A federal judge in Wyoming dismissed a lawsuit challenging the state’s ban on intoxicating hemp products, according to a report by WyoFile. The ruling, issued by Judge Kelly Rankin, dismissed the case with prejudice, meaning the lawsuit cannot be refiled in the court. Despite this setback, the plaintiffs, a group of hemp businesses, have already filed an appeal to the 10th Circuit Court, challenging the decision.
Judge Rankin’s ruling upheld the state’s motion to dismiss the lawsuit, echoing his earlier reasoning for denying the plaintiffs’ request for a temporary injunction against the ban. In his decision, Rankin emphasized that “public interest is best served” by upholding the ban and denying the injunction. He also rejected the plaintiffs’ argument that the law is vague, stating, “The fact that Plaintiffs are unhappy with the substances [the ban] prohibits, does not make the law vague.”
The lawsuit originally named several state officials as defendants, but Rankin ruled that only the Wyoming attorney general and the Wyoming Department of Agriculture director were proper defendants. The governor and the state itself were dismissed from the case.
The ban in question, which took effect in July, makes it illegal to produce, process, or sell hemp or hemp products containing more than 0.3% THC on a dry weight basis. The law also prohibits the addition of synthetic substances to hemp products. These restrictions are enforced using post-decarboxylation or other reliable testing methods.
The plaintiffs argue that the ban is detrimental to their businesses and have taken their case to the 10th Circuit Court in hopes of overturning Rankin’s ruling.
This case is closely watched as it could set a precedent for similar legal battles across the country, where hemp regulations continue to evolve. The outcome of the appeal will be pivotal for the hemp industry, particularly in states with strict THC limits.
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