While hemp and hemp-derived cannabinoids have officially been legal in the U.S. since the passing of the 2018 Farm Bill, the so-called “loophole” allowing for the sale of intoxicating hemp-derived cannabinoids is beginning to come to a head in a number of states around the country.
As we await the newest iteration of the Farm Bill later this year, which could potentially include provisions limiting or banning such intoxicating cannabinoids, certain states are thinking ahead and moving to ban certain hemp-derived cannabinoids.
Early this month, Wyoming joined the ranks of states that have opted to ban delta-8 THC and other related compounds, with Gov. Mark Gordon signing the measure into law on March 7, WyoFile reports.
Senate File 32, titled “Hemp-limitations on psychoactive substances,” says that it prohibits the addition of synthetic substances and other additives to hemp and the sale of hemp with THC or psychoactive substances “as specified,” including “naturally occurring” THC.
Gordon quietly passed the legislation, as it simply appeared on a list of his signed legislation without any other major announcements or statements on the matter.
Cannabis is illegal in Wyoming for medical and recreational use, so hemp-derived products with THC previously acted as an alternative, legal way for residents to access psychoactive compounds, like delta-8 THC. Products containing intoxicating hemp-derived cannabinoids are sold throughout the state at hemp, smoke and vape shops, leaving many business owners unsure of the road ahead.
The law will officially go into effect on July 1.
It all goes back to the 2018 Farm Bill, which jump started a new U.S. market for hemp and related products. The bill defines legal hemp as products with less than 0.3% THC by dry weight, though some companies have worked around this limitation by synthesizing naturally occurring forms of THC in hemp, like delta-8 and delta-10 THC.
These compounds tend to offer some of the same psychoactive effects as delta-9 THC, the most common and well known form of THC typically found in cannabis, generally with less pronounced effects.
Like delta-9 THC, we are still uncovering more information about these cannabinoids. Though an oft-cited difference lies in regulation. Of course, the illicit market still lacks oversight, but in those states that have legalized medical and adult-use cannabis, products are tested and involve specific safety protocols and procedures before being sold to the public.
Hemp-derived cannabinoid products on the other hand may be federally legal, but they are not federally regulated. Some measures, like third-party testing, can help to provide transparency to consumers, but there are no specific protocols in place to enforce the same safety measures legal states have in places for cannabis products.
Some states have also worked to enforce specific regulations around the products, like age verification, without outright banning the products.
Platte Hemp owner Sam Watt owns five stores in Wyoming and already utilizes third-party testing for his products. Watt also said, “We’re all about regulation,” referencing his support to ban sales to consumers under the age of 21.
For many consumers across the country, especially those without access to legal cannabis products, these products are also the only way they can legally obtain THC and seek relief for specific medical conditions.
Without a legal medical program in Wyoming—which is supported by more than half of residents, according to a 2020 survey—and with the upcoming ban of intoxicating hemp-derived options, folks who have been treating themselves with these cannabinoids will be left without alternatives and could even turn to the illicit market.
Florida lawmakers recently opted to ban delta-8 and limit the amount of THC in hemp-derived products, with some advocates and legislators citing some of these same concerns. Gov. Ron DeSantis has yet to make the final call on this bill, though.
Wyoming is one of 17 states currently banning delta-8 THC.
