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Key Takeaways:

  • Delta-8 THC is a cannabinoid derived from hemp and is a legal and less psychoactive alternative to delta-9 THC.
  • There are no specific laws or regulations addressing the legality of Delta-8 THC in Wisconsin.
  • Understanding the specific regulations in Wisconsin is essential to ensure compliance and avoid potential legal issues.

What is Delta-8 THC?

Delta-8 THC is a cannabinoid derived from the hemp plant, which is a legal and less psychoactive alternative to delta-9 THC found in recreational marijuana. Delta-8 THC has gained popularity in recent years due to its unique properties. While it shares a similar molecular structure with delta-9 THC, it has a slightly different double-bond arrangement. This difference in structure results in delta-8 THC having fewer psychoactive effects, making it a preferred option for sensitive cannabis users. Delta-8 THC can be found in a variety of hemp-derived products, including vape cartridges, edibles, and tinctures. It is important to note that the legal status of delta-8 THC varies from state to state, so it is crucial to ensure that any delta-8 products you purchase are legal and state-compliant.

Seal of WisconsinLegal Status of Delta-8 THC in Wisconsin

The legal standing of Delta-8 THC within Wisconsin remains a topic marked by ongoing debate and a lack of clarity. At present, the state lacks specific laws or regulations that directly address the legality of Delta-8 THC.

In accordance with federal mandates, Wisconsin adheres to regulations concerning hemp and its derivatives. The 2018 Farm Bill federally legalized hemp, defining it as cannabis containing less than 0.3% Delta-9 THC on a dry weight basis. Nonetheless, this legislation does not provide explicit guidance regarding the legal status of Delta-8 THC, which stems from hemp. Making the sale and possession of Delta-8 products lawful in Wisconsin, under the condition that these products are derived from hemp and uphold a THC content of less than 0.3%.

Divergent viewpoints have arisen regarding the classification of Delta-8 THC. Some contend that it falls within the purview of hemp’s definition and thus should be lawful for sale, possession, and consumption in Wisconsin, given that it conforms to the federally established THC concentration limit. Conversely, others assert that Delta-8 THC’s psychoactive nature necessitates its treatment as a controlled substance.

For more information about Wisconsin’s legal statutes, refer to: External Link.

While the federal Food, Drug and Cosmetic Act prohibits the inclusion of delta-8 THC in food at the federal level, Wisconsin’s state law explicitly states that hemp, as defined within its jurisdiction, does not render food adulterated. This incongruity underscores a disparity between state and federal regulations. Consequently, delta-8 THC-infused edibles can be marketed within the state’s boundaries, but not in interstate trade. It is important to note that interstate sales could potentially trigger FDA enforcement, while intrastate sales would not. Further details can be accessed here: External Link.

No impending state-level legislation directly impacts the legality of delta-8 THC in Wisconsin; however, specific local governments are taking steps to regulate it. For instance, in Wood County, only individuals aged 21 or older are permitted to purchase intoxicating hemp products. Additionally, the city of Marshfield is endeavoring to implement a similar policy this year. Further information can be found here: External Link.

Overview of Hemp Products & Laws

Hemp-derived products have gained significant popularity in recent years, thanks to their potential health benefits and versatility. In this overview, we will explore the world of hemp products and the laws surrounding them. From the legal definition of hemp to the regulations governing its cultivation and use, we will delve into the basics of the hemp industry. Additionally, we will touch upon the various derivative products that can be obtained from hemp, such as CBD and Delta-8 THC. Whether you are a consumer curious about hemp products or a business looking to enter the hemp industry, this overview will provide you with valuable insights into the world of hemp and its legal framework.

Industrial Hemp Definition

Industrial hemp is a variety of cannabis plant that is specifically cultivated for its fiber, seeds, and other industrial uses. It is distinguished from other forms of cannabis by its low levels of delta-9 THC, the psychoactive compound found in marijuana plants.

