With the Governor’s recent signature, it’s now official. A ban on hemp-derived THC in all its forms will come into effect in Wyoming this year.
Wyoming Governor Mark Gordon signed off on House Bill 0171 in 2019, which removed hemp and hemp products from regulation under the Wyoming Controlled Substances Act. But it wasn’t until 2020 that the first (legal) crop was grown since prohibition. In the state’s first production season, around 1,000 acres were licensed to grow the crop.
Industrial hemp is naturally very low in THC. In fact, it’s the low levels that distinguish hemp from marijuana. In Wyoming’s definition:
“”Hemp” or “hemp product” means all parts, seeds and varieties of the plant cannabis sativa l., whether growing or not, or a product, derivative, extract, cannabinoid, isomer, acid, salt or salt of isomer made from that plant with no synthetic substance and with a THC concentration of not more than three‑tenths of one percent (0.3%) on a dry weight basis when using post‑decarboxylation or another similarly reliable testing method”
But delta-9 can be produced by manipulating a legal and non-intoxicating cannabinoid that can be present in high levels in hemp – cannabidiol (CBD). Furthermore, other forms of THC can be created through CBD manipulation; such as delta-8.
To this point, hemp-derived THC has been unregulated in the state. But that’s about to change, with Governor Gordon signing a related bill into law on March 7, 2024. SF0032 prohibits the addition of synthetic substances or other additives to hemp and hemp products produced, processed and sold in the state. It also prohibits the sale of hemp that contains more than three-tenths of one percent THC or other psychoactive substances.
“For purposes of this act, the prohibition also applies to psychoactive analogs and isomers of THC,” states the summary accompanying SF0032.
Those who violate the prohibitions on adding synthetic substances or the sale of products containing more than 0.3% THC will be ineligible for a license to produce or process hemp. And inspections of stores selling products will be carried out, which will include chemical analyses.
While the provisions authorizing rulemaking were effective immediately on Governor Gordon’s signature, the remainder of the act comes into effect on July 1, 2024.
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