Cannabis Business Times
The appellate court ruled that states like Wyoming have the right to redefine hemp in a more restrictive manner than the federal standard.
The U.S. Court of Appeals for the 10th Circuit affirmed on Oct. 27 that the 2018 Farm Bill does not preempt Wyoming state law enacted last year that regulates hemp THC products, including a ban on delta-8 THC and synthetic cannabinoids.
The plaintiffs in the case, including Casper-based Green Room LLC and 10 other hemp product retailers, manufacturers and wholesalers, also argued in the federal lawsuit that Wyoming’s statute violated the dormant Commerce Clause doctrine, amounted to an unconstitutional “regulatory taking,” and was “unconstitutionally vague and overbroad.”
The U.S. District Court for the District of Wyoming dismissed their complaint in August, denying them injunctive and declaratory relief. The 10th Circuit affirmed the district court’s dismissal on Monday, dealing a victory to Wyoming state officials, including Attorney General Bridget Hill and Department of Agriculture Director Doug Miyamoto.
The lawsuit stems from Wyoming lawmakers passing legislation in 2024 to criminalize the sale of hemp products with “psychoactive” substances. The legislation, Senate Enrolled Act 24 (SEA 24), amended Wyoming’s 2019 hemp laws to:
- Change the definition of hemp to exclude synthetic substances;
- Expand the definition of hemp to include all THC in the 0.3% calculation (not just delta-9 THC, as written in the 2018 Farm Bill); and
- Add naturally occurring and synthetic delta-8 THC to Schedule I of the Wyoming Controlled Substances Act.
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