According to federal law in the United States, industrial hemp is defined as cannabis with a delta-9 THC concentration of no more than 0.3% on a dry weight basis. This legal threshold is crucial in differentiating industrial hemp from marijuana, which typically has much higher levels of THC and is considered illegal in many states.

Industrial hemp has a wide range of characteristics that make it suitable for various applications. It is known for its strong fibers, which can be used in textiles, paper, building materials, and a variety of other industrial products. Hemp seeds are rich in protein, vitamins, and essential fatty acids, and they are commonly used in food and skincare products.

In recent years, there has been a significant surge in the popularity of hemp-derived cannabinoids, such as CBD and delta-8 THC. These compounds are extracted from industrial hemp and are legally available in many states, provided they meet certain requirements, including the legal threshold for THC content.

Overall, the definition of industrial hemp is centered around its low THC content, distinguishing it from marijuana and enabling its use in various industrial and consumer products.

Hemp Plant bed

Hemp Plant

The Hemp Plant and Its Derivatives

The hemp plant, scientifically known as Cannabis sativa, is a versatile crop with numerous applications across various industries. It has been cultivated for centuries due to its durable fibers, nutritious seeds, and therapeutic compounds.

One of the primary components found in the hemp plant is cannabinoids. The two most well-known cannabinoids are cannabidiol (CBD) and delta-9-tetrahydrocannabinol (delta-9 THC), with the latter being responsible for the psychoactive effects commonly associated with marijuana. However, hemp plants contain minimal levels of delta-9 THC, ensuring legal compliance.

Terpenes are another vital component in hemp plants, responsible for their distinct aromas and flavors. These aromatic compounds are often used in cosmetics, perfumes, and flavorings.

Hemp fibers are exceptionally strong and have been used for centuries in the production of textiles, ropes, and papers. Additionally, hemp seeds are a rich source of protein, vitamins, and essential fatty acids, making them a valuable ingredient in food and skincare products.

Through various processing methods, hemp plant derivatives can be extracted and utilized in different industries. CBD is commonly used in wellness products, such as oils, tinctures, and topicals. Hemp fibers find applications in the manufacturing of textiles, construction materials, and automotive parts.

Overall, the hemp plant and its derivatives offer a wide range of benefits and possibilities across numerous industries, making it a valuable and versatile crop.

Federal-Level Regulations on Hemp Products

The legal status of delta-8 THC in Wisconsin is contingent upon federal directives that outline specific regulations concerning the cultivation, processing, and commerce of hemp-derived products.

The 2018 Farm Bill is pivotal federal legislation that sanctions the use and sale of hemp and hemp derivatives at the federal level.

For comprehensive information about the 2018 Farm Bill, refer to: 2018 Farm Bill.

The federal Food, Drug and Cosmetic Act restricts the utilization of delta-8 THC in food at the federal level. However, Wisconsin law explicitly declares that hemp, as defined within the state’s legal framework, does not render food adulterated. This disparity generates a conflict between state and federal regulations. Consequently, delta-8 THC edibles can be lawfully sold within the state’s boundaries but are prohibited from being transported across state lines. While instances of interstate sales may transpire, such actions could potentially trigger enforcement actions by the FDA.

For more insights into the Food, Drug and Cosmetic Act, refer to the official link: Food, Drug and Cosmetic Act.

State-Level Regulations on Hemp Products

Wisconsin’s hemp legislation is in harmony with the federal Farm Bill. Section 94.55 of the state’s Statutes & Annotations delineates legal, state-compliant hemp as encompassing “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.”

To delve into the details of section 94.55, consult this link: section 94.55.

In Wisconsin, the oversight and regulation of hemp products at the state level used to fall under the jurisdiction of the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).

However, effective from January 1, 2022, the DATCP’s hemp program has been discontinued. Therefore, the information provided here serves solely as a reference and may not be consistently updated.

Starting from the same date, Wisconsin hemp growers are now required to obtain licenses through the U.S. Department of Agriculture (USDA). For more detailed information, you can refer to the DATCP Hemp Program.

The 2018 Farm Bill mandated the USDA to establish a comprehensive national regulatory framework governing hemp production across the United States.

