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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.
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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
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.
Gleb is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to kickbox, travel, and tell everyone how awesome intermittent fasting is.