A federal judge in Wyoming on Thursday dismissed a lawsuit claiming the state’s ban on the sale of Delta-8 and similar substances was unconstitutional.

Judge Kelly Rankin granted the state’s motion to dismiss the lawsuit for many of the same reasons he denied the plaintiff’s motion for a temporary restraining order or injunctive relief, he said.

“Much of the analysis remains the same, and the Court will incorporate the reasoning and cited authority from that order herein,” he wrote. “Accordingly, the Court concludes that defendants’ motion should be granted and plaintiffs’ claims dismissed with prejudice.”

Rankin’s ruling does not give the plaintiffs an opportunity to appeal to the U.S. District Court of Wyoming. The group of Delta-8 business owners, manufacturers and users has appealed to the 10th Circuit Court.

Or rather, they amended an appeal filed on Thursday morning – before Rankin’s ruling – in which they had already asked the appeals court to reconsider their request for a preliminary injunction.

The ban went into effect in July and cost some plaintiffs’ companies thousands of dollars a day, they previously told the court. Wyoming’s Delta-8 industry grew significantly in the years before the ban went into effect.

This is a breaking news story and will be updated