February 22, 2021 5 min read

Federal law seems to clear the way for hemp and hemp-derivatives like Delta-8, but state laws vary greatly across the nation. Is Delta-8-THC legal in Wisconsin? And can you buy Delta-8 in Wisconsin stores?

Fortunately, Delta-8-THC and other hemp-derivatives are legal in the state, and products may be easily accessible to Wisconsin residents. Here’s what you need to know about Wisconsin Delta-8 laws before you buy:

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
Wisconsin Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Wisconsin?
Delta-8-THC Possession Limits in Wisconsin
Is Delta-9-THC Legal in Wisconsin?
Where to Buy Delta-8 in Wisconsin
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Hemp and all hemp derivatives are legal according to Wisconsin state law, but the market isn’t very well regulated yet. There are no rules against Delta-8-THC possession or how much you can possess.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. You can find it at a limited number of stores in Wisconsin, but you can also buy legal Delta-8 online and have it shipped directly to your door.

Wisconsin Delta 8 THC Laws

Wisconsin law defines hemp as any Cannabis sativa material, including cannabinoids, isomers, salts, salts of isomers, and other extracts, provided the material contains less than the federally allowed amount of Delta-9-THC (which is 0.3% by dry weight).

Under this definition, Wisconsin legalized all hemp derivatives, including CBD. The updates to state law also include revisions to the Controlled Substances Act, including a specific exemption for tetrahydrocannabinols derived from hemp. Thanks to these updates, Delta-8-THC is legal in Wisconsin, a stark contrast to the Delta-8 prohibition found in neighboring state Iowa.

Here are some excerpts from state law:

CHAPTER 94 - PLANT INDUSTRY

94.55 Hemp.

(1) Definition. In this section, “ hemp” means 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 delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent, whichever is greater, as tested using post-decarboxylation or other similarly reliable methods. “Hemp” does not include a prescription drug product that has been approved by the U.S. food and drug administration.

CHAPTER 961 - UNIFORM CONTROLLED SUBSTANCES ACT

961.01(14)

(14) “Marijuana” means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana” does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination. “Marijuana” does not include hemp, as defined in s. 94.55 (1).

961.14(4)(t)

(t) Tetrahydrocannabinols, commonly known as “THC”, in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized,

except that tetrahydrocannabinols do not include any of the following:

  1. Tetrahydrocannabinols contained in a cannabidiol product that is dispensed as provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32 (2m) (b).
  2. Tetrahydrocannabinols contained in fiber produced from the stalks, oil or cake made from the seeds of a Cannabis plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of a Cannabis plant which is incapable of germination.
  3. Tetrahydrocannabinols contained in hemp, as defined in s. 94.55 (1).

A close up of hemp flower just before harvest, the primary material used to make legal Delta-8-THC products. Is Delta-8 a Controlled Substance in Wisconsin?

Wisconsin updated their Controlled Substances Act to specifically exclude tetrahydrocannabinols in hemp from scheduling. Therefore, no, Delta-8-THC is not a Controlled Substance in Wisconsin.

Delta 8 THC Possession Limits in Wisconsin

Wisconsin law does not define any possession limits for hemp or hemp products, which means there are no possession limits for Delta-8-THC in Wisconsin.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in Wisconsin?

No. Cannabis has not yet been legalized for either recreational or medicinal use in the state. However, voters in the state have shown interest in full legalization, and there have been several ongoing attempts to change cannabis laws in the state.

For now, cannabis possession is punishable by law. A first offense possession is a misdemeanor that carries a penalty of up to 6 months in jail and a fine of up to $1,000.

Where to Buy Delta 8 in Wisconsin?

Delta-8-THC vaporizers, a popular dosing style that's legal in Wisconsin.

Wisconsin’s hemp market is still mostly unregulated, which means you may be able to easily find Delta-8 in stores across the state. The state’s hemp market may also be influenced by nearby states where Delta-8 is legal, like Illinois and Michigan. However, due to poor regulation in these areas, product quality may be in question.

It’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Do You Have to Be 21 to Buy Delta-8 in Wisconsin?

There are no state regulations that place age restriction on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Wisconsin according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “CHAPTER 94 - PLANT INDUSTRY” https://docs.legis.wisconsin.gov/statutes/statutes/94/55/1
  5. “CHAPTER 961 - UNIFORM CONTROLLED SUBSTANCES ACT” https://docs.legis.wisconsin.gov/statutes/statutes/961/II/14/4/t
  6. “Wisconsin Marijuana Laws” https://statelaws.findlaw.com/wisconsin-law/wisconsin-marijuana-laws.html

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