iii) The net count of individual items in the
5 container, if applicable, on the front of the label;
6
7 (iv) The net weight or volume of the product;
8
9 (v) Suggested product use, including serving
10 sizes if the product is intended for ingestion or
11 inhalation;
12
13 (vi) A list of ingredients in the product,
14 including:
15
16 (A) The amount of any cannabinoid or
17 combination of cannabinoids, in milligrams;
18
19 (B) A list of allergens;
20
21 (C) The manufacturer or distributor name
22 and address;
23 2025STATE OF WYOMING25LSO-046524HB02671 (D) Batch number;
2
3 (E) A statement that use while pregnant or
4 breastfeeding may be harmful;
5
6 (F) A statement that the product contains
7 hemp-derived cannabinoids and that consumption of certain
8 cannabinoids may impair your ability to drive or operate
9 heavy machinery or motor vehicles;
10
11 (G) A statement to keep out of the reach of
12 children;
13
14 (H) A statement that it is unlawful for a
15 person less than twenty-one (21) years of age to use or
16 consume the product;
17
18 (J) A statement to consult your physician
19 before use;
20
21 (K) A statement that consuming consumable
22 hemp products may result in a failed drug test;
23 2025STATE OF WYOMING25LSO-046525HB02671 (M) The following text: "This product has
2 not been evaluated by the Food and Drug Administration.
3 This product is not intended to diagnose, treat, cure,
4 mitigate or prevent any disease.";
5
6 (N) The following text: "Warning – The
7 safety of this product has not been determined."; and
8
9 (O) An expiration date in accordance with
10 W.S. 11-51-206(f).
11
12 (b) No consumable hemp product labels shall:
13
14 (i) Have any likeness or bear any reasonable
15 resemblance to a human, animal, cartoon character or
16 fictional character known to appeal primarily to persons
17 under twenty-one (21) years of age;
18
19 (ii) Appear to imitate a food, candy or other
20 commonly available snack product that is typically marketed
21 toward or appealing to children.
22 2025STATE OF WYOMING25LSO-046526HB02671 (c) The limitations of subsection (b) of this section
2 shall not prevent the use of drawings, illustrations or
3 artwork depicting nonmythical creatures, inanimate objects,
4 scenery, humanoid characters, fruit or flavor focused
5 images or any other items not known to appeal primarily to
6 persons under twenty-one (21) years of age.
7
8-51208. Product requirements and restrictions.
9
10 (a) Each consumable hemp product that is sold in this
11 state shall meet the following requirements:
12
13 (i) Be labeled in accordance with W.S. 11-51-207
14 and include a quick response code that directs consumers to
15 all testing requirements specified by W.S. 11-51-206;
16
17 (ii) Satisfy the child resistant effectiveness
18 standards under 16 C.F.R. § 1700.15(b)(1) when tested in
19 accordance with the requirements set forth in 16 C.F.R. §
20 1700.20. This paragraph shall not apply to consumable hemp
21 product beverages;
22 2025STATE OF WYOMING25LSO-046527HB02671 (iii) Be manufactured in the United States under
2 the applicable law governing the manufacture of consumable
3 hemp products in the jurisdiction where the product was
4 manufactured.
5
6 (b) No consumable hemp product intended for
7 ingestion, including beverage products, shall:
8
9 (i) Be sold in a serving that contains more than
10 one hundred (100) milligrams, in the aggregate, of any
11 combination of delta-8 THC, delta-9 THC and delta-10 THC;
12
13 (ii) Be formed in the shape of an animal or
14 cartoon character.
15
16 (c) No consumable hemp product intended for
17 inhalation shall:
18
19 (i) Be sold in a container that contains more
20 than six (6) milliliters or six (6) milligrams of
21 hemp-derived cannabinoids, in the aggregate, of any
22 combination of delta-8 THC, delta-9 THC and delta-10 THC;
23 2025STATE OF WYOMING25LSO-046528HB02671 (ii) Have a certificate of analysis issued by an
2 independent testing laboratory that was issued more than
3 twelve (12) months before the date of the sale.
4
5-51209. Product registration.
6
7 (a) Each consumable hemp product distributed or
8 available for sale in Wyoming shall be officially
9 registered annually with the division and shall comply with
10 the following requirements:
11
12 (i) Application for registration shall be made
13 to the division on a form required by the division and
14 shall include the following information:
15
16 (A) The name and address of the applicant
17 and the name and address of the person whose name will
18 appear on the label, if different than the applicant;
19
20 (B) The name of the product;
21
22 (C) The type and use of the product;
23 2025STATE OF WYOMING25LSO-046529HB02671 (D) A complete copy of the label as it will
2 appear on the product in a legible format;
3
4 (E) If the product has been assigned a
5 national drug code in accordance with 21 C.F.R. § 207.33,
6 the applicant shall provide the national drug code number;
7 and
8
9 (F) A certificate of analysis from an
10 independent testing laboratory for the consumable hemp
11 product in compliance with W.S. 11-51-206.
