Wyoming Court Upholds Ban on Delta-8 THC Products Amid Industry Appeal

15 August 2024

A federal judge in Wyoming has dismissed a lawsuit challenging the state’s ban on delta-8 THC and similar hemp-derived products, maintaining the prohibition that has disrupted the local hemp and cannabis industry since July 2024. The lawsuit, filed by a coalition of businesses, medical users, and an agricultural operation, argued that the ban violated constitutional protections, including interstate commerce laws, and was unconstitutionally vague. However, the court upheld Wyoming’s delta-8 THC ban, citing compliance with federal hemp regulations under the 2018 Farm Bill and the Controlled Substances Act, integral components of current marijuana law in the United States.

The delta-8 THC prohibition has significantly impacted Wyoming's once-thriving hemp-derived cannabinoids industry. Business owners report steep financial losses since the ban's implementation, while medical and recreational users face restricted access to products that previously provided relief. Despite these challenges, plaintiffs have filed an appeal with the 10th Circuit Court of Appeals, seeking to overturn the lower court’s ruling.

This decision emphasizes the importance of understanding state cannabis laws and the ongoing complexities of hemp compliance within federal frameworks. It also highlights how state restrictions on hemp-derived products like delta-8 THC can create challenges for businesses and users alike. Interested parties can learn more about Wyoming’s cannabis policies and federal hemp laws through resources like the Wyoming Department of Agriculture or the Drug Enforcement Administration (DEA), which regulates synthetic cannabinoids and THC thresholds.