Is Delta-8 Legal in Wyoming?

Last reviewed: May 22, 2026

No. Wyoming banned delta-8 THC and 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 redefined "hemp" 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, ruling that the 2018 federal Farm Bill does not preempt Wyoming's stricter rules.

Wyoming Cannabis & Hemp Overview

Wyoming has no adult-use cannabis program and no comprehensive medical cannabis program. The 2015 Hemp Extract Act (W.S. 35-7-1901 et seq.) created a narrow neurologist-certification pathway for low-THC, high-CBD extract 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) carrying up to 12 months in jail and a $1,000 fine.

Before SF 32, Wyoming hemp retailers sold delta-8 gummies, vape carts, and flower under the 2018 federal Farm Bill framework. In 2024, after reports from Cody of several students sickened by delta-8 products, the Wyoming Legislature moved quickly to close the hemp loophole for psychoactive isomers. The bill passed both chambers and the governor signed it on March 7, 2024.

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 same provision defines "synthetic substance" to include any synthetic THC, synthetic cannabinoid, or other psychoactive substance, and defines "THC" to include delta-9, delta-8, delta-10, HHC, THC-O, THCP, and "any other tetrahydrocannabinol isomer or analog with substantially similar chemical structure or pharmacological effect."

Delta-8 produced commercially from hemp-derived CBD by acid-catalyzed isomerization is the canonical "synthetic substance" excluded from the Wyoming hemp definition. Even putting the synthetic exclusion aside, delta-8 is counted in the total-THC math, so a delta-8 product at any commercial potency exceeds the 0.3 percent ceiling.

Hemp products that fail the Wyoming hemp definition are not "hemp" and are treated as marijuana under W.S. 35-7-1031. The 10th Circuit's October 27, 2025 decision in Green Room v. Wyoming rejected the federal preemption argument and confirmed that the 2018 Farm Bill expressly allows states to adopt more stringent rules.

How Enforcement Has Played Out

Wyoming retailers received notice of the SF 32 effective date and most pulled delta-8 inventory before July 1, 2024. Several Wyoming hemp shops continued selling and faced sheriff and Highway Patrol seizures in 2024 and 2025. Industry estimates submitted to the 10th Circuit indicated that roughly 70 percent of pre-ban sales at some Wyoming hemp retailers came from delta-8 and related cannabinoids. Plaintiffs in Green Room v. Wyoming sought to enjoin enforcement; the district court ruled for the state and the 10th Circuit affirmed.

What This Means for Retailers Selling Delta-8 in Wyoming

• Do not sell delta-8 products in any Wyoming retail location. Vapes, gummies, tinctures, flower, beverages, and concentrates all fall inside the SF 32 prohibition.
• Pull and document destruction of pre-ban inventory. Wyoming has enforced after the July 1, 2024 effective date.
• Block Wyoming ZIP codes if you ship hemp products from outside the state. Federal Farm Bill compliance does not protect against Wyoming enforcement after Green Room.
• Watch the 2027 general session. A targeted beverage carveout has been floated in prior sessions (2025 HB 267 proposed 10 mg per container) but has not passed.
• Plan compliance burndown for the federal H.R. 5371 §781 effective date of November 12, 2026, which will bring federal law closer to Wyoming's framework nationwide.

What This Means for Consumers Buying Delta-8 in Wyoming

You cannot legally buy delta-8 products in Wyoming. Most compliant out-of-state online retailers now block Wyoming addresses after the 10th Circuit ruling. Possession of delta-8 product exposes you to W.S. 35-7-1031 marijuana penalties. Standard urine, saliva, and hair drug tests cannot distinguish delta-8 from delta-9 metabolites, so any use produces positive results on conventional THC panels.

Pending Legislation to Watch

2025 HB 267 proposed a narrow beverage carveout allowing hemp-derived intoxicating cannabinoids (including delta-8) up to 10 mg per container in beverage format. It did not pass. 2025 HB 198 (referenced in some industry summaries) similarly did not advance. The 2026 budget session did not amend the SF 32 framework. Wyoming hemp retailers and a coalition of farm groups have indicated 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 total-THC and a 0.4 mg total-THC per container cap, and excludes synthetic and chemically converted cannabinoids. Delta-8 produced by CBD isomerization is the canonical chemically converted cannabinoid targeted by the federal exclusion. Wyoming is already stricter than the incoming federal law in most categories.

Frequently Asked Questions

Is delta-8 THC legal in Wyoming in 2026? No. Wyoming SF 32 (Senate Enrolled Act 24, effective July 1, 2024) added delta-8 to the W.S. 11-51-101 THC definition and excluded synthetic substances from hemp.

Did the 10th Circuit uphold the Wyoming delta-8 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.

What about a delta-8 beverage carveout? 2025 HB 267 proposed a 10 mg per container beverage carveout but did not pass. As of May 2026 there is no delta-8 beverage exception in Wyoming law.

Can I order delta-8 online to a Wyoming address? Most compliant retailers block Wyoming after Green Room. Possession of delta-8 product triggers W.S. 35-7-1031 marijuana penalties.

Does delta-8 show up on a drug test? Yes. Standard urine, saliva, and hair tests cannot distinguish delta-8 from delta-9 metabolites.

How will federal H.R. 5371 §781 affect Wyoming delta-8? 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; the federal change closes the interstate supply gap.

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.