Is THCA legal in Wyoming? Wyoming hemp, CBD, delta-8 and kratom laws

The law in Wyoming

Wyoming's hemp chapter, title 11, chapter 51 of its statutes, defines hemp as the plant and anything made from it "with no synthetic substance" and with a THC concentration of no more than 0.3 percent on a dry weight basis, measured after decarboxylation or by a similarly reliable method. THC is defined broadly: delta-9 THC, psychoactive analogs of THC, and any psychoactive structural, optical or geometric isomer of THC. A synthetic substance is any synthetic THC, synthetic cannabinoid or any other drug or psychoactive substance.

That wording comes from Senate Enrolled Act 24, signed March 7, 2024 and in effect July 1, 2024. Section 11-51-103 now bars anyone from producing, processing or selling hemp products over the limit, or adding a synthetic substance to them. Within those limits, section 11-51-102 lets any person possess, buy, sell, transport and use hemp products.

1. February 20, 2020USDA accepts the Wyoming Department of Agriculture's hemp plan.
2. March 7, 2024The governor signs Senate Enrolled Act 24, the synthetic substance and delta-8 law.
3. July 1, 2024SEA 24 takes effect: delta-8 counts toward 0.3% THC and joins Schedule I.
4. October 27, 2025The Tenth Circuit affirms the dismissal of a challenge to SEA 24 in Green Room v. Wyoming.
5. March 6, 2026The governor signs Senate File 56, regulating kratom products.
6. July 1, 2026The kratom law takes effect: age 21, a 2% cap on 7-OH and labels.
7. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

THCA and delta-8

No Wyoming statute names THCA. The hemp limit is measured after decarboxylation, the step that turns THCA into delta-9 THC, so the statute's own test counts it. We found no Wyoming court ruling or Attorney General opinion that applies the limit to THCA flower sold at retail.

Delta-8 is out. Because THC includes psychoactive isomers, delta-8 and delta-9 together must stay under 0.3 percent, and SEA 24 added naturally occurring and synthetic delta-8 to Schedule I in section 35-7-1014. The hemp exemption in section 35-7-1063 covers only hemp with no synthetic substance. An intentional violation of the hemp chapter is a misdemeanor, and anyone who sells hemp with a synthetic substance is ineligible for a state hemp license.

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The Tenth Circuit case

Hemp sellers sued in June 2024, arguing that the 2018 Farm Bill preempts SEA 24, that it burdens interstate commerce and that the word "psychoactive" is too vague. On October 27, 2025, the Tenth Circuit, in Green Room LLC v. State of Wyoming, affirmed the dismissal of the case: the Farm Bill gives sellers no right to sue over preemption, and "psychoactive" carries its common meaning of affecting the mind in ways similar to marijuana. The court noted that the state had agreed CBD is not banned by the law.

Age, licenses and CBD in food

Section 14-3-310 bars selling, giving away or delivering an edible product or vaping product with THC to anyone under 18, with fines from $250 to $750 and possible injunctions for repeat sellers. It does not apply to cannabidiol oil with no more than 0.3 percent THC sold to a parent or guardian for a child under 18. We found no Wyoming statute setting an age for CBD products in general.

The Department of Agriculture licenses hemp producers and processors ($750 a year) and inspects and samples their work. We found no state license for hemp retailers and no Wyoming statute or rule on CBD in food. A 2025 bill to license consumable hemp products through the liquor division, House Bill 267, was not considered for introduction.

Kratom, kava, amanita and spores

Senate File 56, signed March 6, 2026 and in effect July 1, 2026, created Wyoming's first kratom law in sections 35-7-2201 to 35-7-2203. It is a misdemeanor to sell a kratom product to anyone under 21, or one that is adulterated with a controlled substance or a synthesized alkaloid, holds 7-hydroxymitragynine above 2 percent of its alkaloids, looks like candy or appeals to children, or is meant to be smoked or vaped. Each package must list the maker, ingredients, serving size and the mitragynine and 7-hydroxymitragynine per serving, and the Department of Health leads compliance checks.

We found no Wyoming statute naming kava, amanita muscaria or mushroom spores. Psilocybin and psilocyn are listed in Schedule I.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.