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Delta 8 > Delta 8 THC… it’s pretty new, but is Delta 8 legal in Wisconsin, the Cheese State?

Delta 8 THC… it’s pretty new, but is Delta 8 legal in Wisconsin, the Cheese State?

November 19, 2021

is delta 8 legal in wisconsin
Table of Contents

If you’re planning on visiting Madison, Devil’s Lake Park, or any other part of this beautiful state and getting your cheese fix on… you may be wondering, “Is Delta 8 legal in Wisconsin”? Well, guess what, Uff-da…it IS! 

As we come to 2022, it’s easy to see how many different products are coming onto the market in all categories. The cannabis products market is no different!

What was once illegal, AKA “marijuana” or any hemp-derived product that contains Delta 9 THC, is now getting through legislation and becoming legal for consumers in many states. Whether it be passed in a state bill for medicinal Marijuana or federal law through the 2018 Farm Bill, THC is becoming more “standard,” as we learn how THC can be extracted from industrial hemp plants.

Besides Marijuana products, there are now different strains and derivatives of THC because recent years focus on the plant Cannabis Sativa L, aka Hemp. Delta 8 THC or Delta 10, or even CBD products, now allow the consumer to gain all the benefits of this compound to enjoy legally with the risk or a legal gray area. However, each state can differ, so you have to be careful and do your homework!

Let this article serve as a few tidbits about it and Wisco that you should probably know about the legal status of this Delta 8 THC (TetraHydroCannabinol) product, as well as other THC or hemp products in Wisconsin.

We hope to help drop some knowledge on you now you have found your way to this post and get you up to speed on some topics surrounding this substance.

The legal status surrounding Delta 8 THC is constantly changing. We always strive to do our best to give you the most updated information. We recommend that you always check your current state- or even federal law before purchasing any hemp-derived products (CBD, THC) in Wisconsin. The data in this post is not intended as legal advice nor to diagnose, treat or give any medical advice. In any event, do your due diligence and always seek your doctor’s advice, especially do if you are in doubt or are currently taking any prescription medications. Safer than sorry is always a great idea on new products.

Main Points

  • Products exceeding 0.70% Delta 9 THC, known as Marijuana or “weed,” are NOT legal; however, Delta 8 THC is legal.
  • You can purchase CBD and legal hemp-derived products with up to 0.70% Delta 9 THC, which is quite unusual for a state to accept anything over 0.30% total dry weight.
  • Delta 8 THC products are available in stores, and head shops, as well as gas stations all around town!
  • Delta 8 THC products can be found in various stores around How potent are and how long do the effects of Delta 8 THC last?
  • Consuming Delta 8 and Full spectrum products offers various health benefits.

So, point blank, is THC legal in Wisconsin?

Not ALL THC variants have legal status in Wisconsin! Here’s why…

The state law of Marijuana or high THC plants, not Hemp (plant Cannabis Sativa L,) states that plants with 0.7% Delta 9 THCis prohibited, thus currently illegal for recreational use. Only pharmacies located within hospitals are eligible to receive the Marijuana for distribution.

Wisconsin has some pretty strict penalties, including up to 6 months in prison and a $1000 fine on a first offense. Any second offense for Marijuana or high THC plants is considered a felony, with up to 3 1/2 years in prison and a whopping $10,000 fine for Cripe’s sake! This may change in the future, but that’s the way the Wisconsin state law reads now.

However, it is MUCH different for regulations regarding Delta 8 THC. The state officials voted to allow Delta 8 THC to be purchased in Wisconsin, following the 2018 Farm Bill by the US Food and Drug Administration (FDA). The US Senate established federal law and legalized hemp and cannabis derivatives across the country, as long as concentrations stay within a specific limit. This is not to say it was a movement to decriminalize medicinal Marijuana but to set the regulations for the nation.

According to the Wisconsin state legislature, 961.32(3)(b)4r., the maximum limits for industrial Hemp must not exceed 0.7% tetrahydrocannabinol (Delta 9 THC) by total dry weight. Great news for those who like Delta 8 THC, or for the individuals who have tried it before, and those who want to enjoy full-spectrum products that do have a small amount of Delta 9 THC derived from Hemp. 

For those looking for CBD products for sale, you can continue finding them in various local stores or online.

CBD has been legal in Wisconsin since 2014, under Lydia’s Law (previously known as the Wisconsin Act 267). This is applicable for all types of CBD, including plant form, oils, gummies, etc.

So, as you can see, there are different rules set forth by Wisconsin state legislation regarding the various forms of THC and if THC is legal or not.

Okay great, I can consume Delta 8 THC, but what exactly is it?

In a nutshell, Delta 8 THC is a type of psychoactive ingredient found in the cannabis plant, and it’s what makes users get that “high” feeling. You can enjoy the same effects as Delta 9 with a few added perks. It can cause you to have an increased appetite, euphoria, and pain relief, all while being sedated and feeling mellow.

Delta 8 THC is a lower psychoactive version of Delta 9 that doesn’t have strong binding to the CB1 receptors in our brain. However, research shows it can still help with relief and anxiety and be useful for medical purposes such as pain management or other related symptoms. (1)

Delta 8 THC has less potent than Delta 9, making this product ideal if you want an even balance between mental relaxation and a body high. This makes it popular among medical marijuana consumers looking for alternatives who want something less intense but still effective. Many other groups have found great interest in this newer tetrahydrocannabinol because of its less psychoactive potency but strong benefits.

When it comes to extracting Delta 8 THC, you can only do it in a few ways. First, it can be derived from within the trichomes of female cannabis plant parts and must come from processing hemp plants, but it is only in minimal amounts here. Therefore, what most are now gravitating too, is converting hemp-derived CBD into Delta 8 THC.

