Is Delta-8 THC Legal in Wyoming?

By | last updated December 20, 2021

Evidence Based 3

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Delta-8 THC is legal in Wyoming. Although the state has fairly restrictive cannabis laws, hemp and hemp-derived products like delta 8 are allowed.

Here’s a detailed breakdown of delta 8 legality in the Cowboy State. 


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Wyoming Delta-8 THC Laws

Wyoming’s hemp laws are similar to federal ones. The state allows hemp and hemp-derived products:

“Hemp” or “hemp product” means all parts, seeds and varieties of the plant cannabis sativa l., whether growing or not, or a product, derivative, extract, cannabinoid, isomer, acid, salt or salt of isomer made from that plant with a THC concentration of not more than three‑tenths of one percent (0.3%) on a dry weight basis when using post‑decarboxylation or another similarly reliable testing method;

(vii)  “THC” means tetrahydrocannabinol, the psychoactive component of the cannabis plant, with the scientific name trans‑delta 9‑tetrahydrocannabinol.

Wyoming House Bill HB0171, 2019

Hemp-derived delta 8 is legal under these definitions since it’s technically a hemp derivative with less than 0.3% delta-9 THC.

What is Delta-8 THC?

Delta-8 is a type of THC, the cannabis compound that gets you high. It’s similar to delta-9, the most common type of THC naturally found in cannabis.

Although delta-8 has the same effects as THC, such as euphoria and sleepiness, it’s not as potent (1). And because its levels in cannabis are low, delta 8 is usually made from hemp-derived CBD through a chemical process.

Why Delta-8 THC is Federally Legal

The 2018 Farm Bill legalized hemp products nationwide. 

But it also created a loophole allowing for hemp-derived delta 8 because the bill only limits the delta-9 THC levels of hemp products (no more than 0.3%). Other types of THC are not limited.

That’s why manufacturers can turn hemp-derived CBD into technically legal delta-8 THC through a chemical isomerization process.

States Where Delta-8 THC is Illegal

Every state can make its own laws and regulations for delta 8 THC.

Delta-8 THC is currently illegal in 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

The Future of Delta 8 in Wyoming

Delta 8 is likely to stay legal in Wyoming.

We don’t see the state legalizing recreational marijuana anytime soon, which is usually the catalyst behind banning or regulating delta-8 THC.

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