Delta 8 THC Wisconsin Legal Guide

Delta 8 THC Wisconsin Legal Guide


Delta 8, the latest alternative drug and probably the safest one(if taken in appropriate usage), has proved a blessing for the people across the United States. Whether it has been the extremely high searches on google or the sales that have broken all-time records. People have been loving this drug like anything. Researchers suggest over 22.3 million Delta 8 searches in the U.S just during the first 8 months of 2021. Some of the articles have defined Delta 8 as a phenomenon that has taken the industry quite by a storm!

All credit goes to the effect that it provides to the consumer; they are not as extreme as marijuana (which is illegal) and are not as the light that it doesn’t provide any effects. This drug has been a perfect combination and comes with various benefits like treating anxiety attacks, depression, and chronic pain. People have said that they could perform normal activities after Delta 8 consumption without experiencing any adverse effects that they feel in cannabis, like anxiety and paranoia. 

Is Delta 8 THC Legal in Wisconsin?

Yes! Delta 8 THC is legal in Wisconsin. The state legislature successfully legalized Delta 8 in 2019 by enacting Senate Bill 188, containing chapter 94 as plant industry and bringing their laws in line with federal laws. The state accepted the Farm bill 2018 with minor changes. The Delta 8 state legislation defines the “hemp” instead of “industrial hemp” given in the farm bill. 

Chapter 94 talks about the Plant Industry statute that defines hemp as cannabis sativa plant or any part of that plant including seeds thereof and all derivatives salts, extracts, cannabinoids, isomers, and salts of isomer whether growing or not with Delta 9 THC concentration of not more than 0.3% on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent whichever is greater.

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What is Delta 8?

Delta 8 is a naturally occurring psychoactive compound known through various names like “weed lite” and “marijuana-lite”. It is one of the 100 cannabinoids found in the hemp and marijuana plant. 

A cousin of Delta 9 THC, Delta 8 has similar properties with minor differences, like potency, molecular structure, and legality. This will be discussed in brief in further headings.

 Delta 9 THC is a chemical analog of THC which is less psychoactive as compared to other brands. The difference is just the double bond position in the carbon ring, which results in a low affinity and hence, it doesn’t get you “high” and is less potent. 

Buying Delta 8 in Wisconsin

Delta 8 THC Wisconsin Legal Guide

Delta 8 is widely available online as well as offline. While Delta 8 products are easy to obtain, choosing the right product is a challenge. This is due to the increase of unregulated market which manufactures these products without adhering to the basic guidelines of THC concentration, labeling, hemp source, and so on.

 The Delta 8 market has skyrocketed in the last few years, and it shows the potential to grow bigger and bigger. With this, there are a lot of companies that have taken unreasonable benefits of legal gray areas related to Delta 8 in federal and state law. 

So, what do you need to take care of to ensure that you buy the right product? Follow the important pointers below before making your 1st Delta 8 purchase!

Please note it’s impossible to buy a product solely based on one aspect, that’s why you must consider all the pointers and take an informed decision. 

Brand value: Check for how long the brand has been working on products similar to Delta 8. 
Hemp source: Check where the hemp has been sourced for manufacturing Delta 8 products. There are state hemp programs in place that are approved by USDA. A state hemp program functions as a responsible body, defining the requirements for obtaining a license for the cultivation and processing of hemp as well as listing the appropriate land for hemp cultivation; without getting approval and license for the land and cultivation, it will amount to an illegal act and hence there will be various questions on the safety of that hemp. 
Labeling and documentation requirements: The Delta 8 products are needed to be labeled with a QR code that shows that the product has been tested and the THC concentration, commonly known as certificate of analysis. 
Customer review: Above all, you need to check the customer’s rating, which will give you the right picture of whether you should buy this product or not. 
From where you are buying it, online or offline: Honestly! This can factor can be a game-changer. This can give a drastic change in the quality of products. Offline you can buy Delta 8 products in gas stations, cannabis dispensaries, CBD stores, tobacco shops. There have been instances when offline stores do not have proper documentation. They sell products of brands that are less-known and do not have credible documentation. 

Online, Delta 8 products are available on websites like exhale wellness, budpop, Hollyweed, diamond CBD, 3Chi. Buying online makes your work a lot easier, as you have access to customer ratings reviews. Also, you can check the services and policies and documents related to the quality check of those products and even avail huge discounts. 

Traveling in Possession of Delta 8

Yes, you can travel to Wisconsin with Delta 8 due to its legality in the state and federally. However, you need to check for legality while traveling interstate. If you are traveling to a state where Delta 8 is restricted regulated, or if the states are still unsure about Delta 8 legality, it can create problems for you. You fight face questioning from the local police. 

Similar is the case when you are flying to a different state. At the same time, most airlines do not look for marijuana and illegal narcotics during the screening procedure. The focus of their security is mainly on the threat posed to the security of airlines and passengers.

