Is Delta-8 Legal in Wyoming? What State Law Says in 2026

Delta-8 in Wyoming at a glance

Status	Banned
Age limit	Not applicable (banned)
Sale	Producing, processing or selling hemp products that contain a synthetic substance or more than 0.3% THC, which includes delta-8 and other psychoactive isomers, is prohibited.
Possession	Delta-8 outside the narrow hemp exception is a Schedule I controlled substance under Wyoming law, so possession can be prosecuted.
Product rules	Hemp and hemp products must contain no synthetic substance and no more than 0.3% THC on a dry weight basis post-decarboxylation, with THC defined to include psychoactive analogues and isomers of delta-9.
Licensing	Hemp producers and processors need a Wyoming Department of Agriculture licence, but no licence can authorise delta-8 products.
Key law	SF0032 (2024), Enrolled Act 24; W.S. 11-51-101, 11-51-103(f), 35-7-1014(d)(xxi), 35-7-1063
Last major change	1 July 2024

What Wyoming law says about delta-8 THC

Wyoming’s ban comes from Senate File 32 (Enrolled Act 24), passed in the 2024 budget session with its main provisions in force from 1 July 2024. It redefined hemp as plant material or products containing no synthetic substance and no more than 0.3% THC on a dry weight basis, tested post-decarboxylation. THC now means delta-9 THC plus any psychoactive analogues and psychoactive structural, optical or geometric isomers, which captures delta-8, delta-10 and similar compounds.¹²

The Act bars anyone from producing, processing or selling hemp products above that limit, or adding any synthetic substance to hemp. It also amended Schedule I of Wyoming’s Controlled Substances Act so that tetrahydrocannabinols, expressly including delta-8 in cis or trans form, are covered whether naturally occurring or synthetic. Intentional violations of the hemp chapter are misdemeanours carrying fines of up to $750 and possible jail time.¹²⁴

Hemp businesses challenged the law in federal court. The district court refused a preliminary injunction in July 2024 and later dismissed the case, and on 27 October 2025 the Tenth Circuit in Green Room LLC v. Wyoming affirmed, rejecting pre-emption, Commerce Clause, takings and vagueness claims. The statutes as compiled after the 2026 session show no later change to these provisions.²³⁴

How the federal hemp change affects Wyoming

Separate from Wyoming law, the federal definition of hemp is changing. Under the federal hemp redefinition passed in the FY2026 appropriations law, from 11 December 2026 hemp is measured by total THC, finished products are capped at 0.4 mg of total THC per container, and cannabinoids synthesised or manufactured outside the plant are excluded. Most delta-8 on the market is made by converting CBD, so most delta-8 products will fall outside the federal hemp definition from that date, whatever state law says.

A separate provision covering cannabinoids that the plant cannot produce naturally applies from 12 November 2026. Bills to delay or repeal the change are in congressional committees, but none had advanced as of September 2026. Our explainer on the federal hemp THC limit covers the detail.

Timeline of recent changes

• 27 October 2025: Tenth Circuit affirmed dismissal of the hemp industry’s challenge in Green Room LLC v. Wyoming.
• 19 July 2024: Federal district court denied a preliminary injunction, leaving the ban in force.
• 1 July 2024: SF0032 took effect, banning synthetic substances in hemp and adding delta-8 and other psychoactive isomers to the THC limit.

Delta-8 in neighbouring states

Rules change at the state line. Here is how delta-8 THC is treated in the states bordering Wyoming, as of September 2026:

• Montana: Banned as a synthetic cannabinoid
• South Dakota: Converted delta-8 banned
• Nebraska: Contested; AG treats as unlawful
• Colorado: Banned in hemp products
• Utah: Banned (artificially derived THC)
• Idaho: Illegal (Schedule I THC)

Carrying products across state lines can break the law of the state you enter, and federal law also applies. Check the destination state’s rules first.

THCA in Wyoming

THCA is treated differently: in Wyoming it is Banned (post-decarb 0.3% limit) as of September 2026. Read our guide to THCA law in Wyoming, or compare the two compounds in THCA vs Delta-8.

Frequently asked questions

Is delta-8 legal in Wyoming?

No. Since 1 July 2024, Senate File 32 has excluded synthetic substances from Wyoming’s definition of hemp, counted psychoactive THC isomers such as delta-8 towards the 0.3% limit, and listed delta-8, natural or synthetic, as a Schedule I controlled substance. Hemp shops can no longer lawfully sell delta-8 products.

What are the penalties for selling delta-8 in Wyoming?

Intentionally violating Wyoming’s hemp chapter is a misdemeanour punishable by a fine of up to $750 and possible jail time, reported as up to six months. A licensee caught selling products with synthetic substances becomes ineligible for a hemp licence, and delta-8 is also covered by the state’s controlled substance laws.

Is Wyoming’s delta-8 ban still being challenged in court?

The main challenge has failed. A federal judge refused to block the law in July 2024 and dismissed the case, and on 27 October 2025 the Tenth Circuit Court of Appeals affirmed in Green Room LLC v. Wyoming, rejecting arguments based on the 2018 Farm Bill, interstate commerce, takings and vagueness.

Sources

1. Wyoming Legislature. SF0032, Enrolled Act No. 24 (Hemp; limitations on psychoactive substances), 2024 Budget Session; section 1 effective 1 July 2024. wyoleg.gov
2. Wyoming Legislature. Wyoming Statutes Title 11, chapter 51 (Hemp Production), W.S. 11-51-101 to 11-51-104 (compilation dated May 2026). wyoleg.gov
3. U.S. Court of Appeals for the Tenth Circuit. Green Room LLC v. State of Wyoming, No. 24-8053 (27 October 2025). courtlistener.com
4. WyoFile. Delta-8, similar products to remain illegal in Wyoming as lawsuit progresses (19 July 2024). wyofile.com

Editorial note: This page is general legal information, not legal advice, and reflects our reading of Wyoming and federal law as of 24 September 2026. Hemp and cannabis laws change quickly and are enforced differently by different agencies and localities. If you sell, ship or carry these products, check the current rules with the relevant state agency or a licensed attorney.

See the full state-by-state Delta-8 table →