Wyoming Committee Votes to Ban Delta-8 THC

A joint legislative committee in Wyoming has approved a bill that would place a ban on delta-8 THC.

Gummies made with delta-8 THC.

Wyoming’s Joint Judiciary Committee voted 8 to 6 to pass the ban. Despite it’s passage, some members took strong stances against the measure, with the committee’s co-chair Representative Art Washut saying the bill is “not ready for prime time”.

“I made it a point in the past to support legislation coming out of committee that is ready for prime time,” said Washut. “We need a bill that we’re really comfortable with, and, unfortunately, I don’t think we’re there.”

Delta-8 THC is THC that’s derived from hemp, which was legalized under the 2018 farm bill. Delta-8 THC interacts with the body in a way similar to marijuana-derived delta-9 THC, despite the latter being illegal for recreational use in Wyoming. This has led to many considering delta-8 THC to be a sort of legal loophole to achieving a marijuana-like experience.

Republican Senator Bill Landen, the other co-chair of the committee, said “I don’t have any doubt that this is a work in progress. But I like the fact that this would at least be a step in what I think is a necessary direction.”

The proposed law – which must be passed by the full House of Representatives and Senate before it can be sent to Governor Mark Gordon for consideration – would prohibit the addition of synthetic substances or other additives to hemp products, while also prohibiting production and sale of hemp products with more than 0.3% delta-8 THC.

Shane England, a spokesperson for the Hemp Industries Association, urged the committee to reject a ban on delta-8 THC, saying such bans have not “stood up in a single court case.”

In Sepember a federal judge blocked enforcement of an Arkansas law that prohibits the distribution of products made from hemp and products containing delta-8 THC.

Last month Texas’ 3rd Court of Appeals ruled to uphold an injunction that stopped a ban on the legal distribution of products containing delta-8 THC.

Earlier this month the Georgia Court of Appeals ruled that products derived from hemp containing Delta-8 THC and/or Delta-10 THC are not controlled substances and thus can be legally sold in the state.

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