April 16, 2026
Last Updated: August 2026
Updated August 6, 2026: This guide has been substantially corrected. Wyoming's intoxicating-hemp ban is SF0032 (2024, Senate Enrolled Act 24), effective July 1, 2024 — not a 2025 "HB 198" — and it contains no beverage exception (the proposed HB0267 10 mg beverage carve-out stalled and never became law). The Tenth Circuit upheld the ban in Green Room v. Wyoming (Oct. 27, 2025), and high-THCA flower should be treated as high-risk, not clearly legal.
Wyoming is now one of the strictest hemp states in the country. A 2024 law swept delta 8 and other psychoactive hemp derivatives into the state's controlled-substances framework, a federal appeals court upheld that ban in late 2025, and a proposed hemp-beverage carve-out failed to become law. Here is what that means for THCA, delta 8, and delta 9 in Wyoming in 2026.
Not reliably — treat it as high-risk to prohibited. No Wyoming statute names THCA specifically, but SF0032 (2024) prohibits the sale of hemp containing more than 0.3% of all THC isomers and psychoactive substances or analogs, and Wyoming enforcement treats high-THCA "hemp" flower as marijuana in practice. Separately, effective November 12, 2026, the federal hemp redefinition in P.L. 119-37 applies a post-decarboxylation total-THC test that makes high-THCA products unlawful as a matter of federal law as well.
Wyoming's Senate File 32 (2024, enacted as Senate Enrolled Act 24; signed March 7, 2024; effective July 1, 2024) redefined hemp to exclude any synthetic substance, expanded the state definition of THC to capture psychoactive isomers and analogs such as delta 8 and delta 10, added delta-8 THC to Schedule I of Wyoming's Controlled Substances Act, and prohibits the sale of hemp products containing more than 0.3% of these THCs in total. It applies to all product formats — flower, gummies, vapes, tinctures, and beverages alike.
Earlier versions of this guide described a beverage carve-out as if it were law. It is not. HB0267 (2025) would have allowed hemp-derived THC beverages capped at roughly 10 mg THC per serving, echoing alcohol-style regulation, but the bill stalled in committee and never passed. As of August 2026 there is no beverage exception in Wyoming: delta 8 seltzers and tonics are banned on the same terms as gummies and vapes.
SF0032's sweep of "THC isomers and psychoactive substances," combined with its total 0.3% cap, leaves no dependable safe harbor for high-THCA flower, even though THCA itself is non-psychoactive until heated. And from November 12, 2026, the federal post-decarboxylation total-THC definition independently closes the THCA loophole nationwide. Wyoming retailers should not rely on a delta-9-only, pre-decarboxylation reading of the law.
No.
Hemp businesses challenged the ban in federal court, but in Green Room LLC v. Wyoming the Tenth Circuit upheld SF0032 on October 27, 2025, rejecting Farm Bill preemption, dormant Commerce Clause, takings, and vagueness arguments. Retailers in Wyoming who sell delta 8 products in any format are operating in violation of state law.
Only genuinely non-intoxicating hemp is on safe ground: products at or under 0.3% total THC (counting isomers and psychoactive analogs) with no synthetic substances added. Wyoming has no statutory framework authorizing intoxicating hemp beverages — that is exactly what the failed HB0267 would have created — so retailers should not assume hemp-derived delta 9 seltzers are safe to sell in Wyoming the way they are in some neighboring states.
Retailers operating in Wyoming should ensure: all delta 8 products — including beverages — are removed from shelves (SF0032 compliance), high-THCA flower is treated as prohibited-risk inventory, remaining hemp products carry current batch COAs showing total THC (all isomers) at or below 0.3% with no synthetic cannabinoids, and age verification systems are in place for any product with detectable THC.
Treat it as high-risk to prohibited. SF0032's 0.3% cap on all THC isomers and psychoactive substances leaves no dependable safe harbor for high-THCA flower, and the federal total-THC redefinition takes effect November 12, 2026.
Yes. SF0032 (2024), effective July 1, 2024, banned delta 8 in all product formats and added it to Wyoming's Schedule I. The Tenth Circuit upheld the ban in October 2025.
No. The much-discussed beverage carve-out (HB0267, 2025) was only a proposal and never became law. Delta 8 beverages are banned like every other delta 8 format.
CBD hemp flower from compliant plants (≤0.3% total THC, no synthetic substances) is legal. Delta 8 flower and high-THCA flower are restricted under SF0032.
Wyoming does not set specific possession limits for compliant hemp products. Possession of marijuana — and of hemp products exceeding the 0.3% total-THC-isomer cap — remains illegal under Wyoming law.
