Senate bill that restricts delta-8 hemp products advances from House committee
Feb. 28—CHEYENNE — After a long journey of testimony and amendments made through the interim, a Senate bill to limit the delta-8 substance in hemp products was advanced by the House Judiciary Committee on Wednesday.
Wyoming Division of Criminal Investigation senior forensic analyst Sarah Barrett recapped the bill's intent — to clarify where state law stood on delta-8 substances in hemp products. Barrett reminded representatives there is no scientific test to tell the difference between synthetic and naturally occurring delta-8 THC in hemp products.
This was an issue heavily debated over the interim, where lawmakers added several revisions so the bill wouldn't jeopardize Wyoming's hemp industry.
Previous testimony by DCI officials revealed there will always be a small amount of naturally occurring delta-8 THC in hemp.
"It's generally accepted in both the forensic chemistry community, as well as in the world of CBD, that most of the delta-8 products out there are synthetically converted from CBD or the hemp plant," Barrett said. "So the issue really is ... is the delta-8 THC synthetic or naturally occurring?"
As written, Senate File 32, "Hemp-limitations on psychoactive substances," defines hemp as any part of the plant "with no synthetic substance and with a THC concentration" of no more than 0.3% on a dry weight basis. It also expands the definition of THC to include "psychoactive analogs" and "any psychoactive structural, optical or geometric isomers" of THC, as well as any "synthetic substance."
The bill also adds delta-8 THC to the list of controlled substances under Schedule I, which are prohibited in the state of Wyoming. The original intent of the bill was to keep delta-8 laced products out of the hands of minors, after lawmakers received reports of teenagers who were hospitalized from its consumption.
Committee Chairman Rep. Art Washut, R-Casper, opened the floor to public testimony both in favor of and against the bill. Few remarks were made in favor of the bill, extending time for public testimony against it. A majority of those who spoke against the bill were hemp industry associates and a few people who use the product.
A running theme in opposition to the bill was restricting access to delta-8 products for people who desperately need it, such as veterans with post-traumatic stress disorder and cancer patients. Tierney Piper said she is a sales associate for delta-8 products and has seen how this product helped a customer with night terrors, as well as managed pain for women with reproductive issues.
"I have a 14-year-old daughter, and she talks to me about things that come in and out of the schools here in this town. Delta-8 is not a concern in her school," said Piper, who became emotional during her testimony.
Piper and others who testified compared delta-8 products to alcohol. The issue of parents, siblings or friends buying these products for minors is the same problem as them buying alcohol for that age group. In a comparison of alcohol and delta-8 products, many said the latter was less dangerous.
Rep. Karlee Provenza, D-Laramie, noted this in her argument against the bill.
"We have said that people can't make decisions of what to do with their body in the privacy of their own homes by using substances that hurt virtually no one," Provenza said. "Continuing to keep people, like veterans, away from it is not helping. ... I don't think this is any (substance) more dangerous than alcohol, yet we can walk down the street and buy some."
Rep. Ken Chestek, D-Laramie, said he appreciated the intent of the bill, which is ultimately to protect kids, but questioned if this was the right path. Another point brought up during testimony was that this bill did not include an age restriction.
"I'm still troubled, concerned or confused by this bill. I'm going to vote to advance it, because it seems like the problem we're trying to solve here is to keep these products out of the hands of minors," Chestek said. "I'm not sure if this bill does that. I'm open to all kinds of suggestions to amend the bill to make it do that."
Rep. Ember Oakley, R-Riverton, who was fully in favor of the bill, said it closes a loophole. She acknowledged the medical benefits of delta-8 products, but she said her concern is its lack of regulation.
"We actually know very little about the effects of delta-8," Oakley said. "I don't think, from my perspective, that this bill is having an unintended consequence of making it illegal. I think that's the point."
The bill was advanced by the committee on a vote of 7-2, with votes against the bill from Provenza and Rep. Tony Niemiec, R-Green River.
Hannah Shields is the Wyoming Tribune Eagle's state government reporter. She can be reached at 307-633-3167 or hshields@wyomingnews.com. You can follow her on X @happyfeet004.