On January 19, 2021, the USDA published a final rule which became effective on March 22, 2021. This rule delineates regulations for hemp production in the U.S. It builds upon an interim final rule that was issued on October 31, 2019, which initially established the U.S. Domestic Hemp Production Program. The definitive rule has been refined based on insights gleaned from public feedback and lessons learned during the 2020 growing season.


Availability of Delta-8 THC in Wisconsin

Delta-8 THC has been attracting attention for its potential benefits. As of now, it is legal to possess and sell hemp-derived delta-8 THC products in Wisconsin, subject to specific regulations. While recreational marijuana remains illegal in the state, hemp-derived cannabinoids, including delta-8 THC, are permitted as long as they meet certain requirements. These requirements include maintaining a delta-9 THC concentration below 0.3% on a dry weight basis and complying with state labeling and quality control measures. Wisconsin residents can access delta-8 THC products from reputable companies that adhere to these regulations. It is important for consumers to educate themselves and purchase from trustworthy sources to ensure product safety and compliance.

Delta-8 THC in Wisconsin - Door County Cannabis Co.

Door County Cannabis Co. Delta-8 THC Gummies

Why purchase from anyone other than Door County Cannabis Co.?

When it comes to purchasing hemp-derived Delta-8 products in Wisconsin, Door County Cannabis Co. is a leader in quality and selection. Door County Cannabis Co. offers a wide variety of Delta-8 THC products that are legal in Wisconsin, including vape cartridges, tinctures, and gummies. All of their products are carefully crafted using only the highest quality ingredients.

Door County Cannabis Co. is dedicated to providing customers with the best possible experience when it comes to buying Delta-8 products in Wisconsin. They offer a wide variety of hemp-derived Delta-8 products that are 100% legal under Wisconsin law. All of their products are third-party tested and verified for purity and potency. 


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Minimum Age Requirement for Cannabis/Hemp Product Sales and Consumption

The minimum age requirement for cannabis and hemp product sales and consumption is 21 years old. It is important to adhere to this legal restriction and ensure compliance with local regulations.

Individuals under the age of 21 are not permitted to purchase or consume cannabis and hemp products within the city. This includes products containing CBD, Delta-8 THC, and other hemp derivatives.

Retailers and manufacturers must strictly follow these age restrictions to avoid penalties and to prioritize the well-being of their customers. It is recommended that businesses verify the age of their customers before selling any cannabis or hemp products. This can be done through identification checks, such as requesting a valid driver’s license or government-issued ID.

By enforcing these age restrictions aims to create a safe and responsible environment for the consumption and sale of cannabis and hemp products. Consumers should also be aware of these regulations and respect the minimum age requirement when considering the purchase and use of these products within the city.


Frequently asked Questions

Is Delta-8 Legal in Wisconsin? Laws & Potential Charges

Delta-8’s legality in Wisconsin is a complex and evolving issue. As of now, there is no specific legislation addressing Delta-8 THC, which is a psychoactive compound derived from hemp. However, the Wisconsin Controlled Substances Board has stated that any synthetic form of THC is illegal. This raises concerns about the legality of Delta-8 in the state. It is important to consult with a legal professional to understand the current laws and potential charges related to Delta-8 in Wisconsin.

Can you be charged with OWI for driving on Delta-8?

In some places, driving under the influence of any substance that impairs your ability to drive safely, including Delta-8 or other cannabis-related products, may be illegal and could result in charges of operating while intoxicated (OWI) or driving under the influence (DUI). However, the legality and specific regulations surrounding Delta-8 can vary from place to place, so it is crucial to understand the laws in your area and seek legal advice if needed.

Does Delta-8 THC fall outside of current weed laws?

Delta-8 THC falls into a bit of a legal gray area. While it is derived from hemp, which was legalized under the 2018 Farm Bill, the specific legality of delta-8 THC varies from state to state. Some states have explicitly banned it, while others have no regulations in place. It is important to research and understand the specific laws and regulations in your jurisdiction before using or selling delta-8 THC products.