Overall, the effects of Delta 8 THC are similar to those experienced with cannabis, including heightened appetite and euphoria. It may also assist with pain relief and sedation, among other things, so give it a try!

I DO want to try Delta 8 THC in Wisconsin! Where can I purchase it?

The good news is since there is no ban, it isn’t tough to find Delta 8 THC in Wisconsin. Delta 8 THC and hemp-related products can be found pretty much everywhere. They’re on sale and available at dispensaries, various vape stores, and head shops, as well as gas stations all around town!

As with any product, it is always encouraged to research where you are buying products, and Delta 8 THC is no different. You should use reviews, recommendations, and other means to determine if the companies you are buying your Delta 8 THC cannabinoid from are legitimate establishments.

Of course, there’s no need to drive around looking for places where Delta 8 THC is sold in Wisconsin. You can order it online!

Yes, it is legal to access via the internet from several reputable online companies. Not only are most of these companies knowledgeable of Delta 8 THC and other THC derivatives, but some will have their products evaluated, tested and the results will be posted right on the website! That way, you can see exactly what you are getting and how “pure” it is.

Besides our Delta 8 THC products, because the law state you can enjoy any hemp-derived products with up to 0.7% Delta 9 THC, you safely can purchase our other THC products such as our Delta 9 Gummies which come in our THC Gummies 2-packs. A great way to try our different THCs is to see which works best for you and your body.

How long do the effects of Delta 8 THC last?

Some companies will offer different purity of Delta 8 THC. Make sure your Delta 8 product is pure as it should be and free from any solvents of any kind. That said, its effects can last up to eight hours…so don’t overdo it when trying it!

Like any potent compound, you should take moderate amounts and learn your tolerances. Delta 8 comes in different dosages, usually given in milligrams (MG), so use this to determine how much you should be taking.

Of course, if you are taking Delta 8 THC to assist with pain or discomfort, taking this type of compound at night is suggested. That way, you aren’t operating any vehicles, endangering anyone else’s safety nor your own, and the focus is to get a deep night’s sleep, so your body can truly relax and reset.

If the required dosage is a little “strong” for your needs, at least you will be in the comfort of your own home. In this case, the body high you will be getting will help you sleep like a baby!

Are there any specific health benefits that I get by using Delta 8?

As mentioned a bit before, Delta 8 has very similar benefits to the standard Delta 9 since it comes from the same plant or seeds within. It has been known to help with nausea and vomiting. This can be highly beneficial for those unfortunate individuals that need help with nervous stomachs.

On the opposite side of the coin, it can help those who need help boost their appetite.

It has been discovered to aid in neuroprotection also. This involves increasing chemicals in the brain, like choline and acetylcholine. Both have proven helpful in the treating of neurodegenerative disorders (Alzheimer’s and Parkinson’s Disease). (2)

It also helps inhibit the release of adenylyl cyclase, in conjunction with balancing chemicals of the central nervous system like calcium and potassium. (3)

Along with reducing stress or increasing euphoria during the day, those who have trouble sleeping can also get some Delta 8 help here. It has been known to assist with restlessness, sedation, and insomnia to aid in getting the rest we all need, which is also what most people use it for.

For those of you with physical pains and ailments, Delta 8 could be a great alternative. The research indicates it supports relieving chronic pain and the anti-inflammatory properties that regulate neurons and hormones, which transmit our feeling of pain and discomfort.

Saving the best for last, one final brain-related aid is that Delta 8 helps promote neurogenesis, forming new neurons, which will help increase cognitive functioning in the brain! (5)

With all these benefits, it’s no wonder this product has such a buzz!

delta 8 wisconsin

Final Thoughts

The 2018 Farm Bill from the Food and Drug Administration (FDA) has opened the door for Delta 8 THC products in Wisconsin and other hemp-derived products containing up to 0.7% Delta 9 THC, which is unusual for most states. The same goes for CBD products. Learn more about Delta 8 in other states here.

You’ll find various places that sell these products, and you can get them both in-store locations and online through internet brands.

More and more people are trying these types of products, whether for recreation or its benefits, to help with specific ailments. As it becomes more popular and more companies jump on this great product, it will become more widespread.

So, if you are headed to one of their beautiful lakes, to the Capitol City, or maybe catching the Packers at Lambeau Field on a Sunday for some football, give Delta 8 a go! Check all our Delta 8 THC products here, or if you want something that also offers a variety of cannabinoids, many gravitate to, especially our full-spectrum products.

2018 Hemp Farming Act: H.R.5485 – 115th Congress (2017-2018): Hemp Farming Act of 2018 | | Library of Congress
Wisconsin Legislative Council July 2021 Brief on Delta 8
The Cannabinoids Δ 8 THC, CBD, and HU-308 Act via Distinct Receptors to Reduce Corneal Pain and Inflammation

Follow Up

Frequently asked questions

What is the legal age to buy Delta 8?

Most retailers and stores require you to be 21 when purchasing Delta 8 THC and other hemp-derived THC and CBD products. However, each state will differ, as each doesn't have the same laws, so you should check each one individually for the state law and rules set.

Will Delta 8 show up on a drug test?

YES! Since Delta 8 is a THC compound, it will trigger a positive drug test. However, other products like CBD with no traceable THC or low amount THC products from full-spectrum products should be a different story.

Is there any consumer protection for individuals when buying Delta 8 products?

Delta 8 THC products have not been evaluated or approved by the FDA for safe use and may be marketed in ways that could put public health at risk. This could range from variable Delta 8 THC concentrations; non-standardized formulations with misleading labeling. We always suggest you look at the manufacturer's testing of their products, AKA Certificate of Analysis (COA), to ensure that what they are selling is legitimate.

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