September 1, 2025
Wyoming delta-8 law 2025 is at a rare crossroads this year. With a federal court upholding the state’s comprehensive ban on hemp-derived intoxicants—including delta-8, delta-10, and HHC—Wyoming businesses remain in regulatory limbo. Meanwhile, draft legislation (House Bill 0267) teases a narrow exception for low-potency hemp beverages, potentially offering the state’s hemp retailers a fleeting lifeline. This post explains the legal, compliance, and operational realities facing Wyoming cannabis and hemp operators in Q3 and Q4 of 2025.
Wyoming lawmakers moved in 2024 to criminalize delta-8 THC and all other hemp-derived intoxicants, swiftly closing what had become a lucrative (and controversial) loophole in the 2018 Farm Bill. In July 2025, a federal district court dismissed a legal challenge by retailers, cementing the ban for the foreseeable future (MJBizDaily, Wyofile).
Key details of the current law:
With the court affirming the ban, state and local law enforcement have continued to investigate and shutter businesses found retailing illicit hemp-derived products. The compliance posture for Q3–Q4 2025 is clear: the ban remains in force until further statutory changes actually take effect. Litigation is ongoing, but these proceedings do not pause enforcement or provide any legal defense for operators.
While the ban holds, Wyoming’s legislature briefly considered a carveout for very low-potency edible hemp beverages under HB0267. The bill, introduced in January 2025, proposed allowing beverages with a total THC content not exceeding 10 mg per serving (Wyoming Legislature, LegiScan). Key requirements were floated:
As of September 2025, HB0267 did not advance to law, stalling in committee (LegiScan). The mere fact of its introduction, however, signals where future legislative compromise could emerge once litigation is resolved and federal policy clarifies hemp’s status.
Possession or sale of any hemp-derived product containing delta-8, delta-10, HHC, or similar intoxicants is illegal in Wyoming. Retailers, distributors, and manufacturers face immediate legal risk—regardless of ongoing lawsuits.
Takeaway: Do not stock, sell, or distribute any intoxicating hemp product. Remove all delta-8 and similar products from inventory and store records.
Until a bill like HB0267 is passed and signed into law, hemp beverages over trace THC limits (0.3% by dry weight) remain banned. Drinks containing up to 10 mg THC per serving are not currently legal.
Takeaway: Hemp beverage manufacturers and retailers should hold off on releasing products designed to comply with HB0267 language until (and unless) such a change is codified.
Wyoming’s ban is currently being tested in federal courts, and further litigation may eventually reach the Tenth Circuit or beyond. However, legal challenges have so far failed. Major federal reform (such as an updated Farm Bill or FDA guidance on intoxicating hemp) is also possible in late 2025, which could prompt new state-level legislative action.
In the meantime, Wyoming remains one of the strictest states in the US in terms of restricting intoxicating hemp products. Operators should expect continued enforcement and no safe harbor due to pending litigation.
Consumers in possession of banned products risk misdemeanor charges and fines. If you purchase hemp products online, be aware that shipment to a Wyoming address could result in seizure or prosecution.
With the Wyoming delta-8 law 2025 settled by court decision (for now), the risk for non-compliance remains extreme. Even a narrowly drawn beverage carveout is not yet in effect. Businesses must continually adapt, communicate with staff and customers, and prepare contingency plans for future rule changes.
Stay ahead of evolving cannabis regulations, licensing windows, and compliance requirements by visiting CannabisRegulations.ai—your resource for real-time legal updates and actionable compliance guidance for the hemp and cannabis sector.
