Legality

Medically Reviewed By:

Nidra Sidhu, M.D. Integrative Medicine

Is Delta 8 Legal In Wisconsin? Where To Buy

Delta 8 THC, a variant of tetrahydrocannabinol and a hemp-derived product, is federally legal. However, state and federal laws regarding the legality of delta 8 don’t always concur. This is because the laws that legalized delta 8 on a federal level gave each state the power to decide if it will be legal in their state.

In the 1940s, Wisconsin state was the nation’s leading producer of hemp, and the industry was highly recognized until hemp was classified as a Schedule I drug in 1970, which halted the production of hemp in the state. Wisconsin’s hemp industry only took off again after state lawmakers aligned their hemp laws to the 2018 Farm Bill and made hemp and its derivatives legal in Wisconsin. 

However, after local law enforcement raided a hemp store in Menomonee Falls for allegedly selling illegal substances like delta 8 THC, retailers and users of delta 8 THC started to question the legality of the cannabinoid in Wisconsin.

Is delta 8 legal in Wisconsin? Yes, it is, but it must be compliant with state laws.

In this article, we clarify the state laws surrounding delta 8 THC and discuss where to buy delta 8 in Wisconsin.

What Is Delta 8 THC?

For a clearer understanding of the laws surrounding delta 8 THC, let’s take a look at what is delta 8 THC.

Delta 8 THC is a naturally occurring cannabinoid in the hemp plant but it's found in very small quantities. Extracting it in significant amounts would require a huge number of plants.

However, delta 8 can be manufactured in larger quantities for commercial purposes by converting delta 9 THC or CBD, extracted from cannabis and hemp plants. This can be done in the lab through a series of chemical processes where CBD is introduced to acids and solvents and a specific temperature to create an environment for the conversion to occur.

Delta 8 is psychoactive, which means that it can produce a high associated with taking cannabis however, it is less potent, so the high might not be as intense.

Delta 8 THC Vs. Delta 9 THC

Delta 8 and delta 9 are isomers. They share the same number of molecules but the structural arrangement differs. Delta 8 and delta 9 have a double carbon bond; delta 8’s double bond happens on the eighth carbon and delta 9’s on the ninth carbon, giving them their distinctive names.

The difference in the structural arrangement of the molecules might seem insignificant but it is responsible for how the compounds interact with the human body.

When people talk about recreational marijuana or cannabis, they are referring to delta 9 THC, the main psychoactive compound in cannabis. This compound binds to CB1 receptors of the endocannabinoid system, the cannabinoid receptors responsible for producing psychoactive effects. Delta 8 can also bind with these same cannabinoid receptors which allows delta 8 also to induce a high.

However, since delta 8 including delta 8 gummies 1000mg isn’t as potent as delta 9, the high it produces upon binding with the CB1 receptors isn’t as intense as that of delta 9. Since both compounds interact with the body similarly, they produce similar therapeutic benefits. 

Wisconsin Delta 8 THC Laws

Delta 8 THC is federally legal due to a legal loophole in the 2018 Agriculture Improvement Act, popularly known as the Farm Bill. This bill gave shared power between federal and state lawmakers on the legality of hemp so state and federal law on hemp doesn’t always concur.

Consequently, before buying or selling any hemp product, you should always research your state’s law to verify what it says about possessing hemp products.

In November 2017, Governor Scott Walker signed the Act legalizing the cultivation of industrial hemp containing no more than 0.3 % THC on a dry weight basis. This Bill legalized hemp plants and exempted hemp from the definition of marijuana. 

The state also made some updates to its Uniform Controlled Substances Act. Hemp was delisted as a Schedule I Controlled Substance, making it and all its derivatives legal, as long as they comply with the federal industrial hemp program.

Wisconsin State Hemp Updates

Chapter 94, section 55 of the new Wisconsin Hemp legislature updated the definition of hemp, which helped change the legal status of delta 8 THC in Wisconsin.

This legislature defined hemp as the plant Cannabis sativa L. This included any part of the plant, the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis.

This new update excluded hemp from the definition of marijuana and covered delta 8, a hemp-derived product. Therefore, Delta 8 THC products are legal in Wisconsin if they are extracted from hemp, not marijuana, and don’t contain more than 0.3% delta 9 THC.

Is Delta 9 THC Legal In Wisconsin?

Marijuana is classified as a Schedule I hallucinogenic substance and possession is considered a misdemeanor punishable by up to 6 months of jail time with a $500 fine. Unlike delta 8 THC, delta 9 THC isn’t legal in Wisconsin. It is not legal for either recreational or medicinal use. 

Some counties and municipalities, however, decriminalize possession of up to 25 grams. For instance, in Milwaukee county, possession of up to 25 grams or less of marijuana is punishable by a $1 fine plus court costs. 

In 2020, Wisconsin lawmakers declined to pass the legislation which would have legalized marijuana despite widespread public support for the policy including that of the governor and other state officials. For this reason, delta 9 THC or any marijuana extract is still illegal in Wisconsin except for CBD which is legal to extract from marijuana.

The Wisconsin Marijuana Extract Bill passed in 2017 allows for CBD to be extracted from marijuana to treat seizures and the extracted CBD products can contain up to 1% THC.

