Is Delta-8 THC Legal in Wyoming? (Nov. 2023 Update)

By | Updated on November 1, 2023

Evidence Based 5

We personally test CBD products and may earn a commission if you shop through the links on this page. Here’s how we make money.

Hemp and hemp-derived products like delta 8 are allowed in Wyoming. But that may soon change. Keep reading for a detailed breakdown of delta 8 legality in the Cowboy State. 


Delta-8 THC is legal in Wyoming for now. However, the state is trying to pass new legislation that bans delta-8 THC.

If you’re looking for high-quality delta 8 products, I recommend Hometown Hero. This transparent Texas brand provides complete third-party test reports, which are critical for getting a safe and effective delta 8 THC product. It also donates a portion of every sale to veteran organizations.

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

However, state lawmakers are proposing a new bill that will ban delta-8, delta-10, and other forms of THC derived from hemp. They will meet on November 6, 2023, to discuss the bill.

More specifically, the bill will limit hemp to 0.3% of any THC (not just delta-9) and prohibit the addition of synthetic substances to hemp products. In this case, synthetic substances refer to cannabinoids like delta-8 and delta-10 THC that are made in a lab rather than occur naturally.

If the bill is passed, delta-8 and other hemp-derived intoxicating forms of THC like delta-10 will become illegal.

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 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Wyoming

If Wyoming state legislators pass their proposed bill, delta-8 THC will be banned in the state. But the last time they tried to pass a similar bill, they faced opposition from the state’s hemp industry. So it’s possible that the bill might be opposed again. We’ll have to wait and see what happens.

Leave a Comment