If you want to enjoy Delta 8 THC in Wisconsin, it is perfectly legal to do so. Delta 8 THC is legal both at the federal and state levels, so you should not have concerns about breaking the law while enjoying it.
Federal Legality and the 2018 Farm Bill
As mentioned, Delta 8 THC is legal at the federal level. This is thanks to the 2018 Farm Bill. That bill is also the one that legalized CBD and other hemp-derived products. It legalized hemp and defined hemp as having less than 0.3% concentrations of delta-9 THC.
Recent Concerns and DEA Rules
In late 2020, there was some concern that the federal government was making Delta 8 THC illegal due to clarifications that the DEA issued regarding the definitions of marijuana and hemp. The clarification that concerned activists and cannabinoid enthusiasts is that any THC that is synthetically derived is a controlled substance.
The question was whether Delta 8 THC is considered synthetic. Based on the interpretation of this law, however, that is not a concern. Delta 8 THC is natural, as it occurs naturally. The various Delta 8 THC products on the market simply extract it from its natural occurrences to increase its concentration.
However, one important note is that this clarification does mean that Delta 8 THC made synthetically is illegal. This is not a big concern because most Delta 8 THC is naturally produced. It is the extraction process that increases its concentration.
Legality in Wisconsin: A Closer Look at the Laws
Wisconsin law has legalized hemp and all of its cannabinoids, derivatives, and isomers. It also legalized all of the tetrahydrocannabinols in hemp, except delta-9 THC.
Chapter 94 of Wisconsin legislation focuses on the plant industry. The relevant code is in 94.55, where Wisconsin defines hemp. This definition is in line with that of the federal government.
Hemp is the plant or any parts of it, including acids, isomers, extracts, and derivatives. Specifically, it is these substances as long as their delta-9 THC concentration remains under 0.3% or up to 1% if that is legally allowed.
This is an interesting variation from the laws in most other states and at the federal level. Currently, the federal government only allows concentrations of up to 0.3% of delta-9 THC. However, the way Wisconsin law is written, if the federal government increased the legal limit, that new legal limit would also apply to Wisconsin state law, as long as it remained under 1%.
Another interesting point is that Wisconsin explicitly excludes prescription drug products that are FDA-approved from the definition of hemp.
Chapter 961 is the Uniform Controlled Substances Act. This section of Wisconsin law defines marijuana as all parts of the Cannabis genus plants, including seeds and compounds derived from it. However, it does not include fiber from mature stalks, cake or oil from the plant’s seeds, or products and derivatives made from the mature stalks (minus the resin), cake, oil, or fiber. It also explicitly excludes hemp from the definition of marijuana.
This section of the same Chapter of the Wisconsin code defines tetrahydrocannabinols that are illegal and classified as marijuana. It mentions that this definition of tetrahydrocannabinols does not include the tetrahydrocannabinols in hemp, which is a category that Delta 8 THC falls into.
What It Means for You
Between the federal law and the Wisconsin state laws, it is legal for you to enjoy Delta 8 THC. For it to be legal, it must contain less than the legal threshold of delta-9 THC and cannot be synthetically produced. Nearly all Delta 8 THC products meet these requirements.