Delta-8 is legal in Wyoming based on federal law and state law. The state of Wyoming may not have much population density but Wyomingians love their Delta-8! Keep reading to learn all about Delta-8 THC and its legal status in the Cowboy State.

What is Delta-8 THC?

Delta-8 THC is a cannabinoid. A cannabinoid is simply a substance that comes from the cannabis plant, and there are hundreds of them! Cannabidiol (CBD) and Delta-9 tetrahydrocannabinol (THC) are probably the two best known cannabinoids.

Delta-8 THC is one of the many other cannabinoids in the cannabis plant, and probably the next best known and loved! It is very similar to Delta-9 THC, including the potential to produce psychoactive effects. While Delta-8 THC can produce effects like those of Delta-9 THC, the well-known psychoactive component found in cannabis, Delta-8 is generally not quite as strong. 

Effects from a legal hemp product can be a great option for those who may become overwhelmed when using marijuana. Furthermore, in a state like Wyoming that does not allow recreational marijuana, Delta-8 and other hemp derived products are a great alternative.

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC all occur naturally in the cannabis plant, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is the main substance to cause psychoactive effects in cannabis. Delta-8 and Delta-10 molecules are very similar in structure and can produce similar effects as Delta-9, though typically at a lower intensity. 

Learn more about hemp-derived Delta-9 THC here: Is Hemp-Derived Delta-9 Legal in America?

Does Delta-8 THC get you high?

People may feel high after using THC products, including Delta-8. Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. The strength of Delta-8 THC effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

Does the Farm Bill make Delta-8 THC federally legal everywhere? 

For many years in the U.S., cannabis was illegal according to federal law whether or not it contained THC, the main psychoactive chemical that occurs naturally in the plant. In the 2010s, the United States Congress enacted two groundbreaking pieces of legislation, called “Agricultural Acts” and commonly known as the Farm Bills. 

These Bills recognized that hemp with very low Delta-9 THC concentration is distinct from higher-THC cannabis. In addition to the hemp plant, hemp extracts and hemp products, including THC isomers, are also allowed by the Farm Bills.

Thank a hemp farmer

The 2014 Farm Bill removed hemp from the Drug Enforcement Agency (DEA) list of Schedule 1 substances, and this was the seed of hemp’s recent legally produced resurgence. The Bill made hemp federally legal and allowed long-forbidden research into hemp-derived cannabinoids to begin in earnest.

The 2018 Farm Bill expanded on this, allowing people to produce, sell, and consume hemp-derived products, making it clear to legal experts that all other plant materials and substances derived from legally-defined hemp are also federally-compliant [1]. This protects Delta-8 THC and other cannabinoids under federal law.

These same laws define cannabis plants with less than 0.3% of Delta-9 THC per dry weight as hemp plants, and allow hemp in all 50 states. A plant with more than 0.3% Delta-9 THC per dry weight is defined as marijuana, and federal law still treats marijuana products as controlled substances on the DEA’s Schedule 1 list.

This is despite the fact that many states do allow medical use and/or adult recreational use of marijuana containing much more than 0.3% Delta-9 THC. 

Hemp is not a controlled substance

The Farm Bill, from the federal government, defines hemp as: 

Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Most states passed similar laws in the year or years following the Farm Bill’s enactment. Most of these adopted the same definition of hemp, and legalized hemp products. So they are no longer DEA controlled substances at the federal level.

To learn about Delta-8 in Wyoming’s neighboring states, check out Is Delta-8 Legal in Colorado?, Is Delta-8 Legal in Montana?, and Is Delta-8 Legal in Utah?

For all 50 states, read Is Delta-8 THC Legal in Your State?

Does Wyoming have medical marijuana?

Much of the country has access to medicinal marijuana. Wyoming “has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition [2].” The allowance is very narrow and there is no provision for access to said extracts.

House Bill 143 was introduced in 2022 that, if passed, would create the Wyoming Patient Cannabis Act of 2022. It would allow qualifying patients with a “debilitating medical condition” to access and consume medical marijuana. Qualifying conditions would include “cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, multiple sclerosis, Parkinson’s disease, Crohn’s disease, sickle-cell anemia, ulcerative colitis, dementia, Alzheimer’s disease, Tourette’s syndrome or any chronic 3 movement disorder, any terminal condition [3].”

Certain symptoms which a doctor thinks may be alleviated with medical marijuana are also covered. Those are, “cachexia, post-traumatic stress disorder, anxiety, autism, opiate dependency, daily nausea, migraines, seizures including those that are characteristic of epilepsy, intractable pain or persistent muscle spasms including those that are characteristic of multiple sclerosis [3].”

Does Wyoming have recreational marijuana?

No, recreational marijuana , or any type with Delta-9 THC concentration of over .3%, is strictly illegal in Wyoming. In fact, the state is known to have some of the strictest laws. State laws say that possession of any amount under 3 ounces is a misdemeanor, and any sale or distribution is a felony [4]! Possession limits on hash and concentrates are also frightfully low. 

Clearly the state needs to do some catching up to be in step with the rest of the country. But at least the hemp laws are modern.

Is Delta-8 THC legal in Wyoming?

Hemp-derived Delta-8 THC is legal in Wyoming, thanks to federal law and Wyoming state law. 

In 2019, with Wyoming’s HB 0171, state lawmakers removed hemp from the controlled substances schedules and allowed hemp and hemp derivatives with less than .3% Delta-9 THC. The Bill follows the federal law definitions of hemp and hemp products, keeping them free from any controlled substances act. This is all despite the fact that the state otherwise has some of the strictest cannabis laws against marijuana.

Where do you buy Delta-8 in Wyoming?

Delta-8 products are available in local stores operating legally across the state of Wyoming. For those who like saving money on the best quality products, order online from Earthy Select. We offer fast nationwide shipping of Delta-8 vape pens, gummies, tablets and other products from our online shop. Our quality is backed up by third party testing and COAs that you can see right on the website.

Parting thoughts on Delta-8 in Wyoming

Delta-8 THC is one of the many innovations to come from the resurgence of industrial hemp research and production in the United States. Interested parties know that cannabis prohibition won’t last forever and in the meantime we are thankful for hemp derived CBD and other amazing legal hemp products.

Wyoming has supported the legal status of hemp, and the industry processing hemp plants into CBD products and other extracts for some time. The state ultimately controls cannabis laws within its borders. 

Folks should do their own due diligence and can make their own choices about cannabinoids like Delta-8 THC with the confidence that state and federal law has their back.

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Medical Disclaimer / Legal Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a legal professional nor a medical expert. You should check with your local authorities and medical providers before buying or using any products.

References

1. HIA Position Statement on Delta-8 and Hemp Cannabinoids
2. NORML: Wyoming Penalties
3. State of Wyoming House Bill 0143
4. NORML: Wyoming Penalties

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