Hemp consumption and production is legal across the country and in a majority of states. However, Wyoming citizens could soon find limits set on smokable hemp as early as this summer. Senate File 90, introduced to the Senate Judiciary Committee on February 5th, looks to do just that. 

What is Hemp?

Hemp is a low-THC version of the cannabis plant. Cannabis became a central focus of the Controlled Substances Act several decades ago in the early 1970s. The Act started the drug scheduling list. Unfortunately, the regulation didn’t separate parts of the cannabis plant. The entire plant saw placement on the Schedule I drug list. Schedule I drugs are the most dangerous drugs that pose the biggest threat to the general public. They have addictive properties and can severely affect physical and psychological aspects of the human body.

In 2018, cannabis and hemp finally got separate definitions thanks to the Farm Bill created by the USDA and signed into law by former President Trump. Hemp is defined as, “The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

So, as long as a product contains less than 0.3 percent of Delta 9 THC, then its classified as hemp. Hemp can be grown and sold on the federal level. Delta 9 THC is the main psychoactive cannabinoid in marijuana that creates the euphoric high in consumers. Many states also adopted the same definition of hemp and have made products legal within their borders. Wyoming is part of the majority in adopting the same definition of hemp established by the Farm Bill. But new limitations are beginning to appear, especially on smokable hemp. 

Retail Prohibitions

Senate File 90 states that smokable hemp would be illegal to sell or purchase by anyone under 21. Hemp would also be illegal to smoke and consume in public. Any violation will be a misdemeanor. That charge would be accompanied by a fine. The fine ranges based on how many times an individual or a retail store has broken the law before. 

Senate File 90 says anyone found intentionally smoking hemp in public will be fined. First offense would be $50, second offense at $100, and third and all subsequent offenses would be $500. 

Retailers have some of the same regulations as well. First offense selling smokable hemp products to citizens under 21 will be a $250 fine. A second offense is $500 fine if it’s within a 24 month period after the first offense. Finally, a third offense would be a $750 fine. Any violations after the third could result in a retailer losing their license to sell smokable hemp products. Retailers are also required to clearly label all hemp products with their active and inactive ingredients plus their nutritional value if they are sold in a store. Retails must clearly label all products. 

Individual Prohibitions

Individual sellers have a slightly different set of rules. All violations will be classified as misdemeanors. Each violation tier with a fine. First offense is a $250 fine. Second offense is a $500 fine. Third offense and any additional offenses is a $750 fine. The person will be charged no matter where they are located. It all depends on when the last violation happened. If the last violation happened within the last 24 months of the previous violation, then the current offense will be a second or third offense. 

However, these individuals do qualify for a community service program. If an individual is found selling smokable hemp products to people under 21, a misdemeanor charge will be issues. But they can participate in community service opportunities to pay off their fines and court fees. For the first two offenses, individuals can receive $10 per hour of community service towards their charges. For the third offense and beyond, they can receive $5 per hour of community service towards their charges. This marks a unique approach to handling individual sellers not associated with retailers or large distribution companies. 

Future

Lawmakers will debate Senate File 90 several times before voting. And it could be denied at any point during this debate.

This is an evolving situation. As more information becomes available, we will be sure to update you with the latest. Make sure to check back for more cannabis and hemp related news.