Uncertainty surrounds Wyoming’s ban on delta-8 — a marijuana-like substance also called “diet weed” — which Gov. Mark Gordon signed into law March 7.
Senate File 32 – Hemp-limitations on psychoactive substances aims to ban delta-8 and similar products in Wyoming, though its full effect is still unclear. Some speculate the law could even limit the availability of certain CBD products in Wyoming.
There was no fanfare around the signing, just a notation on the governor’s list of signed legislation. The law is expected to lead to closures and layoffs at the hemp, smoke and vape shops that sprung up across the state in recent years, though many lawmakers expressed hope that it would make Wyoming safer.
Headshop owners reached by WyoFile said they’re working with lawyers to decide what to do next, including filing potential lawsuits or determining whether the ban effective July 1 will close their shops.
The history
Congress legalized hemp via the 2018 Farm Bill, the language of which was copied in states around the country — including Wyoming. The law defined “legal hemp” as a cannabis plant or product with less than 0.3% delta-9 THC on a dry weight basis.
That left a loophole for similarly structured derivatives like delta-8 THC and delta-10 THC, which occur naturally in very small amounts but produce weaker marijuana-like effects — feeling high, relaxed, etc.
Since then, businesses around the country have been synthesizing these other forms of THC, concentrating them into an array of products ranging from gummies to smokeable flower.
But when several students in Cody went to the emergency room after taking what they said was delta-8, alarm bells began to ring for Wyoming lawmakers.
The product may be considered by some courts to be federally legal, but it is not federally regulated. The U.S. Food and Drug Administration warned that delta-8 and similar substances on store shelves could be created using harmful chemicals.
Most recently, a federally funded study found that in 2023, around 11% of U.S. 12th graders reported using delta-8. There were higher rates of students reporting use in the south, midwest and states that haven’t legalized “adult-use” marijuana or didn’t have delta-8 regulations, researchers found.
“Prioritizing surveillance, policy, and public health efforts addressing adolescent [delta-8] use may be warranted,” the authors concluded.
Meanwhile, the study found that around 30% of 12th graders reported using marijuana over the last year, though “[m]arijuana use did not differ by cannabis policies, aligning with some previous research.”
In Wyoming, no one under 18 is allowed into head shops, but there have been reports of 18-year-olds getting delta-8 and selling to high school friends.
“Prioritizing surveillance, policy, and public health efforts addressing adolescent [delta-8] use may be warranted.”
New study published in JAMA on adolescent delta-8, marijuana use
This new ban on all types of THC was something Sam Watt said previously would put his five Platte Hemp stores in Wyoming out of business while encouraging customers to buy from sketchy online retailers. (A federal judge in Arkansas said states can’t block the federally legal product from traveling through.)
Instead, Watt said he’d support a ban for those under 21 and would welcome regulations, including required third-party testing — a service his stores already use.
“We’re all about regulation,” he said.
Other users of delta-8 pleaded with lawmakers not to ban the substance because some use it while going through cancer treatment, dealing with PTSD or while facing chronic illnesses.
Still, Rep. Ember Oakley (R-Riverton) noted last month that there’s very little research into delta-8 and whether it’s a healthy treatment for the range of illnesses it’s being used to combat.
At the same time, there’s been more research into who may benefit from medical marijuana — like those with chronic illnesses and cancer pain — but there are many side effects scientists want to explore further.
Wyomingites said in a 2020 survey they overwhelmingly support access to medical marijuana, but it remains illegal in the state. That same survey found a majority of residents support legalization for adult recreational use.
What’s next
WyoFile will continue to report on the outcomes of SF 32 as the law goes into effect.
In the meantime, delta-8 and other forms of THC may become federally illegal via the latest Farm Bill. That legislation, which was supposed to be passed last year, has a new deadline of Sept. 30.
There’s been broad speculation that the federal legislation could close the loophole that allowed delta-8 to thrive around the country, but that language remains uncertain.
More proof of Wyoming governors not listening to the Wyoming people. Everyone in Wyoming wants legalized weed but they refuse despite the fact dispensaries could help support Wyoming economy and job market. Typical.
Legal Marijuana in states surrounding Wy. are reaping the rewards(tax) instead of prosecution which cost tax money.It’s 2024 not 1960s. The wrong thing is legal,put it up to the voters on the ballot.
The alcohol distributors are behind a lot of the lobbying for this around the country, wouldn’t be surprised if they have fingerprints on this as well. Republican politicians do love their booze mafia.