Last Updated: August 2026
Updated August 6, 2026: This guide has been substantially corrected. Wyoming's intoxicating-hemp ban is SF0032 (2024, Senate Enrolled Act 24), effective July 1, 2024 — not a 2025 "HB 198" — and it contains no beverage exception (the proposed HB0267 10 mg beverage carve-out stalled and never became law). The Tenth Circuit upheld the ban in Green Room v. Wyoming (Oct. 27, 2025), and high-THCA flower should be treated as high-risk, not clearly legal.
Wyoming is now one of the strictest hemp states in the country. A 2024 law swept delta 8 and other psychoactive hemp derivatives into the state's controlled-substances framework, a federal appeals court upheld that ban in late 2025, and a proposed hemp-beverage carve-out failed to become law. Here is what that means for THCA, delta 8, and delta 9 in Wyoming in 2026.
Not reliably — treat it as high-risk to prohibited. No Wyoming statute names THCA specifically, but SF0032 (2024) prohibits the sale of hemp containing more than 0.3% of all THC isomers and psychoactive substances or analogs, and Wyoming enforcement treats high-THCA "hemp" flower as marijuana in practice. Separately, effective November 12, 2026, the federal hemp redefinition in P.L. 119-37 applies a post-decarboxylation total-THC test that makes high-THCA products unlawful as a matter of federal law as well.
Wyoming's Senate File 32 (2024, enacted as Senate Enrolled Act 24; signed March 7, 2024; effective July 1, 2024) redefined hemp to exclude any synthetic substance, expanded the state definition of THC to capture psychoactive isomers and analogs such as delta 8 and delta 10, added delta-8 THC to Schedule I of Wyoming's Controlled Substances Act, and prohibits the sale of hemp products containing more than 0.3% of these THCs in total. It applies to all product formats — flower, gummies, vapes, tinctures, and beverages alike.
Earlier versions of this guide described a beverage carve-out as if it were law. It is not. HB0267 (2025) would have allowed hemp-derived THC beverages capped at roughly 10 mg THC per serving, echoing alcohol-style regulation, but the bill stalled in committee and never passed. As of August 2026 there is no beverage exception in Wyoming: delta 8 seltzers and tonics are banned on the same terms as gummies and vapes.
SF0032's sweep of "THC isomers and psychoactive substances," combined with its total 0.3% cap, leaves no dependable safe harbor for high-THCA flower, even though THCA itself is non-psychoactive until heated. And from November 12, 2026, the federal post-decarboxylation total-THC definition independently closes the THCA loophole nationwide. Wyoming retailers should not rely on a delta-9-only, pre-decarboxylation reading of the law.
No.
Hemp businesses challenged the ban in federal court, but in Green Room LLC v. Wyoming the Tenth Circuit upheld SF0032 on October 27, 2025, rejecting Farm Bill preemption, dormant Commerce Clause, takings, and vagueness arguments. Retailers in Wyoming who sell delta 8 products in any format are operating in violation of state law.
Only genuinely non-intoxicating hemp is on safe ground: products at or under 0.3% total THC (counting isomers and psychoactive analogs) with no synthetic substances added. Wyoming has no statutory framework authorizing intoxicating hemp beverages — that is exactly what the failed HB0267 would have created — so retailers should not assume hemp-derived delta 9 seltzers are safe to sell in Wyoming the way they are in some neighboring states.
Retailers operating in Wyoming should ensure: all delta 8 products — including beverages — are removed from shelves (SF0032 compliance), high-THCA flower is treated as prohibited-risk inventory, remaining hemp products carry current batch COAs showing total THC (all isomers) at or below 0.3% with no synthetic cannabinoids, and age verification systems are in place for any product with detectable THC.
Treat it as high-risk to prohibited. SF0032's 0.3% cap on all THC isomers and psychoactive substances leaves no dependable safe harbor for high-THCA flower, and the federal total-THC redefinition takes effect November 12, 2026.
Yes. SF0032 (2024), effective July 1, 2024, banned delta 8 in all product formats and added it to Wyoming's Schedule I. The Tenth Circuit upheld the ban in October 2025.
No. The much-discussed beverage carve-out (HB0267, 2025) was only a proposal and never became law. Delta 8 beverages are banned like every other delta 8 format.
CBD hemp flower from compliant plants (≤0.3% total THC, no synthetic substances) is legal. Delta 8 flower and high-THCA flower are restricted under SF0032.
Wyoming does not set specific possession limits for compliant hemp products. Possession of marijuana — and of hemp products exceeding the 0.3% total-THC-isomer cap — remains illegal under Wyoming law.
