The Legal Status of Delta-8 and Delta-9 THC in Wisconsin: What You Need to Know

TLDR: In Wisconsin, hemp-derived Delta-8 and Delta-9 THC are legal under both federal and state law as long as they contain less than 0.3% Delta-9 THC, aligning with the 2018 Farm Bill. Marijuana-derived Delta-9 THC remains illegal in the state and is subject to criminal penalties because of its higher THC content. Consumers should be cautious about product quality and stay informed on potential regulatory changes affecting these cannabinoids.

The landscape of cannabis legality in the United States is a patchwork of state and federal regulations that can often be confusing to navigate. In Wisconsin, the legal status of Delta-8 and Delta-9 THC, two cannabinoids derived from the cannabis plant, that can also be derived from the hemp plant are a particularly complex topic.

Understanding Delta-8 and Delta-9 THC

First, it’s important to understand what Delta-8 and Delta-9 THC are. Both are cannabinoids found in the cannabis plant, but they have some key differences:

-Delta-9 THC: This is the most well-known cannabinoid, responsible for the psychoactive effects commonly associated with marijuana. It's the primary compound that makes marijuana a controlled substance under federal law.

-Delta-8 THC: This is a close relative of Delta-9, with a similar chemical structure. However, Delta-8 THC is less potent in its psychoactive effects and is often derived from hemp, rather than marijuana.

The Legal Framework

The legality of Delta-8 and Delta-9 THC in Wisconsin is influenced by both state and federal law.

Federal Law

Under the 2018 Farm Bill, hemp (defined as cannabis with less than 0.3% Delta-9 THC) was legalized federally. This bill also legalized all cannabinoids, extracts, and derivatives of hemp, including Delta-8 THC and hemp-derived Delta-9 THC, as long as they meet the THC threshold of less than 0.3% Delta-9 THC by dry weight.

However, the legal landscape pertaining to all of this is a bit murky. The DEA’s Interim Final Rule on hemp and its derivatives has led to ongoing debates and legal challenges regarding whether Delta-8 THC is truly legal under federal law.

Wisconsin Law

In Wisconsin, hemp and its derivatives are legal, aligning with the 2018 Farm Bill. This means that products derived from hemp that contain less than 0.3% Delta-9 THC are legal in the state. Consequently, both Delta-8 THC products and hemp-derived Delta-9 THC products are considered legal.

-Delta-9 THC from Marijuana: Marijuana, which contains higher levels of Delta-9 THC, remains illegal in Wisconsin. The state has not legalized recreational or medicinal marijuana, and possession of marijuana is still subject to criminal penalties.

-Delta-8 THC and Hemp-derived Delta-9 THC: Given that Delta-8 THC and hemp-derived Delta-9 THC can be derived from legal hemp, they fall within the legal framework set by both federal and Wisconsin state laws. As a result, Delta-8 THC and hemp-derived Delta-9 THC products are legal in Wisconsin as long as they are derived from hemp and contain less than 0.3% Delta-9 THC.

Regulatory Considerations and Consumer Safety

While Delta-8 THC and hemp-derived Delta-9 THC are legal in Wisconsin, there are important regulatory considerations and consumer safety issues to be aware of:

-Quality and Purity: The unregulated market for these cannabinoids means that product quality and purity can vary widely. Consumers should seek out reputable brands that provide third-party lab testing results to ensure safety and efficacy, like Kind Oasis. 

-Legislative Changes: The legal status of cannabinoids is subject to change, and both state and federal regulations could evolve. Staying informed about legislative developments is crucial for consumers and businesses alike.

-Health and Safety: Despite being legal, Delta-8 THC and hemp-derived Delta-9 THC are still psychoactive substances. Users should exercise caution, especially when trying them for the first time, and be mindful of their effects on health and daily activities.

The legal status of Delta-8 and Delta-9 THC in Wisconsin reflects the broader complexities of cannabis law in the United States. While marijuana-derived Delta-9 THC remains illegal, Delta-8 THC and hemp-derived Delta-9 THC enjoy legal status thanks to their derivation from hemp. As with any legal substance, responsible use and staying informed about ongoing regulatory changes are essential for both consumers and businesses involved in the cannabis industry.