12
13 (b) The division may deny registration of a
14 consumable hemp product for an incomplete application.
15
16 (c) A new registration shall be required under this
17 section for any of the following:
18
19 (i) Any change in the ingredients of the
20 consumable hemp product, including any change in the amount
21 or ratio of the ingredients;
22
23 (ii) A change to the directions for use; 2025STATE OF WYOMING25LSO-046530HB02671
2 (iii) A change of name for the product.
3
4 (d) If there are any changes to a consumable hemp
5 product that do not require a new registration under
6 subsection (c) of this section, the registrant shall submit
7 copies of each label change to the division as soon as the
8 changes are effective.
9
10 (e) A hemp-derived consumable product that has been
11 discontinued shall continue to be registered in the state
12 until the product is no longer available for distribution
13 or sale.
14
15 (f) The registrant is responsible for the accuracy
16 and completeness of all information submitted under this
17 section.
18
19-51-210. Retail establishments.
20
21 (a) Each retail establishment that offers consumable
22 hemp products shall be licensed as a retailer by the
23 division in accordance with this article. 2025STATE OF WYOMING25LSO-046531HB02671
2 (b) No retailer shall sell or offer for sale any
3 consumable hemp product unless the product is registered
4 with the division as provided in W.S. 11-51-209.
5
6 (c) A retailer may offer consumable hemp products at
7 a temporary event or festival after registering the event
8 with the division and paying an event registration fee of
9 one hundred dollars ($100.00).
10
11 (d) No retailer shall be located within one hundred
12 (100) feet of a school if children under the age of
13 eighteen (18) years attend the school.
14
15 (e) No business that distributes, sells or serves
16 consumable hemp products shall employ any person who is
17 under twenty-one (21) years of age, unless the person
18 employed is at least eighteen (18) years of age and is
19 under the direct supervision of a person twenty-one (21)
20 years of age or older.
21
22 (f) Except as otherwise provided in this subsection,
23 only pre-packaged registered consumable hemp products shall 2025STATE OF WYOMING25LSO-046532HB0267
1 be offered as ready-to-consume or for direct consumption at
2 a retailer. Consumable hemp products shall not be added to
3 an ingestible food product by a retailer, provided that
4 consumable hemp product beverages may be added to a
5 nonalcoholic ingestible beverage product at a retailer that
6 is a food service establishment. A retailer that is a food
7 service establishment shall, upon request, provide the
8 consumer with copy of the consumable hemp product's
9 registration with the division in conjunction with
10 incorporating a consumable hemp product beverage with a
11 nonalcoholic beverage under this subsection.
12
13 (g) Any retailer offering on-site consumption of
14 consumable hemp products shall provide to consumers upon
15 request:
16
17 (i) The common name of the product;
18
19 (ii) The distributor or manufacturer of the
20 product;
21
22 (iii) A copy of the division's registration of
23 the consumable hemp product. 2025STATE OF WYOMING25LSO-046533HB0267
1
2 (h) A retailer offering on-site consumption of
3 consumable hemp products shall notify the division not
4 later than twenty-four (24) hours after the establishment
5 knows of any serious adverse event related to a consumable
6 hemp product sold by the establishment.
7
8 (j) No manufacturer or distributor shall pay a
9 retailer, nor shall any retailer accept, any payment,
10 credit or any other consideration to induce the retailer to
11 advertise or display a consumable hemp product in a certain
12 manner or to offer the consumable hemp product on the
13 retailer's licensed premises.
14
15-51-211. Excise tax.
16
17 (a) An excise tax at the rate of two percent (2%) is
18 imposed on the retail sale of a consumable hemp product.
19 The tax under this subsection is in addition to any tax
20 imposed under any other provision of federal, state or
21 local law. Except as provided in subsection (b) of this
22 section, the tax under this subsection shall be collected
23 and paid to the department of revenue in the same manner as 2025STATE OF WYOMING25LSO-046534HB0267
1 the sales tax on the consumable hemp product in accordance
2 with W.S. 39-15-101 through 39-15-111.
3
4 (b) All taxes collected under subsection (a) of this
5 section shall be reported, paid and accounted for
6 separately. All taxes collected under subsection (a) of
7 this section shall be deposited in the general fund.
