Is Delta-8 Legal in Wisconsin?


Is Delta-8 Legal in Wisconsin?

Yes. Although there are no specific laws referencing the legality of Delta-8 THC in Wisconsin, its legal status derives from the loophole in the 2018 Farm Bill and the alignment between state law and federal law regarding industrial hemp.

The 2018 Farm Bill legalized hemp and hemp-derived products, provided they contain no more than 0.3% Delta-9 THC. Delta-8 is classified as a minor cannabinoid and is found in hemp. Per Section 94.55 of Wisconsin Statutes, the state defines hemp as any cannabis plant part, including its derivatives, cannabinoids, isomers, or extracts, whether growing or not, with Delta-9 THC concentration of not more than 0.3%. Also, in Chapter 961 of the state's Uniform Controlled Substances Act, no reference is made to hemp-derived cannabinoids like Delta-8 THC as being illegal in Wisconsin. Only THC derived from marijuana is considered a controlled substance in Wisconsin.

Although there are no specific state laws in Wisconsin limiting the types of Delta-8 THC products that cannot be sold. Since the 2018 Farm Bill, Wisconsin residents have been able to purchase Delta-8 THC products as they have become increasingly popular and can be readily purchased at convenience stores and vape shops.

You can have Delta-8 THC products shipped from other states. However, note that some states have strict Delta-8 regulations in place. Hence, it is recommended that you are aware of the regulations of the state from which you are purchasing Delta-8 THC products.

Delta 8 Laws in Wisconsin

  • 2017: Wisconsin establishes the hemp pilot program through Act 100. This legislation included language that could be interpreted as legalizing Delta-8 THC in certain cases, particularly by defining hemp as including any part of the Cannabis sativa plant as long as Delta-9 THC content remains below 0.3%
  • 2019: Senate Bill 188 was passed in 2019, creating an exemption to the state's Controlled Substances Act for hemp. This marked the establishment of the permanent hemp program in Wisconsin. The bill expanded hemp's definition to include hemp seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not. This definition clarified that all cannabinoids, including Delta-8 THC, are encompassed within the legal definition of hemp
  • 2021: The Wisconsin Legislative Council published an Issue Brief regarding the legal status of Delta-8 THC. The brief concluded that naturally occurring Delta-8 THC extracted from hemp is likely not controlled by federal or state law. However, it also notes that if the process of converting Delta-8 THC from hemp-derived CBD is synthetically derived or chemically synthesized, it would classify as a Schedule I substance under federal and state law. The brief highlights the need for further regulatory or legislative clarification

What Is Delta-8 THC?

Delta-8 THC is an isomer found in cannabis. It is a psychoactive substance, producing intoxicating effects in users. However, it is less potent compared to Delta-9 THC, which is the main psychoactive cannabis compound. Delta-8 THC is found naturally in the cannabis plant in low concentrations and is often produced synthetically from hemp-derived cannabidiol. Delta-8 THC products can be found as gummies, tinctures, vape pens, and edibles. Although the effects of Delta-8 THC and Delta-9 THC are similar, the former's are less intense. Delta-8 THC can produce feelings of relaxation, euphoria, and increased appetite. Users typically consume Delta-8 THC products for relief from pain, nausea, anxiety, and insomnia. It can also be used for appetite stimulation. Its side effects include paranoia, anxiety, and dry mouth.

Delta-8 vs. Delta-9

Delta-8 THC and Delta-9 THC are two different cannabinoids found in cannabis plants. Delta-9 THC is the most common and popular cannabinoid, and it is responsible for the psychoactive impacts of cannabis. Delta-8 THC is a less potent form of THC, and it produces milder psychoactive effects compared to Delta-9.

Delta-8 THC is found in higher concentrations in hemp than Delta-9 THC, while Delta-9 THC is found in higher concentrations in marijuana than Delta-8 THC. Delta-8 THC can be extracted from hemp-derived CBD, while Delta-9 THC is commonly extracted from marijuana.

Delta-8 THC and Delta-9 THC have similar effects on users, but Delta-8 THC's effects are less intense. This means that Delta-8 THC is less likely to cause adverse effects such as anxiety and paranoia.

Cannabis users looking for milder psychoactive experiences prefer Delta-8 THC, as anecdotal evidence suggests users are less impacted even in work environments. However, users wanting to consume cannabis for relaxation or stronger psychoactive effects prefer Delta-9 THC.

Delta-8 vs. Delta-10

Delta-8 THC and Delta-10 THC are different cannabinoids found in cannabis. Both cannabinoids occur in trace amounts in hemp but can be synthesized from cannabidiol. Delta-10 THC is a newer cannabinoid with lesser research on its effects and safety compared to Delta-8 THC. However, anecdotal evidence suggests Delta-10 THC offers uplifting and energizing effects, compared to Delta-8 THC, which provides relaxing and calming effects. Also, Delta-8 THC is considered to be more potent than Delta-10 THC.

