Is Delta 8 THC legal in Wisconsin?

If you live in Wisconsin and are looking to purchase Delta 8, we have good news for you!


If you've ever wondered "Is Delta 8 Legal?", the answer is yes. Since both hemp laws in Wisconsin are parallel to federal laws and regulations Delta 8 THC products are readily available and you can easily buy and sell Delta 8 THC in Wisconsin.


This news is even sweeter since Wisconsin is a state where recreational and medicinal marijuana is illegal. Delta 8 THC and other hemp derived products give cheeseheads some options in a state with limited cannabis laws.


Let's dive right in and take a look at the legal stance that Wisconsin has taken in regard to Delta 8 THC and review some of the best places to buy high-quality Delta 8 products.


Is Delta 8 legal in Wisconsin?

Is Delta 8 legal in Wisconsin?

Yes, Delta 8 THC is legal for Wisconsin residents to use, possess, sell, distribute, produce, and manufacture in the badger state.


How is this so? This is because Wisconsin state law and federal law surrounding industrial hemp are aligned ever since the passing of the Agriculture Improvement Act, often referred to as the 2018 Farm Bill. This piece of federal legislation allows hemp and hemp derivatives to be used and sold at the federal level.


Delta 8 legislative history in Wisconsin

Under WI Stat § 94.55, Wisconsin law defines legal, state-compliant hemp as "any part of the cannabis plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers of hemp, acids, salts, and salt of isomers, whether growing or not, with delta-9-tetrahydrocannabinol concentration of not more than 0.3%."


In addition, there is even more clarification through Chapter 961 of Wisconsin's Uniform Controlled Substances Act, specifically section 961.14 “Schedule I”, which makes no reference to hemp-derived cannabinoids like Delta 8 or any other form of THC being illegal within the state.


This should clear up any legal gray area, only tetrahydrocannabinol derived from marijuana is considered a controlled substance in the state. However, that doesn't mean that Wisconsin lawmakers won't attempt to ban or limit its sale through local governments ordinances in the future.


Where to buy Delta 8 in Wisconsin

Where to buy Delta 8 THC in Wisconsin?

Even though you can find Delta 8 in many major cities in Wisconsin such as Madison, Lacrosse, Green Bay, and Milwaukee, many choose to bypass their local vape shop and instead buy online, having their products shipped to their door. Not only is buying Delta 8 online easier, but it is also cheaper and gives you far more options, allowing you to fully vet and find a reputable retailer.


Truth be told, there are a lot of low-quality and shady companies selling Delta 8 in Wisconsin today. You should be cautious of convenience stores, head shops, gas stations, and some vape shops selling subpar quality products.


Quality and transparency should be paramount when shopping for anything that you will be putting in your body. Everyday Delta not only believes this, but we are committed to vetting every single vendor we carry to prevent low-quality, contaminated, improperly labeled, or dangerous cannabis products from ever ending up in customers hands.


You also have the ability to preview every third-party lab report to confirm the products you are buying are pure, safe for consumption, and meet all federal legal requirements. These test results give protect consumers and give peace of mind that the products you are consuming does not contain harmful chemicals and by-products such as vitamin e acetate.


Here is a quick recap of some of the benefits of buying Delta 8 online:


  • Better Pricing and Discounts

  • Rewards Programs to save even more

  • Most Convenient

  • Better Product Variety

  • Fresh Products


Just remember to be familiar with your state and local laws regarding hemp-based products in your areas. For those in Wisconsin, you are free to order Delta 8 and have it shipped directly to your door.


Which product types are not legal in Wisconsin?

Federal and state laws prevent all marijuana-derived THC. Since Delta 8 THC does occur naturally in both marijuana and hemp plants it is important to know that only Delta 8 THC derived from hemp is legal. Because of this, both federal and state legislature only allows the use and sale of THC products that are derived from hemp.


What differentiates marijuana from hemp is the Delta 9 THC concentration it contains. In order for Wisconsin farmers to consider their crop as industrial hemp the cannabis plant must contain less than 0.3% Delta 9 THC on a dry weight basis.


Is Recreational Marijuana Legal in Wisconsin?

Recreational marijuana is illegal in Wisconsin, and they take that very seriously. The possession of any amount is punishable by up to 6 months in jail along with a $1,000 fine for first-time offenders.


Second time offenders can look forward to their crime being considered a felony offense which comes with up to 3-5 years in jail and a maximum fine of up to $10,000.


Regardless of these harsh penalties, each individual county and city has the ability to come up with its own local regulations. Some of which have even decriminalized the possession of small amounts of cannabis, usually in quantities of up to 25 grams which is considered personal use amounts.