What is Delta-8 THC?

Delta-8 THC is a variation of the THC (tetrahydrocannabinol) compound found in cannabis. It is chemically similar to Delta-9 THC, which is the most common and well-known form of THC. However, Delta-8 THC has a slightly different molecular structure, resulting in some distinct effects. It is known to have psychoactive properties, but its potency is generally considered to be lower than Delta-9 THC. Delta-8 THC has gained attention in recent years due to its potential therapeutic benefits and its legal status in some states where Delta-9 THC remains illegal. However, it is important to note that laws regarding Delta-8 THC can vary, so it is essential to research and understand the regulations in your specific jurisdiction.

Delta-8 Vs. Delta-9 THC?

Delta-8 and Delta-9 THC are both cannabinoids found in cannabis plants, but they have some key differences. Delta-9 THC is the most well-known and abundant psychoactive compound in cannabis, responsible for the “high” feeling. On the other hand, Delta-8 THC is a less abundant compound, and it is said to have a milder psychoactive effect compared to Delta-9 THC.

Another difference between the two is their legal status. Delta-9 THC is classified as a Schedule I controlled substance in many countries, including the United States, which means it is illegal at the federal level. However, some states in the US have legalized it for medical or recreational use. On the contrary, Delta-8 THC is often derived from hemp, which contains less than 0.3% Delta-9 THC, making it legal under the 2018 Farm Bill in the US.

It is important to note that research on Delta-8 THC is limited, and more studies are needed to fully understand its effects and potential benefits or risks. As with any cannabis product, it is advisable to consult with a healthcare professional before using Delta-8 or Delta-9 THC products, especially if you have any underlying health conditions or are taking medications.

Is Delta-8 synthetic THC?

No, Delta-8 is not synthetic THC. Delta-8 is a naturally occurring cannabinoid found in small amounts in cannabis plants. It is chemically similar to Delta-9 THC, which is the main psychoactive compound in cannabis, but it has a slightly different molecular structure. Delta-8 can be derived from hemp or cannabis through various extraction and conversion methods.

Where do Delta-8 and Delta-9 come from?

Delta-8 and Delta-9 are both cannabinoids that are derived from the cannabis plant. Delta-8 THC is a minor cannabinoid found in small amounts in the cannabis plant, while Delta-9 THC is the primary psychoactive compound responsible for the “high” associated with marijuana. Both compounds are produced through the conversion of cannabigerolic acid (CBGA) by enzymes in the plant. Delta-8 can also be synthesized from Delta-9 THC through various chemical processes.

Pros and Cons of Delta-8 vs Delta-9


Delta-8 provides a milder and more controllable high compared to Delta-9, making it suitable for individuals who prefer a less intense experience.

Delta-8 is legal in many states where Delta-9 is not, providing easier access for those seeking alternative cannabis experiences.


The long-term effects and safety of Delta-8 are still relatively unknown due to limited research and studies.

Delta-8 is less potent than Delta-9, which may result in individuals needing to consume higher doses to achieve the desired effects.

Due to its rising popularity, the availability and quality of Delta-8 products may vary, leading to potential inconsistencies in potency and purity.


Pros and Cons of Hemp-Derived THC


Hemp-derived THC is legal in many states where marijuana is not

Hemp-derived THC offers potential medical benefits, such as pain relief and relaxation

Hemp-derived THC products are often more regulated and tested for quality and purity

Hemp-derived THC may have a lower risk of addiction compared to marijuana-derived THC


The effects and potency of hemp-derived THC may vary and be less predictable compared to marijuana-derived THC

Hemp-derived THC may still cause impairment and affect cognitive function

Hemp-derived THC products may be more expensive compared to marijuana-derived THC products

There may still be legal restrictions and limitations on the use and sale of hemp-derived THC products in certain areas.

Peter Gray

doctoral student and NATA Cannabinoid Task Force member, passionate about educating and empowering others on hemp and cannabis for better well-being.

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