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Wyoming Governor Enacts Ban on Delta-8 THC, Shaking the Foundation of the Hemp Industry

Wyoming's Governor, Mark Gordon, a Republican, has recently enacted legislation that effectively prohibits delta-8 THC products within the state. This move casts a shadow of uncertainty over Wyoming's nascent hemp-derived cannabinoid market.

The legislation, referred to as Senate File 32, was meticulously designed by lawmakers to curb the availability of psychoactive cannabinoids. It lays down strict guidelines, stating that no individual or business with a license is permitted to:

  • Manufacture, process, or distribute hemp or hemp-derived products if they contain THC levels exceeding 0.3% on a dry weight basis, as determined by post-decarboxylation or other equally reliable testing methods;

  • Introduce, modify, or incorporate any synthetic substances into hemp or hemp-derived products that are produced, processed, or distributed under this statute.

Starting from July 1, the enforcement of these regulations will involve chemical analyses to verify that the hemp products sold by retailers adhere to the legal requirements.

The implications of these regulatory changes are profound for hemp retailers in Wyoming. Many are expressing concerns that this could not only force numerous businesses to close but also impact the sale of CBD products. Despite CBD's lack of psychoactive effects and its widespread use for medicinal purposes, its legality is now being questioned under the new law.

The popularity of hemp-derived delta-8 THC products surged following the 2018 Farm Bill, which legalized industrial hemp and its derivatives across the United States. These delta-8 products are commonly produced by converting hemp-derived CBD and other cannabinoids into delta-8 THC, a process that has now been impacted by Wyoming's recent legislation.

Wyoming's decision to ban delta-8 THC products arrives shortly after a similar declaration by the Arizona attorney general, marking a growing trend of regulatory actions against delta-8 sales.


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