Note that Delta-8 THC and Delta-10 THC have psychoactive properties, meaning that intoxicating effects may still be experienced at high dosages. Delta-8 THC's effects are closer to Delta-9 THC than Delta-10 THC.

How Long Does Delta-8 Stay in the Body?

Delta-8 THC is metabolized in the body in a manner similar to Delta-9 THC. After ingestion, it undergoes a series of chemical transformations, primarily in the liver. These transformations convert Delta-8 THC into various metabolites, including 11-OH-THC and Delta-8-THC-COOH. These metabolites are further processed and eventually eliminated from the body through urine and feces.

The duration of a Delta-8 THC high can vary from person to person based on factors such as individual tolerance, dosage, and method of consumption. Typically, users report that the effects of Delta-8 THC are milder and shorter-lasting than those of Delta-9 THC. A Delta-8 THC high may last anywhere from 2 to 6 hours, with the peak effects occurring within 30 minutes to 2 hours after consumption.

The length of time Delta-8 THC remains detectable in bodily fluids or samples varies depending on the specific fluid, the frequency of use, and the sensitivity of the drug test. However, approximate detection times for Delta-8 THC in the body are as follows:

  • Blood: Delta-8 THC is typically detectable in blood for a relatively short period, usually up to 48 hours after use
  • Hair: Hair follicle tests have a more extended detection window and can detect Delta-8 THC use for up to 90 days or more, depending on the length of hair sampled
  • Urine: Delta-8 THC metabolites can be detectable in urine for up to 7 days or longer in frequent users. However, for infrequent users, it may be detectable for a shorter period, often around 72-96 hours
  • Saliva: Delta-8 THC can be detected in saliva for a relatively brief period, typically up to 48 hours after use

Note that the form of Delta-8 THC products consumed, such as vapes, gummies, or tinctures, may influence the rate at which Delta-8 THC is absorbed and metabolized in the body. Products with faster absorption rates may have a quicker onset of effects but a shorter overall duration. However, the variation in detection times across forms is relatively minimal, with the primary factors being frequency of use and individual physiology.

Does Delta-8 Show Up on a Drug Test in Wisconsin?

Most drug tests are unable to differentiate Delta-8 THC, Delta-9 THC, and Delta-10 THC. They only detect THC metabolites. Hence, if you test positive for THC on a drug test, it is unlikely to be able to detect which type of THC you used.

Delta-8 THC can cause you to fail a drug test, such as tests conducted using urine, blood, swabs, and hair samples. Most drug tests screen for THC metabolites, which are the products obtained from the breakdown of Delta-8 THC.

What Happens if You Get Pulled Over with Delta-8 in Wisconsin?

The legal ambiguity surrounding Delta-8 THC in Wisconsin may complicate matters if you are pulled over while under the influence of the substance or suspected of carrying a substance resembling marijuana. Delta-8 THC products often closely resemble marijuana products, which can present challenges for law enforcement officers attempting to differentiate between them. Note that Delta-8 has the potential to impair motor skills, reaction time, and cognitive abilities at high dosages.

In such situations, law enforcement officers may employ various methods to detect the presence of THC in your system. They may request a field sobriety test, including physical and cognitive assessments. Additionally, blood tests and urinalysis may be administered to confirm the presence of THC metabolites in your body.

If you are only arrested for possession and not driving under the influence, any charges will likely be dropped once the substance is confirmed not to be a controlled substance. However, it is advisable to store Delta-8 THC products in their original packaging to distinguish them and to avoid consuming Delta-8 THC products while driving in order to mitigate potential issues with law enforcement officers.

Where to Buy Delta-8 in Wisconsin

There are no specific state laws prohibiting the sale or manufacture of Delta-8 THC products in Wisconsin. Hence, residents can purchase Delta-8 THC products at a variety of retail locations, including CBD shops, vape shops, and gas stations. However, many buyers purchase Delta-8 THC from online retailers. Online shopping is a convenient method of purchasing Delta-8 THC products for buyers as it allows them to make their purchases from the comfort of their homes. Retailers in Wisconsin typically sell Delta-8 THC products to buyers over the age of 21.

Ready to Buy Delta 8 Products?

Click the button below to begin exploring our Delta Product Selection Guide and find the perfect option for you.
Let’s Get Started

Are You Looking to Purchase Delta 8 Products?

Click the button below and get started on our Delta Product Selection Guide.
Let’s Get Started
In this section: