Is Delta 8 Legal in Wyoming?

by Kat Austin February 22, 2021 7 min read

Is Delta 8 Legal in Wyoming? - VO Inc

The 2018 Farm Bill made hemp and hemp derivatives legal on a federal level. Thanks to these updates, Delta-8-THC’s popularity is growing across the country. Is Delta-8-THC legal in Wyoming? And if so, where can you buy it?

The answer is yes, Delta-8 is legal in Wyoming and it may be accessible both in stores and online. Although Wyoming still holds some of the strictest cannabis laws in the nation, the state has updated its laws to match federal hemp laws.

Here's what you need to know about Wyoming’s Delta-8-THC laws before you buy:

Looking for legal Delta-8-THC you can buy in Wyoming? Check out our Elev8 Collection.

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Delta 8 THC Wyoming Laws

Wyoming Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Wyoming?
Delta-8-THC Possession Limits in Wyoming
Is Delta-9-THC Legal in Wyoming?
Where to Buy Delta-8 in Wyoming
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 derived from hemp is fully legal in Wyoming, though regulations on manufacturing and sales may be limited.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp both in stores and online. 

Delta 8 THC Wyoming Laws

After the 2018 Farm Bill became law, Wyoming quickly updated laws to legalize hemp products, including cannabinoid products like CBD. The state’s new hemp laws define hemp as any part of the plant Cannabis Sativa, including cannabinoids, isomers, salts of isomers, and all other derivatives, so long as the material contains less than 0.3% Delta-9-THC by dry weight.

The new legislation also includes additions to the Controlled Substances Act in the state. The text has been updated to show that hemp and possession of hemp products are excluded from scheduling. Therefore, Delta-8-THC derived from legal hemp is legal to sell and possess in the state.

This is great news considering nearly every other state in the area (like IdahoMontanaColorado, and Utah) maintains a Delta-8 prohibition.

Wyoming Delta 8 Legal Texts

BILL NO. HB0171. CHAPTER 51 - HEMP PRODUCTION

11‑51‑101. Definitions.

(iii) “Hemp” or “hemp product” means all parts, seeds and varieties of the plant cannabis sativa l., whether growing or not, or a product, derivative, extract, cannabinoid, isomer, acid, salt or salt of isomer made from that plant with a THC concentration of not more than three‑tenths of one percent (0.3%) on a dry weight basis when using post‑decarboxylation or another similarly reliable testing method;

(vii) “THC” means tetrahydrocannabinol, the psychoactive component of the cannabis plant, with the scientific name trans‑delta 9‑tetrahydrocannabinol.

35‑7‑1011. Control of substances.

(d) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law the commissioner shall control the substance under this act in the same manner as federal law within thirty (30) days after receiving notice of the change but not later than thirty (30) days after the first publication of the change in the Federal Register. Under this subsection, the commissioner shall control the substance in the same manner as federal law through the promulgation of an emergency rule, followed by promulgation of a permanent rule under the Wyoming Administrative Procedure Act. If the commissioner objects to the designation, rescheduling or deletion of a substance, the commissioner shall within the same period required to control the substance publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the commissioner shall publish his decision which shall be final unless altered by statute. Upon publication of an objection to designation, rescheduling or deletion under this act by the commissioner, control under this act is stayed until the commissioner publishes his final decision. Any final decision that ultimately controls the substance under this act in the same manner as federal law shall be finalized through the promulgation of an emergency rule, followed by the promulgation of a permanent rule under the Wyoming Administrative Procedure Act.

35‑7‑1063. Exceptions to provisions.

(a) The provisions and penalties of this chapter shall not apply to:

(i) The possession or use of hemp or hemp products for any purpose or application;

(iii) Hemp production, processing or testing in accordance with the provisions of W.S. 11‑51‑101 through 11‑51‑107.

(b) As used in this section “hemp” or “hemp product” means all parts, seeds and varieties of the plant cannabis sativa l. or a product made from that plant with a trans‑delta 9‑tetrahydrocannabinol (THC) concentration of not more than three‑tenths of one percent (0.3%) on a dry weight basis.

