Judge denies Delta-8 injunction

Lawsuit continues

Jess Oaks
Posted 7/24/24

by Jess Oaks

joaks@torringtontelegram.com

WYOMING – In a ruling on Friday, July 19, the federal district court decided not to grant the restraining order or injunction on the ban of …

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Judge denies Delta-8 injunction

Lawsuit continues

Posted

by Jess Oaks

joaks@torringtontelegram.com

WYOMING – In a ruling on Friday, July 19, the federal district court decided not to grant the restraining order or injunction on the ban of Delta-8 THC sales in Wyoming.

The ruling stems from a group of Wyoming cannabidiol (CBD) retailers, manufacturers, consumers, lobbyists, and producers, who refer to themselves as the “Hemp Community of Wyoming”, and their attempt to stop the law banning the sale of artificial Delta-8 from going into effect on July 1. 

On June 28, the hemp community filed a restraining order or an injunction listing nearly 20 different plaintiffs and the injunction refers to the State of Wyoming, the governor, the attorney general, the Wyoming Department of Agriculture, 21 county and prosecuting attorneys, including Goshen County Prosecuting Attorney, Eric Boyer, as well as the district attorneys in Laramie and Natrona counties as defendants in the injunction.

“Public interest is best served by denying plaintiffs’ motion for preliminary injunction,” U.S. District Court Judge Kelly Rankin wrote Friday. “The court appreciates the hardships [the ban] places on plaintiffs. It is unfortunate their businesses face financial strain, and they cannot use the substances that help them. But those burdens are part of living in society.” 

“U.S. District Court Judge Kelly Rankin wasn’t convinced that the plaintiffs suing to keep substances like delta-8 legal in Wyoming were likely to win the case. On that and other grounds, he denied their request to pause the ban as the case moves forward,” the Wyoming Bar Association reported. 

Local store owners, Cindy and Justin Arnold of CinD’s CBD and Vape are listed as plaintiffs in the lawsuit.

“We feel that the State of Wyoming is not listening to its citizens and this bill should never have passed. They left it too open for different interpretations and that has led to a lot of confusion about what’s really legal or not. It doesn’t look like they understand the science behind what they were trying to do,” the shop owners said. “It seems like they think we are filling our shelves with that nasty artificial K2 or spice. The only thing we are selling comes completely from the hemp plant. There is nothing artificial added.”