The law went into effect immediately minus the agricultural part of licensing and setting up a plan for compliance which must be done by July 1st. These companies are in jeopardy if they are still selling delta 8 or thca, thc or any thc products above the .3%
Delta 8 is very dangerous and causing irreversible psychosis in some people. Delta 8 is not the delta 8 from the plant, in fact the hemp plant produces very little delta 8. They are getting it mostly from china and they are using very harmful chemicals to make it. It all comes back to other synthetic drugs that were being made and the harmful effects they had as well like bath salts and synthetic marijuana. Your congress is not dumb and trying to protect people. Many states where marijuana is legal have banned delta 8. Pharmaceuticals have to go through a 5 year process and an expensive processes to bring a drug to market. People are trusting delta 8 because it was named after part of the plant not realizing it’s actually a chemical process for no other purpose then to get people high. There is the true hemp products out there that are legal, that doesn’t leave people high or hallucinating. The government is not trying to take that away, only the harmful things. The companies who have been selling these products have no idea how they are made. They are buying them 3rd party, and not making it themselves. They also know they have been skirting the law. I own Natural Wellness CBD in Cheyenne, Wyoming and we could have jumped on the bandwagon and made a lot of money, but refuse to sell anything we know will harm people. We actually manufacture our own products and know that delta 8 is no joke. We are only true to the medicinal side. These other companies maybe won’t make as much not getting people high, but could transform to the natural occurring cannabinoids and help people, if that is their true purpose.
Why are you wanting to terminate an industry people support with billions of dollars? Why not just regulate it?? I personally don’t understand why they didn’t learn from Prohibition that trying to outright ban a substance causes a Streisand Effect and makes people BUY MORE!!
And thousands of people get drunk on a nightly basis in Wyoming and they’re worried about fake weed. I wish I could understand where all the outrage is coming from in the state if it is over safety issues. Republicans- the party of more government.
The good ole’ Freedom Caucus, as long as the Freedom’s you want don’t disagree with their close-minded beliefs.
“…..though many lawmakers expressed hope that it would make Wyoming safer.”
Prohibition of alcohol was an absolute disaster and instead of learning any lessons, lawmakers banned naturally occurring plants. Lawmakers in America created the market for the absolute worse forms of drugs and are far more responsible for creating the current Meth and Fentanyl crisis than the Mexican Cartels.
The Wyoming Legislature is making its constituents less safe as well as wasting taxpayer dollars. Insanity.
I guess unless you have had someone with a condition, that you can clearly see the positive effects of THC use , your vision is skewed. I fully agree with the regulation of delta 8. However if Wyoming government would legalize marijuana @ least for medical purposes, and ban the harmful chemically treated Delta 8, Ember Oakley talks about side effects, and there not being enough scientific studies, the side effects Can’t be any worse than some of the FDA approved medications. I feel that instead of shot gunning the issue, the proper legislation would give relief to those who depend on the THC for health purposes. I feel the legislation will cause the people who depend on these products to order on line and receive unregulated chemically treated product.
Or you know maybe the government could stay out of private individuals lives and let them make their own choices on what they do and do not put in their body? What proof do you have that Delta 8 is harmful?
These politicians have got to be some of the dumbest people I’ve ever interacted with; letting them make decisions for the adult populous is absurd.
I do agree that they need to pass legal marijuana, and this wouldn’t be an issue. However, why make the distinction of for “health purposes.” Again, let adults choose what they want to expose their bodies to. Cannabis should be legal; it’s a much safer alternative to booze and prescription meds.
The thing that’s harmful about Delta-8 isn’t Delta-8 itself… it’s the stuff they use to process Delta-8 and what manufacturers cut the oil with. We had to deal with EVALI due to manufacturers cutting Delta-8 with vitamin E acetate back in the late 2010s (remember that?). There is also the fact that most Delta-8 we buy isn’t exactly extracted from hemp itself… while it appears in trace amounts, most Delta-8 you get has been turned into Delta-8 from CBD in a lab. That’s where more people take issue.
Telling you as a personal user of delta-8/THCa, I can tell you the side effects are a lot more manageable compared to the pharmaceuticals I’ve used in the past. Migraine medications don’t work on me anymore, and my migraines turn into seizures if left alone. I also have sensory processing difficulties that feed the migraine to seizure loop. What is a slightly stuffy nose that clears up after a minute compared to sitting on the porcelain throne all day with the runs? It also doesn’t help that most pills/ food exacerbate IBS. I don’t know if you have ever had to get up and run to the restroom after eating because what hit your stomach was heavy and painful, but I wouldn’t wish those couple hours of pain on anyone. Combine that with autism and the anxiety that can turn to aggression out of a misunderstanding and pressure, which is something they usually put you on SSRIs for (those didn’t work either… I’d either have the littlest thing send me into a rage that resulted in self-harm, or again, sat on the throne in the restroom… my gut heath is delicate, I guess). I also used to have nothing but nightmares when I sleep, 6x a night. Now I only have nightmares 2x a night… and that’s typically because the weeds effect of not allowing you to reach REM as often has worn off.
