Is Delta-8 THC Legal in Wisconsin?

State law permits delta-8 THC in Wisconsin, but for how long?

Hemp Delta-8 flower grown in Wisconsin
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The use, possession, sale, distribution, production, and manufacturing of delta-8 THC is legal in Wisconsin. Why? Because state law falls in line with the 2018 Farm Bill, a piece of federal legislation permitting hemp products and hemp-derived cannabinoids.

Is delta-8 legal in Wisconsin?

  • Hemp-derived delta-8 THC is legal in Wisconsin
  • Marijuana-derived delta-8 remains illegal
  • You can purchase hemp-derived delta-8 products online and in retail stores
  • You can bring delta-8 into the country across state borders, provided it’s sourced from hemp and not marijuana
  • CBD and delta-10 THC is also legal in Wisconsin
  • The federal government is currently addressing the federal legality of delta-8 — Wisconsin may ban it under state law if the DEA rules it a controlled substance

The legislation surrounding delta-8 in Wisconsin

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

Furthermore, under Chapter 961 of Wisconsin’s Uniform Controlled Substances Act, section 961.14 “Schedule I” makes no reference to hemp-derived delta-8 or any other THC variant being illegal within the state. Only tetrahydrocannabinols derived from marijuana are state-controlled substances. 

Therefore, under state law, delta-8 THC is currently legal and in line with federal law. 

Is medical or recreational cannabis legalized in Wisconsin? 

No. Despite several legislative attempts, medical or recreational cannabis is not legalized in Wisconsin. The use, possession, sale, distribution, production, and cultivation of cannabis carrying above the legal 0.3% THC limit is not permitted anywhere in the state. Therefore, delta-8 derived from marijuana is not allowed within the state. 

If caught with marijuana in Wisconsin, it’s a misdemeanor punishable by up to six months in prison alongside a $500 fine (first-time offense). Subsequent offenses can see you in jail for up to 3.5 years with a possible $10,000 fine. 

In Milwaukee County, penalties are reduced to $1 plus court fines if found in possession of 25 grams or less (first offense). If caught for the second time, you’re hit with a similar punishment but can lead to state penalties, which are significantly harsher (depending on the quantity). 

Related: Delta-8 vs. Delta-9 THC: What’s the Difference?

Buying delta-8 in Wisconsin

Hemp-derived delta-8 gummies
Hemp-derived delta-8 gummies are legal to buy in Wisconsin.

You can purchase delta-8 products through licensed online and retail stores located all across Wisconsin. Most physical stores selling delta-8 products are CBD dispensaries, vape shops, and head shops. You can also find delta-8 products in gas stations and convenience stores but we don’t recommend these as their safety and legitimacy cannot be 100% verified. 

If you don’t live near a physical store selling delta-8 products, no problem. Online vendors ship to all addresses where delta-8 THC is legal, which includes Wisconsin. 

For specific product recommendations, you can check out our comprehensive list of the best online delta-8 brands and products. If you decide to pick up a delta-8 cart, make sure the company tests for vitamin E acetate, pesticides, and heavy metals. Many of the delta-8 carts on the market have lead, arsenic and other heavy metals that you don’t want in your lungs. Buy from credible brands. We have seven recommendations for the best delta-8 THC vape cartridges that you can check out.

What type of delta-8 is legal in Wisconsin? 

Delta-8 derived from hemp is perfectly legal in Wisconsin but under certain conditions. The hemp must meet the rules and regulations outlined in the 2018 Farm Bill, which clearly states each hemp variety must carry up to the legal 0.3% THC limit. 

Related: Does Delta-8 Show Up in a Drug Test?

If a company sells delta-8 products derived from marijuana containing above 0.3% THC, it’s in breach of state and federal law. Likewise, purchasing, possessing, and using marijuana is also against state and federal law. 

Is it legal to produce delta-8 in Wisconsin? 

Yes. It’s perfectly legal for companies or individuals to produce delta-8 and delta-8 products derived from legal hemp within the State of Wisconsin, provided the product or hemp extract carries no more than 0.3% THC by dry weight. 

Can you travel to Wisconsin with delta-8?

Yes. You can travel to and from Wisconsin with hemp-derived delta-8 products in your possession. However, we advise you don’t cross the border into Ohio or Illinois with any delta-8 products. Ohio has banned delta-8. Illinois is currently reviewing its legal status. 

Is delta-10 legal in Wisconsin? 

Yes. Hemp-derived delta-10-tetrahydrocannabinol (delta-10 THC) is legal in Wisconsin under state and federal law. You can use, possess, sell, distribute, and produce delta-10 products derived from hemp carrying no more than 0.3% THC without fear of penalty or prosecution. 

Is CBD legal in Wisconsin? 

Yes. CBD is legal and protected under state and federal law, provided it’s derived from varieties of hemp carrying no more than 0.3% THC by dry weight. If the quantity of THC is higher than 0.3%, state and federal law immediately categorize hemp as high-THC marijuana, which is a controlled drug as outlined in the federal Controlled Substances Act.  

Upcoming delta-8 legislation in Wisconsin

There’s currently no upcoming state legislation aiming to change delta-8’s legality. We’ve seen no press conferences, press releases, or reports from state officials suggesting delta-8 could be prohibited in the future. 

However, the federal government and the Drug Enforcement Agency are clamping down on delta-8 THC, believing it to be a synthetically-derived substance belonging under Schedule I of the Controlled Substances Act. 

If this is the case, delta-8 could be made federally illegal across the United States. Delta-8’s federal legality is being called into question and it doesn’t look great. 

Related: Where is Delta-8 Available to Legally Buy

The future for delta-8 in Wisconsin

Currently, delta-8 THC products are perfectly legal to buy in Wisconsin. There doesn’t seem to be any attempt from state officials to ban it despite growing federal government and DEA pressure. 

Unfortunately, the pressure from the feds is real. Several US states have already pre-emptively banned delta-8. Will it happen in Wisconsin? Only time will tell. Until then, enjoy your delta-8 products and hope all stays legal.