Wyoming

Wyoming closed the door on chemically converted intoxicating hemp cannabinoids in 2024 through one of the country’s most sweeping state-level statutory prohibitions — but preserved a lawful lane for naturally-derived hemp Delta-9 beverages and edibles that has become the primary retail channel for Wyoming hemp shops post-2024. The regulatory story turns on a single bill: Senate File 32 (Hemp-Limitations on Psychoactive Substances), signed by Gov. Mark Gordon on March 8, 2024 and effective July 1, 2024. SF 32 does three things. First, it prohibits the addition of any synthetic substance or other additive to hemp/hemp products produced, processed, or sold in Wyoming. Second, it prohibits the sale of hemp containing more than 0.3% THC or other psychoactive substances on a dry-weight basis — and expressly extends that prohibition to ‘psychoactive analogs and isomers of THC.’ Third, and most consequentially, SF 32 schedules naturally-occurring THC substances including delta-8, delta-10, HHC, THC-O, and THCP as Schedule I controlled substances under the Wyoming Controlled Substances Act. That third provision is unusual in that it applies to naturally-occurring cannabinoids as well as chemically converted ones — SF 32 does not distinguish between naturally-derived delta-8 and synthetically converted delta-8, effectively banning all forms. Naturally-derived hemp Delta-9 at ≤0.3% dry weight remains lawful under Wyo. Stat. § 11-51-101(a)(i), which continues to define hemp per the federal Farm Bill standard. Wyoming’s hemp retail industry challenged SF 32 immediately. A group of Wyoming hemp companies including Platte Hemp Company filed federal court litigation seeking to enjoin enforcement. A federal district court denied the temporary restraining order, and the case proceeded to the 10th U.S. Circuit Court of Appeals. In November 2025, the 10th Circuit upheld the Wyoming law, ruling in favor of the state. Post-ruling, many Wyoming hemp retailers pivoted from delta-8 gummies, vapes, and flower to hemp-derived Delta-9 beverages and gummies at 10mg per can or piece — the primary revenue-generating channel that remains lawful. Platte Hemp Company owner Sam Watt (whose five stores generate roughly $500,000 in annual Wyoming sales tax revenue) has been publicly vocal about supporting regulated markets rather than outright bans. Watt has explicitly supported 21+ age gates, third-party testing, and other guardrails — ‘We’re all about regulation. We’re all about doing the right thing, making sure that the customers are consuming safe products.’ Wyoming has no medical cannabis or adult-use cannabis program, and repeated ballot measure attempts have failed to gather sufficient signatures. Enforcement of SF 32 is joint between the Wyoming Department of Agriculture (WDA) and the Commissioner of Drugs and Substances Control. WDA conducts inspections, chemical sampling, and analysis of production and processing activities. Violations result in ineligibility for hemp production/processing licenses. Retailers selling synthetic or converted cannabinoids face misdemeanor prosecution. Enforcement has been active since July 2024, with WDA-led sweeps pulling delta-8 products, vapes, and gummies from smoke shops and convenience stores statewide. For the federal cliff on November 12, 2026, Wyoming is one of the cleaner state-level alignments with Section 781. SF 32’s synthetic cannabinoid exclusion directly parallels Section 781’s exclusion of synthetically or chemically converted cannabinoids from the federal hemp definition. The 10th Circuit’s affirmation provides constitutional cover for continued Wyoming enforcement. However, Wyoming has no state-level per-container mg cap on the naturally-derived hemp Delta-9 products that remain lawful — meaning Section 781’s 0.4mg total-THC per-container federal ceiling will directly reshape the Wyoming hemp beverage market on November 12, 2026 with no state pre-alignment on that dimension. The 10mg hemp Delta-9 gummies and beverages that Wyoming shops pivoted to after SF 32 will fall outside the federal hemp definition. Expect WDA and the Commissioner of Drugs and Substances Control to promulgate emergency rules in Q3-Q4 2026 to conform state-level mg limits to the federal ceiling, or 2027 legislative session action. A bipartisan group of Wyoming lawmakers has already introduced legislation to soften or repeal aspects of SF 32, so the exact post-cliff regulatory picture may evolve. Wyoming’s hemp market will contract sharply through Q4 2026 regardless.