8
9-51212. Franchises for distributors of consumable
10
11
12 (a) If more than one (1) franchise for the same brand
13 or brands of consumable hemp product beverages is granted
14 to different distributors in Wyoming, it is a violation of
15 this section for any manufacturer to discriminate between
16 the distributors with respect to any of the terms,
17 provisions or conditions of the franchises.
18
19 (b) Notwithstanding the terms, provisions and
20 conditions of any franchise, no manufacturer shall
21 unilaterally terminate, refuse to continue or substantially
22 change the condition of any franchise with a distributor
23 unless the manufacturer has first established good cause 2025STATE OF WYOMING25LSO-046535HB0267
1 for the termination, failure to continue or substantial
2 change.
3
4 (c) Any distributor may bring an action in a court of
5 competent jurisdiction against a manufacturer for violation
6 of any of the provisions of this section and may recover
7 damages sustained by the distributor together with the
8 costs of the action and reasonable attorney fees.
9
10 (d) In any action brought under subsection (c) of
11 this section for a termination, failure to continue or
12 change in violation of this section, it is a complete
13 defense for the manufacturer to prove that the termination,
14 failure to continue or change was done in good faith and
15 for good cause.
16
17 (e) As used in this section:
18
19 (i) "Good cause" means any of the following:
20
21 (A) Failure by the distributor to comply
22 substantially with the provisions of an agreement or 2025STATE OF WYOMING25LSO-046536HB0267
1 understanding with the manufacturer, if the provisions are
2 both essential and reasonable;
3
4 (B) Bad faith by the distributor or failure
5 of the distributor to observe reasonable commercial
6 standards of fair dealing in the trade;
7
8 (C) Revocation, or suspension for more than
9 thirty (30) days, of the distributor's license.
10
11 (ii) "Good faith" is the duty of each party to
12 any franchise and all officers, employees or agents thereof
13 to act in a fair manner towards each other.
14
15-51-213. Safe harbor.
16
17 (a) The testing requirements under W.S. 11-51-206,
18 the label requirements under W.S. 11-51-207 and the product
19 registration requirements under W.S. 11-15-208 shall not
20 apply to any consumable hemp product manufactured or held
21 in Wyoming if the product will not be sold by a retailer in
22 Wyoming or will not be sold to a consumer in Wyoming.
23 2025STATE OF WYOMING25LSO-046537HB02671 (b) Nothing in this section shall be deemed to
2 prevent the division from conducting inspections as
3 provided in W.S. 11-51-204(b) to ensure compliance with
4 this article.
5
6W.S. 11-51-101(a)(iii), (iv), (vi) and by
7 creating new paragraphs (ix) through (xiii), 11-51-102(b),
8 11-51-103(a), 11-51-104(a)(intro), (iii) and (b) through
9 (d), 11-51-505(a), 11-51-106, 11-51-107, 14-3-310(a), (e)
10 and (f) and 35-7-1063(a) by creating a new paragraph (iv),
11 (b)(i), (ii), by creating a new paragraph (iii) and by
12 renumbering (iii) as (iv) are amended to read:
13
14 ARTICLE 1
15 HEMP PRODUCTION
16
17
18
19 (a) As used in this chapter:
20
21 (iii) "Hemp"
22 seeds and varieties of the plant cannabis sativa l.,
23 whether growing or not, 2025STATE OF WYOMING25LSO-046538HB0267
1
2
3 THC concentration of not more than three-tenths of one
4 percent (0.3%) on a dry weight basis; when using
5
6
7
8 (iv) "Licensee" means a person licensed under
9 this chapter article to produce, process or test hemp;
10
11 (vi) "Process" means converting hemp into
12 product, excluding a consumable hemp
13 that contains no synthetic substance and that
14 contains no more than three-tenths of one percent (0.3%)
15 THC on a dry weight basis when using post-decarboxylation
16 or another similarly reliable testing method;
17
18
19
20
21
22
23 2025STATE OF WYOMING25LSO-046539HB0267
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 2025STATE OF WYOMING25LSO-046540HB02671
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 (b) Notwithstanding the requirements of this chapter,
19 the possession, purchase, sale, transportation and use of
20 hemp and hemp products by any person is allowable
21
22 as provided in W.S.
2311-51-201 through 11-51-213. 2025STATE OF WYOMING25LSO-046541HB0267
1
2
3
4 (a) No person shall produce
5 unless the person has obtained a license from
6 the department on a form provided by the department.
