Hemp shops and attorneys for the state of Wyoming are awaiting the final results of a lawsuit seeking to re-legalize Delta-8, a psychoactive substance found in cannabis plants.

Delta-8 is similar to, but less potent than, the main compound that gets marijuana users high.

From 2019 to 2024, it was legal in Wyoming. But the state outlawed it last year, prompting hemp shops across the state to sue. Both recreational and medical marijuana remain illegal in Wyoming.

The hemp shops lost their initial case but argued on appeal before the 10th Circuit Court this month. Donna Domonkos, their lawyer, argued the state had no right to restrict the sale of hemp products.

"The legislation changed the federal definition of hemp and criminalized the possession of what would be legalized federally," she said.

Domonkos argued federal law specifically says the states can regulate production of hemp. But it doesn't specify who decides rules about sale or possession, so, she argued, the federal government maintains that right and has allowed for Delta-8's sale and possession.

Judge Harris Hartz wasn't convinced.

"You're drawing an inference there," he said. "It's not a stupid inference, but I'm not sure it's a persuasive one."

Jonathan Sater, a lawyer for the state of Wyoming, argued that the Equality State, or any other, is allowed to be more restrictive in this case than the federal government.

"There are just certain substances that the state of Wyoming has determined are inappropriate for the community based on health, morals and safety, which it's clearly allowed to do under controlling precedent," he said.

Both parties are awaiting a decision from the appeals court.