Licensing and Cultivation of Delta 8 in Wisconsin

Yes, you’ll require a license to grow Delta 8 in Wisconsin. From Jan 1, 2022, the state has transitioned from its state hemp program to USDA. To obtain a hemp grower license, you need to go through the following process:

Creating an account on the USDA website. Obtaining an FBI criminal history for all key participants. Registering on the hemp E-management platform, the portal you’ll use to apply for a license and manage hemp reporting for the USDA.
Read up the reporting requirements report hemp acreage to the farm services agency. The grower is required to furnish all the information regarding the land on which hemp will be grown, along with the size and GPS coordinates. 
Grower is required to adhere to several reporting and testing requirements of the hemp crop. 

Delta 8 Possession Limit in Wisconsin

Delta 8 is identified as an agricultural commodity. Hence, Wisconsin or federal law doesn’t define any possession limits for hemp or hemp products.

Delta 8: Synthetic or Natural?

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Delta 8 is a naturally occurring compound present in marijuana and hemp plants. Still, to meet the growing demand for Delta 8, manufacturers have explored new methods to make the compound. Isomerization is the main process used in making Delta 8. 

Amid this manufacturing news, the DEA recently published an interim rule stating that synthetically derived Delta 8 still comes under schedule 1 of the controlled substance list. However, they didn’t clarify what they mean by “synthetically derived Delta 8”. 

Further, the isomerization process generally includes converting CBD into Delta 8 using acid conversion. This involves heating CBD and facilitating an environment that makes CBD change its molecular structure; that’s it! 

There is no adding of chemicals or any catalyst. Researchers have to believe then Delta 8 doesn’t classify as synthetically-derived. The answer is always open to interpretation unless the authorities provide some guidelines in this regard.

Legalization of Medical or Recreational Cannabis Legalized in Wisconsin

No, recreational or medical cannabis is not legal in Wisconsin. The state has made several attempts to legalize it but hasn’t been successful. You can be punished up to 6 months in jail and $500 fine for your first offense, up to 3.5 years in jail, and a $1000 fine for your subsequent offenses if you are caught with marijuana in Wisconsin. 

However, some cities of Wisconsin have made some local changes related to marijuana law enforcement, such as removing fines if a person has been caught with just one ounce of marijuana. The penalties for possession of marijuana vary from state to state. 

Age Restriction for Delta 8 in Wisconsin

Federal and Wisconsin state laws are silent on the age limit for buying and consuming Delta 8 products. However, please note that various states have fixed the age limit as 21, considering the safety of minors. So, the retailer can ask you about your age and only sell you the product if you are 21 years of age or above. 

Frequently Asked Questions

Question: What Type of Delta 8 is Legal in Wisconsin?

Answer: Delta 8 with a THC concentration of 0.3% is legal in Wisconsin. 

Question: Is Delta 8 THC Safe?

Answer: Not really. Delta 8 products are not approved by the food drug administration. Following the adverse event reports involving unauthorized marketing practices, the FDA published a warning for consumers of the serious health risks associated with the consumption of Delta 8 THC products. 

A warning listed adverse side effects, increased THC levels in Delta 8 products, use of unsafe chemicals in converting hemp-derived CBD into Delta 8 THC, and accessibility of Delta 8 products to minors. The consumption of Delta 8 products will only be safe if they are purchased mindfully and are taken at an appropriate dosage.

Question: What is the Difference Between Delta 8 THC and Delta 9?

Answer: Delta 8 and marijuana are differentiated in the following aspects:

t5THC Concentration: THC concentration in Delta 8 should be less than 0.3% over and above, which will be considered as Delta 9. 
Molecular structure: Delta 8 and Delta 9 have the same chemical formula with slight molecular. There’s a difference between the placement of 2 carbon atoms double bond. In the carbon atom of Delta 9, the double bond is placed on the 9th chain of its molecular structure, whereas in Delta 8, it is placed on the 8th chain.
Legality: Delta 9, commonly known as marijuana or cannabis, is regulated and restricted all over the United States of America. On the other hand, Delta 8 is legal in 32 states out of 50. 
Affordability: Delta 8 is more on the expensive side than Delta 9 products. The reason behind this is the very little occurrence of Delta 8 naturally, and it’s difficult to extract from CBD and delta–9. Anyhow, naturally or through any process, the procedure is cumbersome either way. 

Question: Is Cannabis (Delta 9 THC) Legal in Wisconsin?

Answer: Yes, delta 9 is legal in Wisconsin provided it has the acceptable level of THC concentration, i.e 0.3% 

Question: Does Delta 8 Show up on a Drug Test?

Answer: Yes, Delta 8 will show up on the drug test. To pass the drug test, you need to lay off this drug from 3 days to 90 days before, depending on the test. For example, Delta 8 can show up to 90 days in a hair test. 

Question: Is Delta-10 Legal in Wisconsin?

Answer: Delta-10 is legal in Wisconsin as long as it has less than 0.3% THC concentration. 

The Future for Delta 8 in Wisconsin

After thorough analysis and research, it appears that Delta 8 is here to stay in Wisconsin. We can expect the legalization of medical marijuana for patients at some point in the future and much more important developments in this area.

Continue reading:

Delta 8 THC Tennessee Legal Guide

Delta-8 THC Ohio

Delta 8 THC New Mexico Legal Guide


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