Judge dismisses challenge to Wyoming’s ban on hemp-derived THC products

Wyoming’s ban on the sale of delta-8 and other hemp-derived THC products will remain in place after a federal judge granted the state’s motion to dismiss the case.

In July, Judge Kelly Rankin rejected an initial challenge to the restrictions on intoxicating hemp-derived products brought by a group of delta-8 business owners, manufacturers, users and an agricultural operation.

Then, on Thursday, Rankin sided with the state and dismissed the case, according to Lander-based online news outlet WyoFile.

Unconstitutional claim not proved

The judge reiterated in his Thursday ruling that the plaintiffs did not prove the statute is unconstitutional, including claims the ban violates interstate commerce law.

Rankin dismissed the plaintiffs’ claims with prejudice, saying much of the analysis of the original lawsuit is the same.

“The fact that the plaintiffs are unhappy with the substances (the ban) prohibits does not make the law vague,” Rankin said, according to WyoFile.

The judge also ruled that the federal lawsuit – which named the governor and the state as defendants – was “inappropriate” based on 11th Amendment protections.

According to Rankin, the state’s attorney general and the director of the Wyoming Department of Agriculture were the only proper defendants.

The plaintiffs have filed an appeal to the 10^th Circuit Court, WyoFile reported.

Farm Bill loophole key

Before the ban went into effect July 1, Wyoming’s delta-8 industry was on a high-growth trajectory resulting from a perceived loophole in the 2018 Farm Bill legalizing such products.

While the Farm Bill authorized the production of hemp, it did not preclude states from passing stricter laws of their own, Rankin said.

Some business owners say they have lost thousands of dollars a day since the law was implemented.

Wyoming’s new law:

• Prohibits the sale of hemp-derived THC products with more than 0.3% THC by dry weight.
• Makes it illegal to add “synthetic substances into hemp,” referring to delta-8 and other cannabinoids containing THC that are created through a chemical process.