Is Delta 8 THC Legal in Wyoming?

YES - Delta 8 THC is Legal in Wyoming

Delta 8 THC is legal in Wyoming, aligning with the state's adaptation of the 2018 Farm Bill, which legalized hemp and hemp-derived products. According to Wyoming law, particularly the bill HB0171 (Chapter 51 - Hemp Production), "hemp" or "hemp product" is defined as all parts, seeds, and varieties of the Cannabis Sativa L. plant, or products made from that plant, with a THC concentration of not more than 0.3% on a dry weight basis. This definition includes cannabinoids, isomers, salts of isomers, and all other derivatives, thus making Delta-8-THC derived from legal hemp legal to sell and possess in the state. The legislation excludes hemp and hemp products from the Controlled Substances Act, emphasizing that the possession or use of hemp or hemp products is not subject to the provisions and penalties of the chapter concerning controlled substances​.

BILL NO. HB0171. CHAPTER 51 - HEMP PRODUCTION

11‑51‑101. Definitions.

(iii) “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.

35‑7‑1011. Control of substances.

(d) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law the commissioner shall control the substance under this act in the same manner as federal law within thirty (30) days after receiving notice of the change but not later than thirty (30) days after the first publication of the change in the Federal Register. Under this subsection, the commissioner shall control the substance in the same manner as federal law through the promulgation of an emergency rule, followed by promulgation of a permanent rule under the Wyoming Administrative Procedure Act. If the commissioner objects to the designation, rescheduling or deletion of a substance, the commissioner shall within the same period required to control the substance publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the commissioner shall publish his decision which shall be final unless altered by statute. Upon publication of an objection to designation, rescheduling or deletion under this act by the commissioner, control under this act is stayed until the commissioner publishes his final decision. Any final decision that ultimately controls the substance under this act in the same manner as federal law shall be finalized through the promulgation of an emergency rule, followed by the promulgation of a permanent rule under the Wyoming Administrative Procedure Act.

35‑7‑1063. Exceptions to provisions.

(a) The provisions and penalties of this chapter shall not apply to:

(i) The possession or use of hemp or hemp products for any purpose or application;

(iii) Hemp production, processing or testing in accordance with the provisions of W.S. 11‑51‑101 through 11‑51‑107.

(b) As used in this section “hemp” or “hemp product” means all parts, seeds and varieties of the plant cannabis sativa l. or a product made from that plant with a trans‑delta 9‑tetrahydrocannabinol (THC) concentration of not more than three‑tenths of one percent (0.3%) on a dry weight basis.

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Wyoming does not specify any possession limits for legal hemp products, including Delta-8-THC, allowing for its purchase and use within the state. However, it's crucial to ensure that Delta-8 products are sourced from legal hemp by a licensed grower and comply with state regulations. Despite its legality, buyers should be cautious, especially since Delta-8 could be easily confused with Delta-9 THC by authorities without proper documentation and lab testing​.

The legal status of Delta-8-THC in Wyoming is further underscored by the absence of it as a controlled substance in the state's legislation. This is confirmed by updates in the Controlled Substances Act within Wyoming law, which specifically states that the provisions and penalties of the chapter do not apply to the possession or use of hemp or hemp products​.

However, it's important to note that there was a draft bill proposed in September 2023 that could potentially change the legal status of Delta-8 THC in Wyoming by adding it to Schedule I, indicating that the legal landscape may be subject to change. This highlights the importance of staying informed about the current laws and regulations regarding Delta-8 THC in Wyoming​.

Despite its legal status, it's advisable to exercise caution when purchasing Delta 8 products, prioritizing purchases from reputable sources that provide third-party lab testing to ensure product safety and legality. Given the nuances of state and federal laws regarding hemp and hemp-derived products, it's also wise to stay informed about any legislative changes that could affect the availability and legality of Delta 8 THC in Wyoming​.

Wyoming's approach to Delta-8 THC reflects a broader trend of states interpreting federal hemp legislation to allow for the sale and possession of hemp-derived products, including cannabinoids like Delta-8 THC. However, given the dynamic nature of cannabis laws, it's crucial for consumers and businesses alike to remain vigilant about legal developments.