Is Delta 8 THC Legal in Wyoming?

We look at what the law says about the legality of buying, selling and using Delta-8 THC in the State of Wyoming. This serves for informational purposes only and should not be considered any form of legal advice. 

Knowing that there is a lot of buzz surrounding the new type of psychoactive cannabinoid, Delta-8-THC, we first start with how Wyoming officials perceive Tetrahydrocannabinol (THC) in the state, in general.  With Delta 9-THC being found more abundantly naturally occurring than Delta 8-THC, we believe that's a good starting point.  Beyond the federal limit set forth in the 2018 Farm Bill, Wyoming doesn't have further restrictions for the Delta-9 THC level which is currently set to .3% Delta-9 THC as measured on a dry weight basis.

The measurement for the Delta-9 THC (D9) content is important beause it provides a way for residents to enjoy the euphoric effects of THC.  For example, residents can currently buy legal D9 edibles online without the need to visit a local shop, and that's just on the D9 THC side of things.  So with Wyoming already being a THC-friendly state, we look to the text to see what the State of Wyoming says about other psychoactive cannabinoid such as Delta 8 THC.

Yes, Delta 8 THC is legal in the State of Wyoming.

Delta-8 THC is legal according to the state law of Wyoming. Similar to the federal legislation, Wyoming legalized all industrial hemp derivatives, including all tetrahydrocannabinols (except Delta 9 THC).

Current Wyoming Delta-8 Legislation

The HB0171 bill involves Hemp, cannabidiol and other controlled substance regulation.

Within the "Definitions" (iii) section of the bill, they clearly define:

"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...

Further, the bill defines THC concentration as:

"THC" means tetrahydrocannabinol, the psychoactive component of the cannabis plant, with the scientific name trans‑delta 9‑tetrahydrocannabinol.

With this bill, the Wyoming State Legislature made it clear that hemp products under the delta-9 tetrahydrocannabinol concentration limit are legal in the State of Wyoming. This protects delta-8 tetrahydrocannabinol (Delta 8 THC), as it is not even considered for measurement according to the state law.

Wyoming Industrial Hemp Act

The Wyoming Hemp Program provides Rules Pertaining to Hemp which is publicly accessible and published by the Wyoming Department of Agriculture. In the rules, which became effective starting on 8/12/2020, the program echoes the measurement focus for the State by declaring the "Acceptable Hemp THC Level" as:

“Acceptable Hemp THC Level” means that when a laboratory tests a sample, it must report the delta-9 tetrahydrocannabinol content concentration level on a Dry Weight Basis and the Measurement of Uncertainty. The Acceptable Hemp THC Level for the purposes of compliance with the requirements of this rule is when the application of the Measurement of Uncertainty to the reported delta-9 tetrahydrocannabinol content concentration level on a Dry Weight Basis produces a distribution or range that includes 0.3% or less. This definition of “Acceptable Hemp THC Level” affects neither the definition of “hemp” nor the definition of “marihuana” or “marijuana” in Wyoming Statutes.

Clearly, governing officials are focused on regulating the delta9 tetrahydrocannabinol concentration limits of hemp plants and parts within the state. As Delta 8 THC (D8) is a derivative of hemp, even though it is a psychoactive component, the state's hemp program protects this, and isn't concerned as D8 has been eliminated as a consideration from overall tetrahydrocannabinol concentration levels.

Tetrahydrocannabinols in hemp naturally come in many forms such as D8, D10 (and more), though, the only type of tetrahydrocannabinol which is regulated at both the state and federal level is D9. Federal hemp law requires D9 to be under .3%, and Wyoming has followed that guidance on the state-level, too. The D8 level for hemp is undefined at both the federal and state level as D8 is simply one of the isomers of hemp, as well as being one of the 100+ cannabinoids in hemp plants.

In all official documents, Wyoming is providing clarification for how they address industrial hemp legal concerns which impacts everything from hemp production for farmers to medical marijuana laws (or the lack thereof in the state) for activists. Interestingly though, the HB0171 bill also ushered in amendments to the State's Controlled Substances Act, too.

List of controlled substances

The list of controlled substances in Wyoming provides the most recent updates on controlled substances in the State. The legal hemp plant and the hemp-derived components of the plant justified amending the list by officials.

Buying and Shipping Delta 8 in Wyoming

Since D8 is both federally legal and legal in the State of Wyoming, Delta 8 THC Products are legal to buy and consume in the state. As long as your shipping address is in Wyoming, you can buy delta 8 THC products online with no worries. Delta 8 gummies, anyone?

Border States to Wyoming:

Montana, South Dakota, Nebraska, Colorado, Utah, and Idaho

Advocacy Groups in Wyoming Supporting Delta 8 and Hemp Laws

Wyomingites are supportive of the D8 Movement and hemp-related causes, in general. Below are some of the groups that support the movement:

- Wyoming Hemp Association

- University of Wyoming - Hemp & IPM

- Wyoming NORML

Additionally, there are other groups not mentioned in the list which focus on modern marijuana policies and the cultivation of cannabis. Since the legalization of marijuana and regulation is out of scope for this page, we encourage you to search online to find additional resources to suit your needs. Federal marijuana legalization remains a contentious debate so we encourage you to do your own research to find local groups, if that is what you're interested in.

News stories covering raids or busts on Delta 8 Products and stores in Wyoming

4/25/2022:

Casper police seize THC products that look like common candy during traffic stop

7/27/2021:

District court imposes numerous sentences

3/3/2021:

Wyoming Lawmakers Introduce Bill to Legalize Cannabis

2/4/2021:

Wyoming Looking at Both Smokable Hemp Prohibitions and Move Toward Legal Medical Marijuana

12/19/2020:

Hemp growing workshops being hosted by UW extension

12/8/2020:

Majority of Wyomingites now support marijuana legalization, survey finds