Even big cities such as Madison have a no-arrest policy for marijuana possession. Basically, decriminalization trades harsh jail times for fines only. At the end of the day that still doesn't change the fact that marijuana is still considered federally illegal, making Delta 8 a very attractive option.


Is medical marijuana legal in Wisconsin?

Is Medical Marijuana Legal in Wisconsin?

Believe it or not, medicinal marijuana is legal in Wisconsin. Unfortunately, not quite in a way that is all that you would expect or that is all that useful for many. If you do have a qualifying condition, you are allowed to use non-psychoactive low-THC marijuana oil. Essentially that is CBD oil that has up to an allowable 1% THC.


Qualifying conditions for medicinal marijuana include seizure disorders and any medical condition for which a physician recommends it for. This shows that Wisconsin continues to lag behind many other states on their progress of legalizing medical marijuana to a level that many other states have.


The history of the DEA's view of Delta 8 THC in Wisconsin

The history of the DEA's stance on Delta 8 THC has not always been in favor of keeping Delta 8 legal. In September of 2020, the DEA issued an Interim Final Rule covering the legal status of synthetic THC. The stance the DEA took is that they believe all synthetically derived THC should be considered an illegal controlled substance and therefore remain on the Controlled Substances Act.


Even though Delta 8 THC is a naturally occurring cannabis chemical, Delta 8 THC is a minor cannabinoid making up only 1% of the cannabis plant. Being that it is found in such small quantity's producers must convert it from CBD in a chemical process using specialized chemicals under lab conditions. Because these products are technically chemically synthesized, some view them as being man-made or therefore synthetically produced.


Others such as the Wisconsin Legislative Council are unclear on how to view Delta 8 and if the process has anything to do with whether or not Delta 8 THC is considered synthetic. Others argue that since CBD is found and extracted naturally from the hemp plant, Delta 8 should is not a man-made cannabis chemical and is therefore not a legal loophole at all.


What does the future of Delta 8 THC look like for Wisconsin?

With constantly evolving laws, what is locally, and federally legal today might not always be legal in the future. However, for cannabis users in Wisconsin the future of hemp looks bright. There is currently no upcoming state legislation that could alter the legality of Delta 8 THC.


Our view is that the future of Delta 8 THC and the cannabis industry as a whole is dependent on resellers selling only high-quality Delta 8 products backed with lab reports that fall in compliance with federal law. Failure to do this will likely hurt the hemp industry and result in posing a public safety concern which will spark further regulations and restrictions.


Delta 8 faq

Frequently Asked Delta 8 Questions?

Is Delta 8 legal in Wisconsin?

Yes, Delta 8 THC is legal in the eyes of the state and federal law as long as it is derived from hemp plants and contains no more than .3% Delta 9 THC on a dry weight basis.


Is CBD legal in Wisconsin

Yes, similar to how Delta 8 THC is legal in Wisconsin state law, this non intoxicating chemical derived from hemp shares the same legal status. The exception to this would be any CBD products derived from marijuana.


Can you pass a drug test with Delta 8 in Wisconsin?

No, because Delta 8 THC is a form of THC. THC metabolites will be present in your body when using Delta 8. Standard drug tests do not differentiate between THC that is legally derived from hemp or THC derived from marijuana.


Can you travel to Wisconsin with Delta 8?

Because state law allows the use and possession of Delta 8, you can travel to and within the state with Delta 8 legally as long as the products are hemp derived. You cannot travel to or possess marijuana or marijuana derived THC while in Wisconsin.


Is possession with Delta-8 a felony in Wisconsin?

No, hemp derived Delta-8 THC in Wisconsin remains fully legal in both state and federal law ever since the passing of the 2018 Farm Bill.


You should keep in mind that police officers may have a tough time indicating whether or not some products are actually legal Delta 8. It is in your best interest to keep all products in their original packaging which should include a QR code to lab testing, proving that product is in fact a federally compliant hemp product.


What happens if I get pulled over in Wisconsin with Delta-8?

While Delta 8 THC is legal in Wisconsin, you should not drive or operate a vehicle while under the influence. Doing so may result in prosecution.


Final Thoughts, Delta 8 in Wisconsin

It didn't take long for Delta 8 to skyrocket in popularity and become mainstream. At roughly 50% the potency of Delta 9 THC and an even lower risk of unwanted side effects such as anxiety and paranoia, hemp products like Delta 8 THC have quickly become a favorite among both beginners and sensitive cannabis users.


Delta 8 THC products are best to be bought through a reputable online store. Companies like Everyday Delta are here if you want to ensure you are getting top-tier quality hemp products at affordable prices.


Enjoy buying and using Delta 8 THC in Wisconsin!



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