Is Delta-9 Legal in Wyoming?
May 22, 2026
Is delta-9 legal in Wyoming? Hemp-derived delta-9 only if under 0.3% total THC by weight; marijuana-derived illegal. SF 32 total-THC rule applies.
Is delta-9 legal in Wyoming? Hemp-derived delta-9 only if under 0.3% total THC by weight; marijuana-derived illegal. SF 32 total-THC rule applies.
Last reviewed: May 22, 2026
Restricted. Wyoming treats delta-9 THC differently depending on source and total-THC concentration. Hemp-derived delta-9 in finished products is only lawful if the finished product passes a total-THC test at or below 0.3 percent on a dry weight basis, under W.S. 11-51-101 as amended by 2024 SF 32 (effective July 1, 2024). Marijuana-derived delta-9 is a controlled substance under W.S. 35-7-1031. The 10th Circuit Court of Appeals upheld the Wyoming statute in Green Room v. Wyoming on October 27, 2025.
Wyoming has no adult-use cannabis program and no comprehensive medical cannabis program. The Wyoming Hemp Extract Act (W.S. 35-7-1901 et seq., 2015 HB 32) created a narrow medical pathway for low-THC hemp extract (under 0.3 percent THC, at least 5 percent CBD) for patients with intractable epilepsy who have a neurologist's written certification. There is no dispensary network and no patient registry; physicians may certify and pharmacies may dispense the extract.
Marijuana possession remains a criminal offense under W.S. 35-7-1031(c). Possession of three ounces or less is a misdemeanor with up to 12 months in jail and a $1,000 fine; possession of more than three ounces is a felony with up to five years and a $10,000 fine. Sale and delivery are felonies regardless of weight. The Wyoming Department of Agriculture (WDA) administers hemp cultivation under a USDA-approved State Hemp Production Plan.
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. Wyoming uses a total-THC standard. A hemp-derived delta-9 product is lawful only if the finished product passes the total-THC ceiling using post-decarboxylation testing, not the federal delta-9-only test.
The math matters. A large hemp delta-9 gummy can carry several milligrams of delta-9 and still appear to pass the 0.3 percent threshold if measured against the total product weight. Wyoming enforcement has taken the position that the total-THC concentration must be computed on the cannabis extract or oil basis, not diluted product weight, which excludes most commercial hemp delta-9 gummies and beverages from the Wyoming hemp definition.
W.S. 35-7-1031 places tetrahydrocannabinols on Schedule I. Marijuana-derived delta-9 falls inside the prohibition. Products that fail the Wyoming hemp definition are treated as marijuana 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 rules.
Wyoming Highway Patrol and county sheriffs have conducted compliance inspections of hemp retailers since SF 32 took effect on July 1, 2024. Marijuana enforcement remains active; Wyoming continues to charge possession cases at the misdemeanor and felony levels under W.S. 35-7-1031. The narrow Hemp Extract Act pathway has remained available but has not been expanded into a marijuana program despite multiple legislative attempts.
You cannot lawfully buy marijuana-derived delta-9 products in Wyoming. Hemp-derived delta-9 products that meet Wyoming's total-THC test on a cannabis-extract basis remain technically lawful, but most commercial hemp delta-9 gummies and beverages on the national market do not pass that test. Possession of non-compliant product triggers W.S. 35-7-1031 marijuana penalties. Delta-9 is the standard target of conventional drug tests.
2025 HB 267 proposed a 10 mg per container hemp-derived beverage carveout; it did not pass. The 2026 budget session did not amend the SF 32 framework. Industry coalitions have signaled they will push another beverage-only carveout in the 2027 general session. There is no active bill to legalize adult-use or comprehensive medical cannabis. Public support polling has not produced a successful initiative or referendum given Wyoming's high signature thresholds.
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 for ingestion, inhalation, or topical use. Almost every commercial hemp delta-9 beverage and edible on the national market is above 0.4 mg. After November 12, 2026 those products will lose federal hemp status nationwide, which brings federal law into line with what Wyoming has already enforced under SF 32.
Is hemp-derived delta-9 legal in Wyoming in 2026? Only if the finished product passes Wyoming's total-THC test at or below 0.3 percent on a dry weight basis under W.S. 11-51-101. Most commercial hemp delta-9 gummies and beverages do not pass.
Is marijuana-derived delta-9 legal in Wyoming? No. It is a controlled substance under W.S. 35-7-1031. Possession penalties scale from a misdemeanor at three ounces or less to a felony for larger amounts.
Does Wyoming have a medical marijuana program? No comprehensive program. The 2015 Hemp Extract Act allows low-THC, high-CBD extract under neurologist certification for intractable epilepsy only.
Will Wyoming legalize recreational marijuana? Not in 2026 or 2027. The Legislature has not advanced an adult-use bill. Wyoming initiative thresholds are among the most restrictive in the country.
Can I order hemp delta-9 gummies to a Wyoming address? Only if the product passes Wyoming's total-THC test on a cannabis-extract basis, which excludes most commercial gummies. Many retailers block Wyoming after Green Room.
Does delta-9 show up on a drug test? Yes. Delta-9 is the standard target of urine, saliva, and hair THC tests.
How will federal H.R. 5371 §781 affect Wyoming delta-9 hemp products? Effective November 12, 2026 federal hemp will use a total-THC test and a 0.4 mg total-THC per container cap. Almost all commercial hemp delta-9 SKUs will lose federal hemp status nationwide.
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.
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W.S. 11-51-101 (Hemp, as amended by 2024 SF 32); W.S. 35-7-1031 (Controlled Substances Act); W.S. 35-7-1901 et seq. (Hemp Extract Act); Green Room v. Wyoming, 10th Cir. Oct. 27, 2025.
Hemp-derived delta-9 only lawful if finished product passes a total-THC test at or below 0.3% by weight. Marijuana-derived delta-9 illegal under W.S. 35-7-1031. Narrow Hemp Extract Act medical pathway requires neurologist certification.
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