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It's Unconstitutional: Hemp Businesses Sue Wyoming Governor Over Law Banning Delta-8 And Similar Substances

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It's Unconstitutional: Hemp Businesses Sue Wyoming Governor Over Law Banning Delta-8 And Similar Substances


Ten hemp companies and one individual hemp seller are suing the state of Wyoming over a ban on the cannabis-like substance delta-8 THC. They are calling the law, which took effect Monday, unconstitutional and want it blocked.

The lawsuit was filed last Friday in the U.S. District Court against Wyoming Gov.Mark Gordon (R), attorney general Bridget Hill (R), director of agriculture Doug Miyamoto and all of Wyoming’s elected prosecutors.

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“We will fight to keep our small businesses open, keep food on the tables of our staff, and keep products coming to the hardworking people [of] Wyoming,” Gillette’s Mountain High Wellness store owners Sarah and Richard McDaniel, who are among the plaintiffs, said in a statement as reported by WyoFile. “The Hemp Community of Wyoming is not backing down until the people of Wyoming have the right to decide what we use for alternative options to big pharma and our small businesses have the right to continue to operate.”

Read Also: Intoxicating Hemp Products Face Regulatory Crackdown Across Multiple States

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The Delta-8 Question

What is delta-8 THC and why is it banned?

Delta-8 THC is a chemical component of the cannabis plant. Although delta-8 occurs naturally in very small concentrations, it can produce a mild psychoactive effect in some people similar to delta-9 THC.

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New industrial methodologies enable delta-8 THC to be converted from CBD derived from hemp. Products developed as a result of the 2018 federal Farm Bill that legalized hemp are therefore not subject to the same testing requirements as cannabis, creating a legal loophole.

The biggest problem connected to delta-8 THC has mostly to do with the question of safety. It takes a proficient and experienced chemist to ensure the safe conversion of CBD molecules into THC molecules, writes Forbes. Inappropriate or imprecise techniques could potentially result in dangerous impurities in the final product.

This is why many states are banning delta-8 and other synthetic cannabis products.

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

Unconstitutional And Too Broad

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The plaintiffs also claim that the new ban illegally narrows the federal definition of hemp, impacts interstate transpiration laws, and is too broad.

“For instance, [Senate File 32 – Hemp-limitations on psychoactive substances] bans hemp containing any “synthetic substance,” a term which is overly broad that incorporates “non ‘psychoactive substances’” like CBD that contains no THC,” the filing states. 

The lawsuit lists the following businesses as plaintiffs: Up In Smoke II (Laramie), Capitol Botanicals (Cody), Dr. Chronic’s Concentrates (Casper), Flower Castle Elevated Wellness (Cheyenne), and CinD’s CBD and Vape (Torrington). It also includes the agricultural operation Greybull River Farms.

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The new law is “unconstitutional, as it deprived plaintiffs from cultivating, distributing, transporting and selling hemp plants and hemp-derived products that are declared legal under the 2018 Farm Bill,” reads the document. The plaintiffs also say if the law is enacted and individuals who cultivate hemp plants are to be prosecuted they’ll suffer “irreparable harm.”

“An injunction is the proper remedy when challenging the constitutionality of state action.”

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Read Next:

To keep on top of what is happening with cannabis and hemp in the U.S., join us at the 19th Benzinga Cannabis Capital Conference, which is coming to Chicago this Oct. 8-9. Get your tickets now before prices go up by following this link.

Photo: Courtesy of H_Ko via Shutterstock

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Cowgirls play at Minnesota on Sunday

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Cowgirls play at Minnesota on Sunday


LARAMIE, Wyo. — The Wyoming Cowgirls will return to action Sunday with their final non-conference game of the season when they travel to face Big Ten foe Minnesota on Sunday. Tip-off is set for 4 p.m.

Wyoming is coming off a 58-46 loss at Colorado on Dec. 7. Malene Pedersen and Henna Sandvik led the Cowgirls with 11 points each in the loss, while Kelly Walsh High School grad Logann Alvar also finished in double figures, with 10 points.

Madi Symons had a solid all-around game, grabbing a team-high five rebounds while also leading the way with four assists and blocking a pair of shots.

The Cowgirls recorded 12 assists on 18 made baskets against the Buffs and have assisted on better than 65% of their made field goals this season. Wyoming is averaging 14 assists per game in 2025-26, good for fourth in the Mountain West.

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Defensively, UW has been solid all season long. The Cowgirls enter Sunday ranking third in the league in opponent scoring, surrendering 57 points per game. Wyoming also allows just 38.6-percent shooting from the field overall and 24.8-percent from 3-point range. Both marks rank third-best in the conference.

Although she missed her first free throw of the season in the loss, Pedersen is still shooting 94% at the line. She is also shooting just under 55% from 3-point range this season, a mark that ranks third in the country.

