Delta-8 THC was legal in Wyoming for several years under the 2018 Farm Bill, and hemp retailers across the state openly sold gummies, vapes, flowers, and edibles. However, Wyoming changed course last year, enacting a statewide ban on Delta-8 and other intoxicating hemp products.
Hemp businesses immediately filed a lawsuit to overturn the ban, arguing that Wyoming’s restrictions violate federal hemp law. A federal judge ruled against them in mid-2024. Now, the case is headed to the 10th Circuit Court of Appeals, meaning the final outcome is still in dispute.
Here is the full 2025 breakdown of the current law, the legal battle, what’s banned, and what consumers must know.
Is Delta-8 THC Legal in Wyoming?
❌ Delta-8 THC is currently illegal in Wyoming.
In 2024, Wyoming enacted legislation banning:
- Delta-8 THC
- Delta-10 THC
- HHC
- THC-O
- All psychoactive hemp-derived THC isomers
These cannabinoids were added to the state’s controlled substance list, making it illegal to:
- Sell
- Possess
- Distribute
- Manufacture
- Transport
any Delta-8 THC product in Wyoming.
Why Wyoming Banned Delta-8 THC
Wyoming lawmakers cited several concerns:
- Delta-8’s intoxicating effects
- Unregulated manufacturing processes
- Products appealing to minors
- Lack of consistent testing standards
- Growing popularity in gas stations and convenience stores
In response, the state classified Delta-8 as an illegal cannabinoid, regardless of whether it’s derived from hemp or cannabis.
The Legal Battle: Hemp Shops vs. the State of Wyoming
After the ban passed, several hemp businesses sued Wyoming, claiming:
- The state is violating the federal definition of legal hemp
- The ban harms small businesses
- Congress intended hemp cannabinoids to remain federally lawful
Federal Judge’s Ruling (Summer 2024):
The court sided with Wyoming, ruling that the state has the authority to ban psychoactive hemp derivatives.
Current Status (2025):
The case is now under appeal before the 10th Circuit Court of Appeals.
A ruling from the 10th Circuit could:
- Uphold the ban, or
- Strike it down, potentially restoring legality
But until the appeal is resolved, the Delta-8 ban remains fully in effect.
What Delta-8 Products Are Illegal in Wyoming?
All Delta-8 forms are prohibited, including:
- Gummies & edibles
- Vape cartridges & disposables
- Tinctures & oils
- Delta-8 flower
- Dabs and concentrates
- Syrups and beverages
If it contains Delta-8 THC, it cannot be sold or possessed.
Can You Buy Delta-8 Online and Ship It to Wyoming?
❌ No.
Online hemp retailers cannot legally ship Delta-8 into Wyoming.
Packages may be intercepted, and businesses could face penalties for shipping to a banned state.
Penalties for Possession or Sale of Delta-8 in Wyoming
Penalties may include:
- Fines
- Misdemeanor or felony charges
- Business license suspension
- Product seizure
- Criminal prosecution for repeated violations
Wyoming enforces the ban at both the retail and distribution levels.
FAQs
Is Delta-8 THC legal in Wyoming?
No. Delta-8 is currently banned and classified as an illegal substance.
Why was Delta-8 banned?
Due to its intoxicating effects, lack of regulation, and safety concerns.
Can you buy Delta-8 online and ship it to Wyoming?
No. Shipping Delta-8 into Wyoming is illegal.
Is it illegal to possess Delta-8?
Yes. Possession, sale, and distribution are all prohibited.
Could Delta-8 become legal again?
Possibly, depending on the outcome of the appeal — but for now, it remains banned.
What Wyoming Consumers Can Use Instead
Although Delta-8 is banned, legal alternatives include:
- CBD products with 0% THC
- Broad-spectrum hemp extracts
- Non-intoxicating cannabinoids (CBG, CBC, CBN—depending on formulation)
Wyoming has no recreational marijuana program, so traditional THC products remain illegal as well.
Conclusion
Delta-8 THC experienced widespread popularity across Wyoming until the state banned all intoxicating hemp cannabinoids in 2024. Although hemp business owners quickly filed a lawsuit to block the ban, a federal judge sided with the state, and the case is now moving to the 10th Circuit Court of Appeals.
Until the legal challenge is resolved, Delta-8 remains fully illegal to sell, own, or possess in Wyoming. Anyone living in or traveling through the state should avoid buying Delta-8 products and instead choose non-intoxicating hemp options that remain federally and locally permitted.
Bottom line:
Delta-8 THC is banned in Wyoming, and the legality will not change unless the 10th Circuit overturns the state’s decision.