Lawsuit Challenges Wyoming’s Delta-8 Ban

A lawsuit filed this week in the U.S. District Court for Wyoming is challenging the recently passed state law banning hemp-derived cannabinoids including delta-8 THC, claiming the law violates the federal Farm Bill.

Full story after the jump.

A lawsuit filed Monday in the U.S. District Court for Wyoming is challenging a recent state law banning hemp-derived cannabinoids, such as delta-8 THC, Cowboy State Daily reports. The plaintiffs include 10 hemp businesses and one individual hemp seller who claim the law is unlawful under the 2014 federal Farm Bill which legalized hemp and the 2018 update to the law which prohibits states from blocking interstate commerce of hemp or hemp products. 

“(The new law) creates insurmountable confusion around criminal liability and destroys the mere act of processing hemp into consumable products. (We) face irreparable harm unless this court enjoins (the law).” — The lawsuit via Cowboy State Daily  

The lawsuit names Gov. Mark Gordon (R), who signed the bill into law in March, the state attorney general, the state director of agriculture, and all of Wyoming’s elected prosecutors as defendants.

The plaintiffs contend that the law unconstitutionally lets the state interfere with federal laws, violating the U.S. Constitution’s Commerce Clause, and that the law threatens their businesses “with extinction” by recriminalizing the products, which have been legal in Wyoming since 2017. 

The lawsuit asks the judge to block the law from taking effect and declare their points correct and the state law wrong.    

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