Is Delta 8 Legal in Wyoming?

Beginning July 1, 2024, Delta 8 and similar psychoactive THC products will be banned from Wyoming, forcing residents to buy from online retailers and other non-traditional procurement options. 

Delta-8 THC, also known as the milder sibling compound of Delta-9 THC, has become a popular product among Wyomingites since the passage of the 2018 Farm Bill. Its mild psychoactive effect has been an attraction for people looking to medicate using the cannabis plant. 

Let’s investigate what the Delta-8 ban means for Wyoming consumers and the cannabis industry. 

Federal Legality of Delta 8 THC

The 2018 Farm Bill legalized derivatives of hemp containing less than 0.3% Delta 9 on a dry weight basis. Because the law only specified “Delta 9,” savvy cannabis entrepreneurs and the public took this as a sign to promote the commercialization of hemp-derived compounds—Delta 8, Delta 10, and other THC variants. 

In February 2023, the Drug Enforcement Administration or DEA declared Delta 8 THC and one other compound to be illegally controlled substances at the federal level. The announcement was made in a response letter after attorney Rod Kight made an inquiry. DEA insists that Delta 8 does not occur naturally in cannabis, and it can only be obtained synthetically through labs. 

Many opposed the DEA’s stance as a hasty generalization of the Delta 8 compound. While it’s true that Delta-8 products can be synthetically made, Delta 8 itself is naturally occurring in cannabis plants but at trace levels only. Hence, naturally derived versions of Delta 8 products still proliferate in the country and retain their status quo at the federal level. 

Current Legal Status of Delta 8 THC in Wyoming

Delta 8 THC in Wyoming is currently illegal through the Senate File 32, passed by the legislature sometime in March. Wyoming’s stance on the compound was further strengthened after a federal district court judge didn’t grant a restraining order or injunction against the compound ban. 

While the lawsuit continues to roll and could potentially overturn the ban, businesses whose sole offerings are Delta 8 and THC variants are suffering from financial constraints at the moment.  

Zooming in on Senate File 32

Senate File 32 is Wyoming’s perpetuating piece of legislation explicitly banning Delta 8, Delta 10, and other synthetic cannabinoids derived from hemp. The law does not distinguish between naturally occurring Delta 8 and synthetic Delta 8, effectively banning all forms and versions of Delta 8 state-wide. 

Here are the key points of Senate File 32, which has a subject that reads “Prohibiting the production and sale of hemp with psychoactive substances.”

• Hemp and hemp products may still be produced, processed, and sold in Wyoming. 
• Senate File 32 didn’t outlaw CBD and similar hemp products. 
• This act bans the addition of synthetic substances and additives to hemp products produced, processed, and sold in Wyoming. 
• The law prohibits the sale of hemp containing more than 0.3% of all THC isomers and psychoactive analogs. 
• Senate File 32 reinforces Delta 8 and other naturally occurring THC substances in cannabis to be a Schedule I substance. 
• Individuals who violate the 0.3% THC limitation are ineligible for a license to produce or process hemp. 
• Persons who violate the prohibition on the addition of synthetic substances and additives to hemp products shall face a misdemeanor charge. 
• The Department of Agriculture and the Commissioner of Drugs and Substances Control should enforce this act. 

Potential Changes in Legislation

Cannabis laws are ever-evolving in all 50 states, and Wyoming isn’t an exception. What may be banned today might not be for long. 

One example is the ongoing legal battle between a dozen Wyoming hemp companies and Senate File 32. Although the plaintiff group experienced a setback when their request for a temporary restraining order against the law in question was denied, the fate of Delta 8 has yet to be determined. 

Wyoming remains one of the few states that have not legalized medical weed. There have been attempts at medical marijuana initiatives in the past, but so far, not a single effort has led to a significant change in the legal system.  

Given the national sympathy towards legalizing weed for medical and adult use purposes, Wyoming may be revisiting discussions about legalizing medical marijuana in their jurisdiction. It’s best to watch these developments, especially now that the state is considering introducing ballot measures in Wyoming. 

Various bills have also been introduced aimed at decriminalizing marijuana, but none have made any significant dent. The most recent attempt by Provenza in 2024 decriminalizing weed failed even to be considered for an introduction in the Wyoming Legislature. 

What This Means for Consumers and Retailers

The passage of Senate File 32 has some great implications for the livelihood of those dedicated to selling THC products and for the consumers of Wyoming relying on Delta 8’s lulling powers. The following will get the most backlash:

• Access to THC products like Delta 8 THC
• Limited hemp product selections
• Grave impact on those relying on Delta 8 for relief and their freedom to choose alternative options other than those from big pharma
• Financial constraints on sellers
• Legal risks for those continuing to sell THC variants
• Multiple store closures

The Cannabis Products The Hemp Doctor Can Legally Offer in Wyoming

Hemp is still legal in Wyoming, so The Hemp Doctor can still ship hemp products that don’t violate the state’s current cannabis laws like the Senate File 32. Here are some of the products available for Wyomingites. 

Isolate CBD Products

Our isolate CBD products only contain CBD, excluding THC and other cannabinoids naturally present in hemp. We have CBD products for your pets, THC-free CBD tinctures, CBD + CBG Salve, and CBD Freeze Roll On. 

We are constantly looking for any legal changes in the cannabis industry per state. To that end, The Hemp Doctor complies with the current Wyoming hemp consumer laws and standards. We listed all of our products’ third-party testing certificates here to ensure that what you’re ordering from us is legal and doesn’t contain any traces of THC variants.

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