Hemp shops in Wyoming are challenging the state’s ban on Delta-8 THC through a lawsuit, claiming it undermines their business and contradicts federal law. Delta-8, a psychoactive cannabinoid derived from hemp, was legal in Wyoming from 2019 until it was banned in 2024. This hemp-derived compound is known for its milder psychoactive effects compared to Delta-9 THC, the primary ingredient in marijuana that causes a stronger high.
The lawsuit has attracted attention as it seeks to overturn the recent state law that criminalizes Delta-8’s sale and possession. Hemp shops argue that the state lacks the authority to impose such restrictions, given that federal law permits the sale of hemp products, including Delta-8. During a recent appeal before the 10th Circuit Court, attorney Donna Domonkos represented the hemp shops, asserting that the state’s actions have effectively criminalized a product that is federally legal.
“The legislation changed the federal definition of hemp and criminalized the possession of what would be legalized federally,” Domonkos stated. She emphasized that while states can regulate the production of hemp, they cannot impose restrictions on sales that conflict with federal law.
However, the state’s lawyer, Jonathan Sater, countered this argument, asserting that Wyoming has the right to impose stricter regulations based on community health and safety concerns. He noted that the state has determined certain substances, including Delta-8, are unsuitable for its residents.
Judge Harris Hartz, who presided over the appeal, expressed skepticism regarding the hemp shops’ interpretation of federal law, suggesting that while the inference made by the shops is not unreasonable, it may not be compelling enough to overturn the state law.
As the hemp shops await the court’s decision, their case highlights the ongoing tension between state and federal cannabis regulations. Both recreational and medical marijuana remain illegal in Wyoming, making the Delta-8 ban particularly impactful for local businesses that rely on hemp-derived products. The outcome of this case could set a precedent for future cannabis regulations in the state.
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