The first question usually asked is what is Delta 8? It’s a psychoactive cannabinoid similar to Delta 9, the main cannabinoid found in marijuana that creates the euphoric high consumers aim for. But Delta 8 is different. It’s considered to be less potent and more controllable than Delta 9. How is this possible? 

There’s a difference in double bonds on the molecular level for Delta 8 and Delta 9. Delta 8 has a double bond on the 8th carbon chain whereas Delta 9 has a double bond on the 9th carbon chain. This difference is how Delta 8 is able to be less potent and more controllable. It’s also been reported that Delta 8 doesn’t come with any of the unwanted side effects that Delta 9 can create, such as a clouded head and increased paranoia and anxiety. 

Federal Law

The second question asked: is Delta 8 legal? The answer is yes, on the federal level. Back in 2018, the USDA created the Farm Bill. In this bill, hemp and marijuana are defined separately for the first time since the 1970s. Back then, the Controlled Substances Act began. It stated that anything that came from the cannabis plant, whether it had psychoactive properties or not, was considered severely dangerous to the general public and was placed on the Schedule I drug list, the highest listing possible.

But with the separation between hemp and marijuana, the hemp industry has grown exponentially since the passage of the Farm Bill only a few years ago. Hemp is defined as:

“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

As long as a product contains less than 0.3 percent of Delta 9 within it, then it is legal to grow, produce, sell, and consume on the federal level. Thanks to the structural difference on the molecular level, Delta 8 is different from Delta 9, meaning that all products that contain Delta 8 will contain less than 0.3 percent of Delta 9 within them, keeping the products defined as hemp and federally legal.

But just because hemp and Delta 8 are federally legal doesn’t mean that they are legal in every state. Each state makes their own laws when it comes to hemp, and therefore Delta 8. It’s how some states have legalized medical marijuana use while others haven’t. So, what does Wyoming state law say about Delta 8?

Wyoming State Law

Wyoming is in the majority as it has adopted the same definition of hemp and Delta 8 in the Farm Bill. The state’s law goes on to further state:

“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.”

This is an extra provision to state any hemp or product someone possesses or produces will remain legal. This additional wording helps protect growers, producers, and consumers from any unwanted prosecution even for following the rules. Laws are always subject to change. Research the laws in your state before purchasing and consuming Delta 8 products.

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