Wyoming Smoke Shops Face New Hemp Restrictions Amidst Federal Changes

Smoke shops and other retailers that sell hemp products in Wyoming are facing renewed uncertainty after Republicans in the U.S. Senate added a sweeping federal ban on most hemp-derived THC products to the bill that ended the recent government shutdown.

The measure, which takes effect in a year unless reversed, bars any hemp product containing more than 0.4 milligrams of THC per package — a threshold far below levels found in many edibles and beverages now sold in Wyoming. The move comes just two weeks after the 10th U.S. Circuit Court of Appeals upheld a Wyoming law banning several popular hemp-derived THC variants, including Delta-8.

With Delta-8 products already outlawed in the state, many Wyoming hemp sellers had turned to beverages and gummies containing hemp-derived Delta-9 THC, sometimes in doses comparable to legal marijuana products sold in Colorado. Though Wyoming law allows hemp as long as the plant itself contains no more than 0.3% THC, some retailers have interpreted that limit as applying to the raw plant — not the final product.

The federal ban would eliminate that distinction by capping THC in the total package, effectively removing most intoxicating hemp products from shelves.

Since hemp was legalized nationwide under the 2018 Farm Bill, Wyoming retailers have repeatedly adjusted their inventories amid shifting regulations. The state’s 2024 Delta-8 ban followed reports of students in Cody becoming ill after consuming the compound, prompting lawmakers to outlaw three hemp-derived THC variants.

Many customers — including people dealing with chronic illnesses — used the products for pain relief without having to drive to Colorado.

Retailers see the new federal limits as yet another blow, one they believe is being driven by larger, more powerful industries that don’t want the competition. National hemp groups warn the rule could wipe out nearly the entire market unless Congress shifts toward regulating, rather than banning, products with higher THC levels.

Courts have also sided with Wyoming in upholding the state’s own ban, closing off another avenue for relief. With rules tightening from every direction, some shops will have to reinvent themselves by focusing on low-THC items and traditional head-shop gear to stay in business. For others, closing seems inevitable.