Federal update: DOJ partially rescheduled medical cannabis to Schedule III (April 28, 2026 final order). State-licensed medical operators may apply for expedited DEA registration through June 27, 2026; DEA hearing on full rescheduling set for June 29, 2026.

SF 32 (2024) Hemp-Intoxicant Ban + 10th Circuit Affirmance — Green Room v. Wyoming

Wyoming SF 32 (signed by Gov. Mark Gordon March 7, 2024 and effective July 1, 2024) banned delta-8 THC, synthetic cannabinoids, and any hemp product over 0.3% total THC. The U.S. Court of Appeals for the 10th Circuit affirmed the ban October 27, 2025 in Green Room LLC v. Wyoming (Judges Carolyn B. McHugh, Nancy L. Moritz, and Harris L. Hartz; opinion by Judge Hartz). The 10th Circuit joined the 4th and 8th Circuits in holding that the 2018 Farm Bill does not preempt stricter state hemp definitions.

Last verified: May 2026

What SF 32 Did

Senate File 32 narrowed Wyoming’s definition of legal hemp:

  • Banned delta-8 THC, including natural and synthetic forms.
  • Banned synthetic cannabinoids generally.
  • Banned any hemp product with more than 0.3% total THC (vs. only delta-9), bringing both natural and synthetic delta-8 within the prohibition.

The Green Room v. Wyoming Litigation

Hemp businesses including Casper-based Green Room LLC and 10 other plaintiffs challenged the ban. Procedural history:

  • U.S. District Court for the District of Wyoming dismissed in August 2024.
  • U.S. Court of Appeals for the 10th Circuit affirmed October 27, 2025 (Judges Carolyn B. McHugh, Nancy L. Moritz, and Harris L. Hartz; opinion by Judge Hartz).
  • The 10th Circuit joined the 4th and 8th Circuits in holding the 2018 Farm Bill does not preempt stricter state hemp definitions.

The 10th Circuit decision aligns with broader U.S. Court of Appeals consensus that states retain authority to regulate hemp-derived intoxicants more strictly than the 2018 Farm Bill’s federal-floor definition. This is significant for hemp-policy litigation across other circuits and other states.

Industry Impact

Wyoming’s hemp retail sector contracted sharply after SF 32:

  • Alicia Watt, founder of Platte Hemp Company (one of the SF 32 plaintiffs), told WyoFile: "before the ban, roughly 70% of our sales came from those cannabinoids."
  • Justin Arnold of Cin D’s CBD in Torrington reported approximately $20,000/month in delta-8 sales pre-ban.
  • Green Room LLC (Casper) announced it would close at the end of 2025.
  • Smoke shops, vape stores, and gas stations from Cheyenne to Sheridan have substantially reduced or eliminated hemp-derived intoxicant inventory.

The Federal Cliff Stack

SF 32 stacks with the November 2025 federal continuing-resolution provision capping hemp products at 0.4 mg THC per package, effective approximately one year after enactment (late 2026). The combined state-level + federal-level restriction substantially eliminates Wyoming’s hemp-derived intoxicant retail. See federal cliff page.

Comparison with Other States

SF 32 + 10th Circuit affirmance places Wyoming alongside other state-level hemp restrictions:

  • Alabama HB 445 (May 2025): smokable hemp Class C felony; ABC liquor-store-only distribution. Mellow Fellow Fun v. Ivey + Marshall federal preemption challenge pending.
  • Arkansas Act 629 (2023) + Act 934 (2025): hemp-intoxicant ban; Bio Gen v. Sanders 8th Circuit reversal (July 1, 2025).
  • Wyoming SF 32 (2024): similar ban; 10th Circuit affirmance October 27, 2025.
  • South Dakota SB 39 (March 2026): similar ban + state hemp-program repeal.

The pattern reflects multistate Republican-led legislative consensus to restrict hemp-derived intoxicants regardless of 2018 Farm Bill federal authorization.

What Remains Lawful in WY

  • True THC-free CBD isolate products.
  • USDA-licensed industrial hemp production for fiber, grain, seed (under WDA framework, ≤0.3% delta-9 dry weight).
  • Hemp Extract Act 2015 cardholder products (≤0.3% THC, ≥5% CBD) for cardholders with intractable epilepsy.

Practical Notes for Operators

  • SF 32 is the operative state law; 10th Circuit affirmance forecloses preemption challenges in Wyoming.
  • Federal cliff (late 2026) further constrains the legal product slate.
  • WDA hemp licensing remains for industrial hemp (fiber, grain, seed).
  • Cross-border online sales from out-of-state retailers face federal interstate-transport prohibition.

Related on this site: Hemp Extract Act 2015 (HB 32), Send a Message, Contact CannabisWyoming.org.