I’d take slight dizziness that I recover from in a minute, the stuffy nose, and the possibility of a headache when I consume over going back on pills and being unpleasant to be around. That said, I do have to choose my strains wisely… certain terpene profiles cause a “mild anaphylaxis” (tightening of the throat), and some strains get me so wired I become jittery and anxious. For this reason I’m REALLY picky about what Sativas and Hybrids I opt to use. And just because it has Indica on the package doesn’t mean it’s guaranteed to glue you to the couch. Some Indicas provide just enough relaxation to alleviate pain while leaving you functional… I save the stuff that “couchlocks” for right before I’m about to go to bed… because when it hits, I’m already tucked in.
Ignorant, clueless, blind to the truth. All this whining about losing revenue from minerals we could turn that all the way around with taxes from Marijuana sales. I grew up ranching on some of the biggest in the state, I joined the army before I even graduated high-school. I had my first tax paying job when I was 8yrs old & I can show proof. I’m a good person who would help anybody & im also a proponent of Marijuana. I have been I paralyzed since 2002. I get horrible debilitating muscle spasms that I’m sure will one day kill me from autonomic dysreflexia. The only thing that will touch these spasms is marijuana. I take 12 different pills a day for spasms to the point I can’t be prescribed anymore. All of them do not help much. You folks were lied to your whole life about this stuff & are too damn stubborn to seek the truth out. Your ignorance & fear is hurting wyoming more than any amount of marijuana could. Schools & other infrastructure could be improved by a great degree with tax income from legalization. Crime would even go down some. Do I even need to mention the alcohol problems in our state. Much, much worse than THC!
Very well said,I’m surviving cancer which Marijuana helps so many. Let the people decide on the ballot. Taxes would help the schools,if you can keep the politicians grubby hands clear of it. Man made booze,GOD made Marijuana who can you TRUST?
This is due to the fact the war on pot,and pot like substances, are one of this states few sources of income. The boom and bust of oil being one of the main reasons, others of course, make it perfectly clear those in charge are of the school” thats not how my daddy did it” that has on room in today’s reasoning of actual logic and fact. Oh and they would no longer get that sweet kickback money. It is time to put the geezzers to pasture, and put those who actually hear and listen to the people in power. This” do as I say” power mentality has got to stop.
This bill accomplishes nothing but putting legal businesses out of business and employees on the street. People can still get “weed light” online or in back alleys, making it definitely unsafe. It appears our legislators don’t know what they are talking about, they need education. $Millions of tax dollars gone. Legalize it, regulate it and keep it from children. We can do it for alcohol and cigarettes, why not marijuana? Is there major corporate interference behind doors? It sure looks that way. Big corporate money always wins over small businesses these days. Are our legislators working for us or them then vote appropriately.
I love Wyoming legislators that pride themselves on individual liberties further injecting their socially conservative ideas into our lives. There’s no proof that these kids in Cody actually ingesting a synthetic cannabinoid; additionally, this should be a parenting issue, not a Government issue. The people of Wyoming have overwhelmingly supported the use of natural remedies (i.e. cannabis and synthetic THC).
One argument that was presented was that legislators don’t “want to become Colorado.” What an asinine argument to make 1) we will never become Colorado for a myriad of reasons 2) these products have been in Wyoming for 5+ years, and I doubt anyone has noticed any changes.
The Legislature didn’t do any kind of economic analysis on this bill even though it will likely shutter many legit, tax-paying businesses and put many people out of work. Additionally, these substances are safe, effective alternatives to prescription drugs, and opioids. Instead our garbage, near-sighted politicians would rather us be tied at the hip to big-pharma and exposed to extremely addictive prescription drugs.
Just another feather in Wyoming’s Government’s hat that they should be ashamed of!
And it’s funny you say big pharma….it really shows you know nothing. All the medical dispensaries are run by what 2 or 3 MAIN companies. It’s already turned into big pharma. Just pass it so we can all grow at home….like I said. No one does research anymore….and yes they say thc-p is 100x stronger than THC so… seriously you guys no nothing in these comments.
Really? Big pharma runs the small Wyoming shops that sell synthetic cannabinoids? Who knows nothing; maybe you need to read more thoroughly? If you’re talking medical marijuana, then yeah, I agree; but not these small shops. Pharma is trying to shut them down and lobbying at state-level governments to restrict them and keep profits flowing to them.
I’m not sure what you’re talking about with thc-p?
THCP is just a red herring in their point. Safe to ignore. But I agree with you… Big Pharma is trying to achieve a monopoly on cannabis.
THCa, THCP, and THCJD are a killer combination. All pain halts when I use this mixture, but it’s so potent I have to use it wisely.