Yes, Kratom remains legal in Wyoming as of 2024, with no statewide ban or scheduling under state law. The Wyoming Controlled Substances Act does not classify Mitragyna speciosa as a controlled substance, and no local ordinances in major jurisdictions (e.g., Cheyenne, Casper, or Jackson) have imposed restrictions. However, the Wyoming Department of Health monitors emerging FDA and DEA advisories, creating potential future regulatory shifts.
Key Regulations for Kratom in Wyoming
- No State-Level Scheduling: Kratom is not listed in Wyoming’s controlled substances schedules, aligning with the Wyoming Controlled Substances Act (W.S. 35-7-1001 et seq.).
- Local Ordinance Gaps: Municipalities lack authority to classify Kratom as a controlled substance under state law, per W.S. 15-1-102, which preempts local drug scheduling.
- FDA and DEA Influence: While the FDA has issued warnings (e.g., 2023 advisory on potential health risks), these lack binding legal force in Wyoming. The DEA’s 2026 review of Kratom’s scheduling status may prompt legislative action if reclassified.
Retailers must comply with Wyoming’s food safety laws (W.S. 11-4-101) and labeling requirements, ensuring products are not marketed as dietary supplements for unproven medical claims. The Wyoming Attorney General’s Office has not issued formal guidance, leaving enforcement discretion to local health departments. Consumers and vendors should monitor the Wyoming Legislature’s 2025–2026 session for potential amendments to the Uniform Controlled Substances Act.