Challenge to Ban on Delta 8 Goes to Court in Wyoming - The Hazardous Truth About Synthetic Cannabis

by Wyoming Liberty Group

The argument goes something like this: Delta 8 is a less potent drug than regular marijuana, so what's the big deal?

Well, in short, it is a big deal—because the mind-altering drug is in fact quite potent and hazardous.

But don't tell that to a group of hemp folks who are suing the state and governor over a recently passed bill, known as SF 32, which placed a ban on synthetic cannabis products like Delta-8.

The case is going to court now, so we'll see what the judge does. But in the meantime, there's been a lot of chatter, especially among lawmakers, about the ban and Delta 8, which has in a manner of speaking circumvented the fact that marijuana remains illegal in Wyoming.

There is at least one legislator who argues that the bill is ant-liberty and totally ineffective. Why? Well, he asserts that Delta 8 is merely a third as potent as regular marijuana, otherwise known as Delta 9. And so, he says customers are gravitating to the more potent weed.

He goes further, saying that people will use marijuana—or the variant, Delta 8—so why pretend that the government can force people not to partake of the drug? He calls such a ban misguided. So, too, believes a group of hemp shop owners and others who are seeking an injunction to overturn the ban on Delta 8, claiming the state law is unconstitutional.

"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," said one of the retailers in a statement when the ban was going into effect. "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."

The plaintiffs in the suit, which include shops in Casper, Cheyenne, Cody, Laramie and Torrington, contend that the ban is, among other things, too broad and vague and interferes with interstate transportation.

It's understandable, incidentally, that some small business owners are concerned about their sales with the ban on Delta-8, which has quickly become an ever-present and increasingly popular item across Wyoming's landscape.

But—and there is a "but"—what about the significant health hazard of this drug?

The truth is, there's been a lot of misinformation out there about Delta 8. So, let's clear up a few things. Delta 8 emerged as a result of an apparently unintended loophole created by the U.S. Congress. Thank—or blame the feds.

When Congress passed the Agriculture Improvement Act of 2018, otherwise known as the Farm Bill, business interests rushed to market and sell Delta 8. That included various parts of Wyoming, including Gillette, Jackson and Rawlins.

Federal law, intended or not, allows the growth and sale of hemp, a class of the cannabis plant with low levels of tetrahydrocannabinol, or THC, the psychoactive ingredient that makes the person high in marijuana.

Some things are pretty clearcut. For instance, there's no question that Delta 8 comes from the same cannabis plant as marijuana, and it has similar mind-altering effects, though with less of the psychoactive substance in it, according to authorities.

Other disturbing facts are not in dispute. For instance, in Cody, Delta 8 was the cause for several high school students being rushed to the hospital over the past year. "We had one kid today who was 90 pounds and couldn't breathe," said a school resource officer. "We couldn't wake him up."

Concerns about Delta 8 are not limited to Wyoming. The U.S. Food and Drug Administration has received 104 "adverse event reports" from people about Delta 8 between Dec. 1, 2020, and Feb. 28, 2022. And more than half required emergency medical services or hospital admission. Adverse events included these alarming effects: "hallucinations, vomiting, tremor, anxiety, dizziness, confusion, and loss of consciousness."

Indeed, the FDA has noted that Delta 8 has not been approved for "safe use in any context."

Those are not uncertain terms. Delta 8 is a serious concern—and hazard—especially for our youth in Wyoming, who in many cases appear to be unaware of the dangers. As such, the ban on Delta 8 isn't anti-liberty. It's about the safety and health of our people.

For more information on terms such as marijuana, cannabis, THC, delta 9, delta 8, and more, please refer to our publication "Weeding Through Facts" available here.