Wyoming Legalized Delta-8 THC in 2019, But Now Lawmakers Want to Ban It

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Lee Johnson

Lee Johnson is the senior editor at CBD Oracle, and has been covering science, vaping and cannabis for over 10 years. He has a MS in Theoretical Physics from Uppsala...

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Fact checked byNeil Willner

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Neil Willner

Neil M. Willner is an experienced cannabis attorney at Royer Cooper Cohen Braunfeld LLC and co-chair of the firm's Cannabis Group. He focuses his practice on the cannabis industry and...

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CBD and delta-8 THC products on display at a cannabis store in Wyoming
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Delta-8 THC is legal in Wyoming, but lawmakers appear to be gearing up to ban the cannabinoid in 2024.

The 2018 Farm Bill opened the hemp industry up for business, removing hemp-derived cannabinoids from the controlled substances bill and initiating commercial trade in delta-8 THC.

Wyoming got on board with this program, and didn’t place any further restrictions on delta-8 until 2023, when the state banned the sale of vaping and edible hemp products to minors aged under 18. 

Here’s where Wyoming hemp laws stand today and how things are likely to change in the future.   

It is legal to sell delta-8 THC in Wyoming, but only to adults aged 18 or over for edibles or vaping products.

Wyoming legalized hemp through House Bill (HB) 171, which defined hemp (section 11‑51‑101(a)(iii)) in line with the 2018 Farm Bill and made an exception to the controlled substances bill for hemp (section 35‑7‑1063(a)(i)). This means that delta-8 THC was legalized in the state, because the definition of hemp includes derivatives and cannabinoids in hemp, and these were made legal to possess (section 11‑51‑102(b)).   

The legislature passed HB 108 in 2023, and this bill makes it illegal to sell or give away any edible or vaping products containing THC to someone aged under 18 (14‑3‑310(a)). It also includes isomers of THC (section 14-3-301(a)(ix)(C)), which means delta-8 THC is explicitly included. 

RELATED: Where Is Delta-8 THC Legal? A State-by-State Guide

Can You Buy Delta-8 THC Products in Wyoming? 

Delta-8 THC is available to buy from brick and mortar hemp stores in the state and from online stores. 

Are There Age Restrictions on Delta-8 THC Products? 

After the passage of HB 108, it is illegal to sell edible THC products or vape products with THC to minors aged 18 or under. 

Closing Thoughts: The Future for Delta-8 THC in Wyoming 

Wyoming lawmakers appear to be gearing up to further restrict delta-8 THC in the state. 

Two bills have been drafted in 2023 that would ban delta-8 THC in Wyoming. The first proposes altering the definition of hemp so it can’t contain any THC of any type. The second explicitly includes delta-8 THC in the controlled substances list, apparently unaware of the fact that delta-6 THC (i.e. delta-8 THC under an old numbering system) is already listed right before the proposed amendment and that hemp is exempted from this list anyway.   

Although these bills are a touch on the extreme side – most CBD would be banned under the first and the second basically makes no sense – it is a sign of attitudes in the state. Additionally, the 2023 Farm Bill will likely include more restrictions on synthetically-produced THCs, so whether through state-initiated legislation or federal changes, delta-8 THC will likely be banned in Wyoming by the end of 2024.