Where To Buy Delta 8 THC In Wisconsin

Based on the delta 8 laws in Wisconsin, you can buy delta 8 THC without getting in trouble with state laws provided you are buying products considered legal.

You can buy delta 8 THC from vape shops, online, smoke shops, local dispensaries, convenience stores, or even gas stations. However, we recommend you buy your delta 8 THC products from online stores, directly from the manufacturers, for the following reasons.

Better Prices

Buying delta 8 products from online stores will likely get you the best prices on the market since there won’t be any middleman fees. Online stores also offer seasonal discounts, coupons, subscriptions, and referral rewards which you can use to reduce the product's price.

High-Quality Products

Local shops like gas stations might not care about stocking their shelves with high-quality products as much as an online brand would care about quality. Shopping online can guarantee high-quality products as well as variety.

Law Compliant Products

As we discussed earlier, delta 8 should be derived from hemp and it shouldn’t contain more than 0.3% THC, so to avoid trouble with state and federal law, hemp products you buy should comply with these laws. Shopping online will allow you to read the product's certificate of analysis to determine its components before you buy.

Browse Customer Reviews

Reading customer reviews, especially on a product you will ingest, is very important because it will give you a fair idea of how the product might affect your body.

Can Delta 8 be Delivered To Your Home?

All delta 8 products bought online can be delivered to your doorstep except delta 8 THC vapes. This is because of The PACT Act, now known as The Prevent Online Sales of E-Cigarettes to Children Act.

This Act prohibits the use of the US Postal Service (USPS), FedEx, or UPS to deliver cigarettes, smokeless tobacco products, and Electronic Nicotine Delivery Systems (ENDS) directly to consumers in their homes. ENDS are defined as all vaping products, liquids, components, and accessories containing nicotine or not and delta 8 vapes fall under the definition of ENDS.

There are a few exceptions to mailing delta 8 THC Vapes.

• Registered tobacco businesses can still ship between themselves.
• Intrastate shipping in Alaska and Hawaii is allowed.
• Limited shipping of vaping products by federal agencies for health purposes is allowed.
• Adults can ship 10 electronic nicotine delivery systems for non-commercial use every 30 days.

Aside from delta 8 THC vape cartridges, other delta 8 products can be bought online and delivered to your doorstep without restrictions.

At What Age Can You Buy Delta 8 THC In Wisconsin?

A few counties have passed ordinances to regulate the possession of delta 8 THC. One such county is Wood County. The Board of supervisors of Wood county passed an ordinance that requires people to show proof of age of 21 to purchase intoxicating hemp products like delta 8 THC edibles. 

Wisconsin, on the other hand, doesn’t have age regulations in place for buying delta 8 THC, however, hemp retailers require buyers to be 21 years or above to buy delta 8 THC.

Is Delta 10 THC Legal In Wisconsin?

Wisconsin state doesn’t have a medical marijuana program so residents rely on legal alternatives for their similar therapeutic and health benefits. 

Delta 10 THC is an isomer of delta 8 THC and delta 9 THC and it shares similar therapeutic benefits with these cannabinoids. So is it legal in Wisconsin?

Yes - Delta 10 THC is legal because the same laws that legalized delta 8 THC also make delta 10 legal. Under this law, all hemp-derived products, including delta 10, are legal, provided they don't contain more than 0.3% THC.

What Does The Future Hold For Delta 8 THC In Wisconsin?

State and federal laws on delta 8 THC are bound to change so it is difficult to predict the future of delta 8 THC in Wisconsin.

The federal government and the Drug Enforcement Agency are still deliberating on whether this compound is natural or synthetic, leading to some states banning this cannabinoid.

Although there is currently no upcoming legislature in Wisconsin that puts the legality of delta 8 THC at risk, it is hard to say how long the legal status of delta 8 THC will last in Wisconsin.

Key Takeaways

Delta 8 is a psychoactive compound that is naturally found in hemp and cannabis plants. It produces a high but unlike cannabis, delta 8 is less potent so the high it produces is less intense.

Delta 8 became legal in Wisconsin after the state lawmakers aligned the delta 8 THC laws to the 2018 Agricultural Improvement Act which legalized hemp and its derivatives on a federal level.

In Wisconsin, only delta 8 THC extracted from hemp not containing more than 0.3% THC is legal. Delta 8 extracted from cannabis is illegal. 

All legal delta 8 products can be delivered to your doorstep except for vape cartridges as long as they are compliant with state and federal law.

Keep in mind that delta 8 laws are subject to change and as such, you should keep an eye out for any changes regarding hemp laws in your state before purchasing or using.

If you are ready to try delta 8 THC, we recommend you start with our delta 8 THC gummies. Our gummies are 100% Farm Bill compliant and come in different flavors with great tastes.

Legal Disclaimer: Always consult an attorney for the best legal advice regarding THC and your state and federal law, as the material shared here is for informational purposes only.

Clayton McCall

Clayton is a Senior Content Specialist, researcher, and holistic healthcare practitioner. Having been in the supplement industry for more than 15 years, Clayton brings a wealth of experience to the delta 8 space. His publications include alternative therapy, stress and coping, and alternative health.