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January 11, 2023
Delta 8

Is Delta-8 Legal in Wisconsin?

Whether you’re a fan of that lighter delta-8 buzz or you just like the convenience of hemp products, you may be wondering if they’re legal where you are. If you’re in Wisconsin, we have good news:

The possession, use, distribution, sale, manufacturing, and production of delta-8 THC is legal in Wisconsin because state law has adopted the 2018 Farm Bill, federal law that permits hemp-derived cannabinoids.

Here’s the short version:

Is delta-8 legal in Wisconsin?

  • Hemp-derived delta-8 THC is legal in Wisconsin
  • Marijuana-derived delta-8 and other cannabis products remain illegal
  • You can buy hemp-derived delta-8 THC products online and in person from all kinds of retailers
  • You can bring delta-8 into the US via Wisconsin, as long as it is hemp-derived and not sourced from marijuana
  • Cannabidiol or CBD products and those infused with delta-10 THC and other cannabinoids are also legal in Wisconsin
  • The federal government is in flux regarding the legality of delta-8 — for several reasons, stemming from potential action on cannabis descheduling in the future and, on the other hand, a ban under state law should the Drug Enforcement Administration (DEA) rule that derived cannabinoids are still controlled substances

But first, what is delta-8 THC?

Delta-8 is one of many cannabinoids that occur naturally in cannabis plants. The legal classification as marijuana or hemp plants is a fictional difference based on the level of delta-9-tetrahydrocannabinol (THC) present. Delta-8 THC is an isomer of the more psychoactive delta-9 THC, and produces effects that are milder and less intoxicating with fewer THC side effects.

Delta-8 THC can be found in various hemp-derived products, such as distillates, drinks, edibles like gummies, flower, vape cartridges, oils, and tinctures, depending on where you are.

The law around delta-9 THC in Wisconsin

From products like CBD oils to delta-8 gummies, all popping up like crazy now, the history of hemp in Wisconsin is over a century old.

That is the common thread with each of these products: they are derived from hemp, cannabis legally classified as such based on having less than 0.3% tetrahydrocannabinol (THC), the compound that renders the plant psychoactive.

Though today it is most famous for the production of cannabinoids such as CBD, hemp has many industrial and agricultural uses. In 1908, researchers in the University of Wisconsin-Madison’s agronomy department harvested the first hemp crop in the state.

However, by the 1940s, the hemp industry had mostly fallen out of favor, and by 1948 the US government ended their pricing support program for hemp. The last hemp crop was harvested in Wisconsin in 1957.

In 1970, hemp was placed on Schedule 1 of The Controlled Substances Act, which prohibited its legal hemp production in Wisconsin and the rest of the nation for almost 60 years.

This first ended with the 2014 U.S. Farm Bill, which allowed industrial hemp to be produced under state-run pilot programs for research. Wisconsin began research in 2017.

Then the final 2018 Farm Bill legalized hemp and products like hemp-derived CBD federally throughout the United States and directed the US Department of Agriculture (USDA) to create a permanent federal program for hemp.

Today, according to WI Stat § 94.55, Wisconsin state law, hemp is legal so long as “any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers of hemp, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent.”

Also, Chapter 961, section 961.14 “Schedule I” of Wisconsin’s Uniform Controlled Substances Act refers only to tetrahydrocannabinols derived from marijuana as state-controlled substances; it does not refer to hemp-derived delta-8 or other THC isomers.

Therefore, delta-8 THC is currently legal under Wisconsin state law and federal law.

What about medical marijuana and recreational cannabis?

No. Neither medical cannabis nor recreational marijuana is legalized in Wisconsin. However, in some places such as Milwaukee County, simple possession has essentially been decriminalized and is subject to minimal fines. See discussion below for upcoming changes to the law.

Where to Buy Delta-8 in Wisconsin?

You can buy delta-8 THC products through retailers in person or online in Wisconsin. Most brick-and-mortar retailers of delta-8 products are vape shops, CBD dispensaries, and head shops. Delta-8 products are also found in gas stations and convenience stores, but without lab tests, their safety cannot be verified, and we don’t recommend them. Since the Food and Drug Administration (FDA) doesn’t regulate these products, you should only buy from legitimate sellers.

Even if you’re nowhere near a dispensary, no problem. Online vendors ship everything from delta-8 THC gummies to drinks to everywhere delta-8 THC is legal, including Wisconsin. And this way you get the best selection of delta-8 THC products, too.

Can you travel with delta-8 in Wisconsin?

Yes. As long as they are hemp-derived delta-8 products, you can travel with them in Wisconsin. However, avoid crossing into Ohio or Illinois. Illinois is reviewing the legal status of delta-8 and Ohio has banned it.

Is delta-10 legal in Wisconsin? What about CBD?

Yes. Under state and federal law in Wisconsin, hemp-derived delta-10-tetrahydrocannabinol (delta-10 THC) is legal and so is CBD. You can use, possess, sell, distribute, and produce delta-10 and CBD products and any others infused with cannabinoids as long as they are derived from hemp carrying no more than 0.3% THC.

Upcoming delta-8 legislation in Wisconsin

Currently, delta-8 THC products are legal in Wisconsin. But what’s on the horizon?

Since the recent November 2022 election, when voters in multiple Wisconsin cities and counties approved measures on their local ballots on non-binding advisory questions legalizing cannabis, Gov. Tony Evers (D) discussed cannabis 2023-2025 will include legalizing marijuana, and that a debate will ensue between Wisconsin state lawmakers.

It is unclear how this will impact other cannabinoids such as delta-8 THC.