Entering the week, Pedersen was the only Division 1 player in out of 466 qualified athletes who was shooting 90% or better from the free throw line and better than 50% from 3-point range. On the season, Pedersen is second in the MW with 17.1 points per game and shooting 52.5-percent from the floor. Her 2.13 3-pointers made per game are sixth in the league.

Through eight games this season, Alvar and Sandvik average 8.3 and 8.0 points per game, respectively.

Payton Muma leads the team with 23 assists and 13 steals. Symons, meanwhile, leads Wyoming averaging 4.5 rebounds per game while Lana Beslic’s 4.4 boards per game and 19 assists are both second on the squad.

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Opinion | Gratitude and hope for Wyoming

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Opinion | Gratitude and hope for Wyoming


This month, between Thanksgiving and Christmas, is a fitting time for reflection. Our focus turns toward family and community, and the changing weather causes us to slow down. It is a good time to take stock of the society around us. The Thanksgiving holiday naturally turns our minds to what we are grateful for — what already exists that we cherish. Christmas is a holiday of hope, focused on the promise of what is yet to come. With these holidays in mind, let us reflect on what parts of our state we are thankful for and hopeful about.

Perhaps the thing Wyomingites hold most dear is our heritage. Culturally, we are descended from pioneers and settlers — or from those who came before — and we take that frontier heritage to heart. We value independence, community and overcoming challenges. We are willing to endure hardship to build a life that we want, and we are closely attuned to the natural world and the benefits that it provides. Above all else, we know that our perch in this place is still precarious. These are perspectives that are hard to find elsewhere. They set us apart. By embracing these values, we create a society that fits our circumstances. These ideas would not fit in other places, but they fit here, and for that I am grateful. 

I am also thankful for the good stewardship of our forefathers. Wyoming is a harsh place and it’s challenging to thrive here. Most of our land is arid and inhospitable, our physical conditions are difficult, and we are remote from most modern conveniences and luxuries. With poor planning or shortsighted leadership, this place could easily fall into decline. 

Fortunately, we have been blessed with the opposite. The state’s early settlers understood the importance of building the infrastructure that would allow for growth. When it became clear that natural resources would power our economy, our leaders decided to set aside large portions of the state’s mineral revenue to support us in perpetuity. The easy decision — the short-sighted decision — would have been to spend those dollars on the needs of the day. They certainly could have built some nice things, and those projects would have been popular. They also would have been fleeting. Because of wise leadership and decisions that focused on the long-term, we all benefit from our state’s bounty.

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Just as we are grateful for the good decisions of the past, we should be hopeful for the future. Despite our state’s challenges, there are many good reasons to have hope. First, our state is full of opportunity. We have space, natural resources, and the ability to be nimble when it comes to building regulatory structures that can support new industries. Our people are hard-working and determined. We have existing expertise in manufacturing and mining that is missing in many other parts of the country. Our climate and location give Wyoming an advantage in attracting computing facilities to locate here. If we take advantage of the opportunities in front of us, Wyoming is poised to thrive, and that gives me hope.

I am also hopeful because there appears to be a growing consensus on the issues we face, which allows us to better meet these challenges. In surveys and conversations about Wyoming’s future, the challenges of economic diversification and talent retention quickly rise to the top. We recognize where our weaknesses are, which is a significant part of the battle. Once we agree on the problem, we can work to find solutions. 

Finding a fix is often an easier undertaking than identifying the problem itself. Already, drilling into these challenges has helped us recognize the underlying problems connected to affordable housing, livable spaces, health care access and education. Understanding how these fit together and how improvements in one area can lead to improvements in others puts us on a much more manageable path. It will still not be easy to overcome our hurdles, but the fact that we must wrestle with difficult problems is not unusual or unique. We have answered big questions before. Now that we have a growing consensus on what those problems are, I am far more hopeful about our ability to move forward.

In this holiday season, we should take the time to contemplate the world around us. Self-reflection is important. We should look both behind us and ahead of us, toward the past and gratitude and the future and hope. Our state gives us plenty to consider on both accounts.

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Wyoming sees spike in auto crashes due to high wind speeds

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Wyoming sees spike in auto crashes due to high wind speeds


CHEYENNE, Wyo. — The Wyoming Department of Transportation has reported that the ongoing high wind speeds throughout the state have caused 39 vehicles to crash on Wyoming highways so far this week, primarily between Dec. 9 and Dec. 11.

According to a report from WYDOT, most of the crashes occurred on Interstate 80 near Cooper Cove west of Laramie, on I-25 on Wyo Hill south of Cheyenne and along I-25 near Wheatland at Bordeaux. Many blown-over vehicles were underweight, and some trailers were even empty.

WYDOT updates the minimum weights listed on overhead digital messaging signs based on real-time wind speeds. Drivers are encouraged to check weight-based wind closure information often to ensure travel is permitted.

It’s not just commercial vehicles that are at risk, either; the department reports that campers, toy-haulers and other large trailers are also susceptible to blowing over in strong winds.

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