Is Delta-10 Legal in Wyoming?

Last reviewed: May 22, 2026

No. Wyoming banned delta-10 THC alongside other psychoactive hemp isomers when Governor Mark Gordon signed Senate File 32 on March 7, 2024 (Senate Enrolled Act 24, effective July 1, 2024). The bill rewrote the hemp definition in W.S. 11-51-101 to exclude any "synthetic substance" and expanded "THC" to include delta-8, delta-10, HHC, THC-O, THCP, and other psychoactive isomers and analogs. The 10th Circuit Court of Appeals upheld the statute in Green Room v. Wyoming, No. 24-8053, on October 27, 2025.

Wyoming Cannabis & Hemp Overview

Wyoming has no adult-use cannabis program and no comprehensive medical cannabis program. The narrow Wyoming Hemp Extract Act (W.S. 35-7-1901 et seq., 2015 HB 32) allows low-THC, high-CBD extract under neurologist certification for intractable epilepsy. There is no dispensary network. Marijuana possession of three ounces or less is a misdemeanor under W.S. 35-7-1031(c) with up to 12 months in jail and a $1,000 fine.

Delta-10 is produced commercially from hemp-derived CBD or delta-9 by chemical conversion. Before SF 32, Wyoming hemp retailers stocked delta-10 vape carts, gummies, and blend products under the 2018 federal Farm Bill framework. The 2024 statute closed that channel.

What Wyoming Law Actually Says

W.S. 11-51-101(a), as amended by 2024 SF 32, defines "hemp" as Cannabis sativa L. and parts of the plant with no synthetic substances and a THC concentration not exceeding 0.3 percent on a dry weight basis. The amended definition of "THC" expressly names delta-10 alongside delta-9, delta-8, HHC, THC-O, and THCP, and captures "any other tetrahydrocannabinol isomer or analog with substantially similar chemical structure or pharmacological effect."

Delta-10 produced by chemical conversion from hemp-derived CBD is both a covered "THC" and a "synthetic substance" within W.S. 11-51-101. Either path disqualifies delta-10 products from the Wyoming hemp definition. Products that fail the Wyoming hemp definition are treated as marijuana under W.S. 35-7-1031 for enforcement purposes.

The 10th Circuit's October 27, 2025 ruling in Green Room v. Wyoming, No. 24-8053, confirmed that the 2018 federal Farm Bill does not preempt Wyoming's stricter hemp rules. The court rejected federal preemption, dormant Commerce Clause, and vagueness challenges to the statute.

How Enforcement Has Played Out

Wyoming retailers were given notice of the SF 32 effective date and most pulled delta-10 inventory before July 1, 2024. Compliance sweeps in 2024 and 2025 led to product seizures at hemp retailers that continued to sell delta-10 and other excluded isomers. The 10th Circuit ruling in October 2025 closed the federal-preemption defense that retailers had been raising.

What This Means for Retailers Selling Delta-10 in Wyoming

• Do not sell delta-10 vape carts, gummies, tinctures, flower, or blend products in Wyoming. The SF 32 prohibition applies to all product formats.
• Document destruction of any pre-ban inventory. Wyoming has enforced after the July 1, 2024 effective date.
• Block Wyoming ZIP codes for online sales of delta-10 products. Federal Farm Bill compliance is not a defense in Wyoming after Green Room.
• Watch the 2027 general session. A targeted beverage carveout has been floated in prior sessions but has not passed.
• Plan compliance burndown for the federal H.R. 5371 §781 effective date of November 12, 2026, which adopts the same synthetic exclusion and a 0.4 mg total-THC per container cap nationwide.

What This Means for Consumers Buying Delta-10 in Wyoming

You cannot legally buy delta-10 products in Wyoming. Most compliant out-of-state online retailers block Wyoming addresses after Green Room. Possession of delta-10 product exposes you to W.S. 35-7-1031 marijuana penalties. Delta-10 metabolites overlap enough with delta-9 metabolites to trigger positive results on standard urine, saliva, and hair drug tests.

Pending Legislation to Watch

2025 HB 267 proposed a 10 mg per container hemp-derived beverage carveout that would have allowed some beverage products including delta-10; it did not pass. 2025 HB 198 also did not advance. The 2026 budget session did not amend the SF 32 framework. Wyoming hemp retailers and farm coalitions have signaled they will push a beverage-only carveout in the 2027 general session.

Federal H.R. 5371 §781, signed November 12, 2025 and effective November 12, 2026, redefines hemp using a total-THC test and caps finished products at 0.4 mg total-THC per container, and explicitly excludes synthetic and chemically converted cannabinoids. Delta-10 produced from CBD or delta-9 by chemical conversion is the canonical product targeted by the federal exclusion. Wyoming is already stricter than the incoming federal law.

Frequently Asked Questions

Is delta-10 THC legal in Wyoming in 2026? No. Wyoming SF 32 (Senate Enrolled Act 24, effective July 1, 2024) added delta-10 to the W.S. 11-51-101 THC definition and excluded synthetic substances from hemp.

Did the 10th Circuit uphold the Wyoming delta-10 ban? Yes. Green Room v. Wyoming, No. 24-8053 (10th Cir. Oct. 27, 2025) held that the 2018 federal Farm Bill does not preempt Wyoming's stricter hemp definition.

Can I order delta-10 online to a Wyoming address? Most compliant retailers block Wyoming after Green Room. Possession of delta-10 product triggers W.S. 35-7-1031 marijuana penalties.

Does delta-10 show up on a drug test? Yes. Delta-10 metabolites overlap with delta-9 metabolites on standard urine, saliva, and hair tests.

Is delta-10 part of any Wyoming medical program? No. The Wyoming Hemp Extract Act covers low-THC, high-CBD extract for intractable epilepsy only. It does not authorize delta-10 products.

How will federal H.R. 5371 §781 affect Wyoming delta-10? Effective November 12, 2026 federal hemp will exclude chemically converted cannabinoids and cap total-THC at 0.4 mg per container. Wyoming is already stricter.

This page is provided for informational purposes by ComplyAssistAI LLC and is not legal advice. Hemp and cannabis law in Wyoming changes frequently. For business compliance questions, consult a Wyoming-licensed cannabis attorney. Find one in our Cannabis Lawyer Directory.