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Hemp-derived Delta-9 THC has been a topic of conversation in Wisconsin since the passage of the 2018 Farm Bill at the federal level. This bill legalized the cultivation and sale of hemp, which is defined as cannabis with a THC content of no more than 0.3%. As a result, Delta-9 THC in hemp-derived products is legal in Wisconsin as long as it remains below this threshold. However, it’s important to note that marijuana, which contains higher levels of THC, remains illegal in Wisconsin except for medical purposes.

As the hemp industry grows and becomes more popular, it’s crucial to understand the regulations and restrictions surrounding Delta-9 THC in Wisconsin. Being well-informed about the legal landscape of hemp-derived Delta-9 THC is essential for individuals and businesses involved in the hemp industry to avoid any legal complications. In this article, we will provide essential information about the legality of Delta-9 THC in Wisconsin and help readers navigate this complex issue.

Key Takeaways

  • Hemp-derived Delta-9 THC is legal in Wisconsin as long as it remains below 0.3% THC content.
  • Marijuana, which contains higher levels of THC, remains illegal in Wisconsin except for medical purposes.
  • Understanding the specific regulations in Wisconsin regarding Delta-9 THC in hemp is crucial for compliance and avoiding legal issues.

Hemp-Derived Delta-9 THC in Wisconsin

Hemp Plant

Definition of Hemp-Derived Delta-9 THC

Hemp-derived delta-9 THC refers to the presence of delta-9-tetrahydrocannabinol in industrial hemp plants and hemp-derived products. Delta-9 THC is a psychoactive compound typically associated with cannabis plants, including marijuana. However, under the legal definition of hemp, the delta-9 THC concentration in hemp plants must be below a certain level, usually 0.3% on a dry weight basis. This distinction allows for the cultivation and production of hemp-derived products, such as CBD oils, tinctures, edibles, and more, that possess minimal levels of delta-9 THC but offer the potential therapeutic benefits of other cannabinoids found in hemp. The legal status of hemp-derived delta-9 THC varies by jurisdiction, with some states allowing the production, sale, and use of such products, while others have more restrictive regulations.

Delta-9 THC in Wisconsin

Delta-9 THC, a compound found in hemp plants, is subject to specific regulations and legal restrictions in Wisconsin. Under Wisconsin law, hemp and hemp-derived products, including Delta-9 THC, are permitted if they meet specific criteria.

Legal Criteria for Delta-9 THC Products in Wisconsin

According to Wis. Stat. § 94.55, you can legally purchase products containing hemp-derived Delta-9 THC as long as the concentration is at or below 0.3% on a dry weight basis. The possession, sale, and use of hemp-derived Delta-9 THC products are allowed in Wisconsin as long as they comply with the legal limits and regulations set by the state.

Transition to USDA Oversight

Wisconsin has significantly changed its approach to regulating its state hemp program. In an unprecedented move, the state has decided to cede its authority over overseeing and managing its hemp program to the federal U.S. Department of Agriculture (USDA). This transition signifies a shift in the regulatory landscape for hemp-related activities within Wisconsin.

Federal USDA Regulations

Under this new arrangement, Wisconsin farmers and hemp processors will be subject to the USDA’s regulations and guidelines.

Versatile Uses of Hemp

Textile Industry Applications

Hemp plants and hemp-derived products have various uses and applications in multiple industries. One of the most well-known uses of hemp plants is in textiles. Hemp fibers are strong, durable, and environmentally friendly, making them ideal for clothing, upholstery, and other textile products.

Sustainable Construction with Hempcrete

Additionally, hemp-derived products such as hempcrete are gaining popularity in the construction industry. Hempcrete is a sustainable alternative to traditional concrete, offering excellent insulation and reducing carbon emissions.

Hemp in Personal Care and Medicine

Hemp-derived products also find applications in personal care products such as lotions, soaps, shampoos, and cosmetics. The natural properties of hemp extract benefit skincare, hair care, and general well-being. In the field of medicine, hemp-derived products have shown potential in the treatment of specific ailments. Cannabidiol (CBD), a compound found in hemp plants, has gained attention for its potential therapeutic properties. CBD-based products like oils, tinctures, and capsules are used for pain management, stress relief, and as supplements for overall wellness.

Understanding “Dry Weight Basis”

Measuring THC Concentration

It’s important to note that the term “dry weight basis” is essential to understand when measuring THC concentration. This refers to the percentage of delta-9 THC in a cannabis product once all the moisture has been removed. Measuring the THC concentration on a dry weight basis provides a standardized method of determining the THC content in hemp products, accounting for the variations in water content that can occur naturally.

Legal Distinctions: Delta-8 vs. Delta-9 THC:

Effects and Legality

The legal distinctions and effects of delta-8 and delta-9 THC concentrations in Wisconsin are also worth noting. Delta-9 THC is known to produce the characteristic high associated with cannabis use, while delta-8 THC is reported to have a milder psychoactive effect. This makes delta-8 THC a potentially more appealing option for those seeking a less intense experience. Delta-9 THC is classified as a controlled substance and is illegal in most states, including Wisconsin, when derived from marijuana plants. However, hemp-derived delta-9 THC, containing less than 0.3% concentration on a dry weight basis, is permissible under Wisconsin law. On the other hand, delta-8 THC is not explicitly addressed in federal law, which creates ambiguity regarding its legality.

In Summary

In summary, Wisconsin’s regulations on hemp-derived Delta-9 THC are specific and subject to specific criteria and limitations. As the state transitions its authority over hemp regulation to the USDA, it’s essential to understand the potential uses and benefits of hemp-derived products and the legal distinctions and effects of delta-8 and delta-9 THC concentrations. Measuring THC concentration on a dry weight basis provides a standardized method of determining the THC content in hemp products, accounting for natural variations in water content.


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