By Alex Viveros and Riley Zeleznik
Jackson Hole News&Guide
Via- Wyoming News Exchange

JACKSON – Wyoming state Sen. Cale Case, R-Lander, considers himself a conservative on many issues including, but not limited to, fiscal policy and the scope of government. But when it comes to marijuana, he wants red Wyoming to pull back.

“Medically, I think there should be no question,” Case said. “Why do we deny doctors to prescribe it when they feel it’s warranted, or for research to be performed to see where it can be a benefit?”

As states across the country soften their stances on marijuana legalization, Wyoming has retained some of the strictest marijuana laws in the nation. That’s after the Trump administration’s executive order in April that federally moved medical marijuana from a Schedule I drug — which includes heroin and other drugs considered the most dangerous — to a Schedule III drug, opening the door to research.

Wyoming’s attorney general recently objected to the Trump administration’s declassification. To some legislators, easing Wyoming’s marijuana laws is a nonstarter.

“Listening to my constituents for the past 10 years, it’s my strong belief that the people of Wyoming do not want marijuana to be legalized,” Sen. Tara Nethercott, R-Cheyenne, said.

Other legislators disagree with the state of marijuana legislation in Wyoming. They point to a University of Wyoming survey conducted in 2020, which showed that 54% of Wyomingites supported legalizing recreational marijuana and that 85% supported legalizing medical marijuana.

“I think for as long as I’ve been in the legislature, medical marijuana has been supported by a majority of Wyomingites,” Sen. Chris Rothfuss, D-Laramie, said. “It’s gotten to the point where general legislation is supported by a majority, and even a majority of republicans support legalization.”

Still, though legislation hasn’t changed in Wyoming, there might be at least one way to get a legal high supply in Jackson Hole. Establishments in Jackson sell THC-infused seltzers, which Teton County’s prosecutor says are legal under Wyoming law. Though he said Teton County would prosecute marijuana cases presented to by local law enforcement, cannabis isn’t necessarily top of mind.

“My overall belief is that, at this point, it’s just not a good use of law enforcement time, and frankly our prosecutorial resources,” Teton County Attorney Dick Stout said. “Certainly a low priority for my office.”

Illegal substance

Marijuana in Wyoming is illegal both medically and recreationally. That’s on par with federal law, which until recently, considered all marijuana a Schedule I drug — grouped with drugs like heroin and ecstasy.

But in April, the Trump administration issued an order that lowered medical marijuana’s federal classification. Officials bumped FDA-approved and state-regulated medical marijuana from Schedule I to Schedule III — with the likes of testosterone and ketamine — under the Controlled Substance Act. The declassification opened the door to long sought-after marijuana research.

It was then up to states whether to follow suit. On May 27, Keith Kautz, Wyoming’s attorney general, objected to declassifying medical marijuana in the Equality State. For starters, Wyoming does not even legalize medical marijuana, he said. But a decision to declassify marijuana wouldn’t be up to the attorney general but instead the state legislature, he said. Rothfuss agreed, despite backing legislation to legalize marijuana.

“It would be great if somehow we could just [opt] into that and go from Schedule I to Schedule III,” Rothfuss said. “But honestly, I don’t disagree with the A.G. in his interpretation that Wyoming statute doesn’t give him the authority to make such a decision. I don’t think the governor could do it, I don’t think anybody could do it except for the legislature.”

Since the Trump administration’s executive order applies to state-approved medical cannabis products, there would not be much impact in Wyoming from switching schedules, according to Daniel Kruger, a cannabis researcher at the University at Buffalo. That’s because the state bans medical marijuana.

Rep. Karlee Provenza, D-Laramie, said the attorney general’s objection seems “out of step” with the people of Wyoming. Beyond the ruling, she pushed for medical marijuana legalization.

“I think we should have aligned with federal law on this,” Provenza said. “But also we need to go further than that. We’ve just heard too many benefits from people like veterans who use it for PTSD and people who use it for chronic pain.”

Members of Wyoming’s Freedom Caucus have historically followed the Trump administration’s decisions, Rothfuss said. But caucus members have strayed from the administration’s lead and taken an anti-declassification stance, he said.

“All of these things, from a popular vote standpoint, should be passing,” Rothfuss said. “But it’s just an area where the elected Republican legislators are very clearly out of touch with the people of Wyoming.”

THC alternative

There may be one way to legally get high in Jackson.

Walking through the Liquor Store of Jackson Hole, among aisles of canned beer and bottled liquor, shoppers can find Wynk’s Delta-9 THC seltzers. Sen. Nethercott, an attorney who opposes marijuana legalization, however, believes that THC products, including seltzers, are not legal in the state. Rothfuss concurred with her interpretation.

But Stout, Teton County’s attorney who would be responsible for prosecuting marijuana cases in Jackson Hole, disagreed. State law, he said, allows for a very limited amount of THC to be in hemp products, which are derived from the same species of plant as marijuana. The hemp-derived THC seltzers sold in Jackson Hole, he said, abide by those rules.

Stout’s reasoning traces to the 2018 Farm Bill, which he said was adopted at both the federal and state levels and exempted hemp products from marijuana statutes. Those products were defined as those containing under 0.3% of delta-9 THC — the main intoxicating chemical compound in marijuana — by dry weight.

“They’re legal to possess now, under federal law at least, and I’m not aware of Wyoming going the other direction on it,” Stout said. “Local law enforcement has investigated these things and reached the same conclusion as me, that it’s not illegal for these agencies to be selling them.”

Wynk’s drinks are sold with THC amounts of 2.5 milligrams, 5 milligrams and 10 milligrams, enough to range from a mild high to fairly stoned for many users. An entire drink, by contrast, clocks in at 12 fluid ounces, which weighs around 350 grams, or 354,000 milligrams. That would mean even 10 milligrams would be far under the 0.3% threshold, according to Kruger.

Stout cautioned that such products would become illegal, at the federal level, in November due to Congress changing the rules.

Provenza was among the lawmakers who did not believe THC was able to be purchased in Wyoming.

“I’m surprised to hear that people are able to sell THC beverages,” Provenza said. “More power to them, I hope that the justice system doesn’t catch up with them if they find some way to make that illegal.”

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