7
8
9
10
11
12
13 (a) The department shall perform inspections and
14 provide chemical sampling and analysis of production or
15 processing activities by licensees to determine compliance
16 with this . The department may require
17 verification of effective disposal by licensees of hemp or
18 hemp products
19 contain in excess of three-tenths of one percent (0.3%) THC
20 on a dry weight basis. For any sample, analysis or
21 verification conducted under this subsection, the
22 department shall assess the licensee fees as established by
23 rule of the department, not to exceed the following: 2025STATE OF WYOMING25LSO-046542HB0267
1
2 (iii) Two hundred fifty dollars ($250.00) for
3 verification of effective disposal of hemp or hemp products
4
5 of three-tenths of one percent (0.3%) THC on a dry weight
6 basis.
7
8 (b) Except as provided in subsection (e) of this
9 section, any licensee who violates any provision of this
10 or any regulation promulgated pursuant to
11 this shall be subject to a corrective
12 action plan. The corrective action plan may include
13 reporting requirements, additional inspections, suspension
14 of a license, steps necessary to restore a license,
15 requirements related to disposal of hemp or hemp products
16 that contain in excess of three-tenths of one percent
17 (0.3%) THC on a dry weight basis or providing notice of the
18 violation to the licensee's known creditors. The plan may
19 require rendering THC inaccessible by using hemp or hemp
20 products as a soil amendment material or by destruction of
21 the hemp or hemp product as authorized by rule of the
22 department.
23 2025STATE OF WYOMING25LSO-046543HB02671 (c) Any person who intentionally violates this
2 is guilty of a misdemeanor punishable by a
3 fine of not more than seven hundred fifty dollars
4 ($750.00), imprisonment for not more than six (6) months,
5 or both.
6
7 (d) If any person has three (3) or more violations of
8 this or any regulation promulgated pursuant
9 to this within five (5) years, the
10 department shall revoke the license and the person shall be
11 ineligible for licensure under this for
12 five (5) years.
13
14
15
16 (a) The department shall adopt rules necessary to
17 implement the provisions of this chapter article.
18
19-51-106. Disposition of fees.
20
21 All fees collected under this
22 deposited with the state treasurer in a separate account 2025STATE OF WYOMING25LSO-046544HB0267
1 which is continuously appropriated to the department for
2 the administration of this chapter article.
3
4-51107. Exception if this article is not
5
6
7 Nothing in this shall preclude any person
8 from applying for and receiving authorization to produce
9 and process hemp from another authorized entity if the
10 department does not receive authority to do so or is
11 otherwise not implementing this chapter article.
12
13
14
15
16 (a) No person or retailer shall sell, permit the
17 sale, offer for sale, give away or deliver
18 edible
19 products or vaping products to any person under the age of
20twenty-one (21) years.
21
22 (e) It is an affirmative defense to a prosecution
23 under subsection (a) this section that, in the case of a 2025STATE OF WYOMING25LSO-046545HB0267
1 sale, the person who sold the
2 edible product or vaping
3 product was presented with, and reasonably relied upon, an
4 identification card which identified the person buying or
5 receiving the edible product or vaping product as being
6 over twenty-one (21) years of age.
7
8 (f) The prohibitions in this section shall not be
9 construed to apply to the sale or dispensing of cannabidiol
10 oil that has not more than three-tenths percent (0.3%) of
11 tetrahydrocannabinol to a parent or guardian for use by the
12 parent's or guardian's child who is less than
13 years of age.
14
15
16
17 (a) The provisions and penalties of this chapter
18 shall not apply to:
19
20
21
22
23 2025STATE OF WYOMING25LSO-046546HB02671 (b) As used in this section:
2
3 (i) Consumable hemp product" means
4
5
6
7
8;
9
10 (ii) "Synthetic substance" means as
11 defined by W.S. 11-51-101(a)(viii) 11-51-101(a)(iii);
12
13
14
15
16 (iv) "THC" means as defined by W.S.
17 11-51-101(a)(vii).
18
19W.S. 11-51-103(f)(ii) and 11-51-104(e) are
20 repealed.
21
22
23 department of agriculture shall adopt rules necessary to 2025STATE OF WYOMING25LSO-046547HB0267
1 implement the regulation of consumable hemp products, as
2 provided in sections 1 and 2 of this act, not later than
3 January 1, 2026.
4
5.
6
7 (a) Except as provided in subsection (b) of this
8 section, this act is effective immediately upon completion
9 of all acts necessary for a bill to become law as provided
10 by Article 4, Section 8 of the Wyoming Constitution.
11
12 (b) Sections 1 through 3 of this act are effective
13 January 1, 2026
14
15 (END)