Two flowering hemp plants, the raw plant material used to make legal Delta-8-THC products.

Is Delta-8 a Controlled Substance in Wyoming?

When Wyoming updated hemp legislation, they also included the following phrasing in the Controlled Substances Act:

“The provisions and penalties of this chapter shall not apply to:

(i) The possession or use of hemp or hemp products for any purpose or application”

Thanks to these updates, D8 that is derived from legal hemp material is not a Controlled Substance in Wyoming.

Delta 8 THC Possession Limits in Wyoming

Wyoming does not specify any possession limits for legal hemp products in the state. Therefore there are no possession limits that apply to Delta-8-THC.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in Wyoming?

No, Wyoming has yet to legalize cannabis for either recreational or medicinal use. In Wyoming, possession of up to 3 ounces of cannabis is a misdemeanor, which is punishable by up to one year in prison and fines of up to $1,000.

Where to Buy Delta 8 THC in Wyoming?

Wyoming allows hemp products to be marketed and sold in the state under very little regulation. That means that you can find D8 products in stores across the state, but you should be wary of low quality formulations.

Delta-8-THC vaporizers, a fast acting dosing method found online and in stores in Wyoming.

It’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online.

One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

Is Delta 8 THC Legal to Buy Online in WY?

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. That means you can legally buy them online from any state where Delta 8 THC is legal. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

What Kind of Delta 8 Products Can You Buy in Wyoming?

Wyoming has not specifically prohibited any Delta 8 formulation, which means you may be able to find a variety of different product types in the state. Here are some popular types of Delta 8 you may find in Wyoming and online:

Gummies

Delta-8 gummies are pre-measured doses that taste great and offer the benefits of long-lasting effects, although they may take over an hour to take full effect.

Vapes

You can find legal D8 vapes online and in stores. This dosing method is hard-hitting and fast-acting, offering an unmatched level of portability and a unique "stackable" dosing method.

Tinctures

Delta 8 Tinctures are a middle-ground dosing method that take effect quickly, have moderately long-lasting effects, and can be measured in small increments for easy dose adjustments.

Do You Have to Be 21 to Buy Delta-8 in Wyoming?

There are no state regulations that place age restrictions on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Wyoming according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Ready to shop for Delta-8 in Wyoming? Our Elev8 collection includes edibles, tinctures, vapes, and more that are Farm Bill compliant and legal in the U.S.

Vida Optima Elev8 Caramels

FAQs: Delta-8 Laws in Wyoming

1. Can you buy delta-8 in Wyoming?

The possession and purchase of Delta-8 THC, Delta-9 THC, and Delta-10 THC products sourced from marijuana are prohibited in Wyoming. However, Wyoming residents can purchase hemp-derived Delta-8 THC, Delta-9 THC, and Delta-10 THC products from local stores, hemp shops, gas stations, and from online stores in the state.

2. Does Wyoming have dispensaries?

No, Wyoming does not have dispensaries for marijuana products, as marijuana is illegal for both recreational and medical purposes in the state.

3. Can you buy edibles in Wyoming?

Yes, you can purchase edibles containing Delta-9 THC in Wyoming as long as the Delta-9 THC was sourced from hemp and is at or below 0.3% dry weight concentration.

4. Is CBD legal in Wyoming?

Yes, CBD is legal in Wyoming if it is hemp-derived and contains no more than 0.3% THC. CBD products are widely available in the form of oils and other products.

5. Is Wyoming recreationally legal?

No, marijuana is illegal in Wyoming for both recreational and medical purposes. The possession, sale, and use of marijuana are prohibited by state law.

6. Are there age restrictions for purchasing delta-8 in Wyoming?

Yes, customers must be at least 21 years old to purchase Delta-8 THC products in Wyoming, in accordance with state law. Additionally, some retailers may have their own age verification policies in place.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “HB0171” https://www.wyoleg.gov/Legislation/2019/HB0171
  5. “2019 Wyoming Statutes, Title 35 - Public Health and Safety, Chapter 7 - Food and Drugs, Article 10 - Controlled Substances” https://law.justia.com/codes/wyoming/2019/title-35/chapter-7/article-10/section-35-7-1031/

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