Hemp-Derived Delta-9 THC in Wisconsin
Is it the end of Driving Over the Border for Cannabis Products?
Hemp-derived Delta-9 THC has been a hot topic in Wisconsin since the passage of the 2018 Farm Bill. This bill legalized the cultivation and sale of hemp, 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, marijuana, or cannabis-derived THC, remains illegal in Wisconsin except for specific medical purposes.
Understanding 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 0.3% on a dry-weight basis. This allows for the cultivation and production of hemp-derived products, such as CBD oils, tinctures, and edibles, that possess minimal levels of Delta-9 THC but offer the potential therapeutic benefits of other cannabinoids found in hemp.
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.
Understanding “Dry Weight Basis”
It’s important to note that the term “dry weight basis” is essential for measuring THC concentration. This refers to the percentage of Delta-9 THC in a cannabis product once all moisture has been removed, providing a standardized method for determining THC content in hemp products and accounting for natural variations in water content.
For example, a 3.3 gram gummy can legally have approximately 10mg of Delta-9 THC.
The legal limit for Delta-9 THC content in hemp-derived products is 0.3% by dry weight.
To calculate the maximum allowable THC in a 3.3-gram gummy or 3,300 mg×0.003=9.9 mg
Legal Distinctions: Delta-8 vs. Delta-9 THC
The legal distinctions and effects of Delta-8 and Delta-9 THC concentrations in Wisconsin are also noteworthy:
- Delta-9 THC: Produces the characteristic high associated with cannabis use and is legal if derived from hemp with less than 0.3% THC. Marijuana-derived Delta-9 THC remains illegal except for specific medical uses.
- Delta-8 THC: Reported to have a milder psychoactive effect than Delta-9 THC, offering a potentially less intense experience. Delta-8 THC’s legality is ambiguous due to its absence from explicit federal regulation, though hemp-derived Delta-8 THC is generally considered legal.
Learn more about the differences.
Regulations and Oversight
The Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) oversaw the hemp industry, including licensing for cultivation and processing. Wisconsin follows federal guidelines, allowing the sale, possession, and use of hemp-derived Delta-9 THC products as long as they meet the 0.3% THC limit. Wisconsin has transitioned its hemp program oversight to the USDA, aligning state regulations with federal standards.
Product Availability
Hemp-derived Delta-9 THC products are widely available in Wisconsin, primarily in the gummies, beverages, and edibles form. Consumers should always check for Certificates of Analysis (COAs) to ensure compliance with legal THC limits and to verify the product’s quality and safety. Reputable vendors provide full panel testing to ensure the absence of contaminants such as pesticides and heavy metals.
Effects and Uses
Delta-9 THC is known for its psychoactive effects, including relaxation, euphoria, increased appetite, and improved mood. It interacts with the endocannabinoid system, which regulates various physiological functions. Potential uses of Delta-9 THC include pain relief, anxiety reduction, and sleep.
Read more about risks and benefits.
Consumer Considerations
When purchasing hemp-derived Delta-9 THC products in Wisconsin, consumers should:
- Verify the Product’s COA: Ensure the product’s Certificate of Analysis (COA) confirms compliance with legal THC limits and absence of contaminants. This verification helps to avoid potential legal issues and ensures product safety.
- Purchase from Reputable Vendors: Opt for vendors that provide full panel testing and transparency regarding their products. Look for vendors that offer money-back guarantees, free shipping, and subscription options for regular purchases.
- Check Customer Reviews: Reviews can provide insights into the quality and effectiveness of the products. They can also highlight customer service experiences, helping consumers make informed decisions.
- Understand the Legal Distinctions: Be aware of the differences between Delta-8 and Delta-9 THC, including their legal status and psychoactive effects. Delta-8 THC offers a milder effect compared to Delta-9 THC and is generally considered legal if derived from hemp.
- Stay Informed on Regulations: Regulations can change, so staying informed about the latest legal status and guidelines for hemp-derived products in Wisconsin is crucial to ensure compliance and avoid legal complications.
- Be Cautious of Misleading Advertisements: Advertisements often use terms like “legal weed,” “weed,” or “the good stuff” to attract consumers. These terms can be generic and confusing, masking the actual contents and legal status of the products being sold. Consumers may be surprised to find that many companies across the United States are ready to ship these items to Wisconsin. However, these ads often involve a lot of smoke and mirrors, so it’s important to thoroughly research and verify the legitimacy of these products and companies before making a purchase.
Key Points
- Legal Status: Hemp-derived Delta-9 THC is legal in Wisconsin if it contains no more than 0.3% THC on a dry weight basis.
- Regulatory Oversight: The Wisconsin DATCP oversees the hemp industry, ensuring compliance with federal and state regulations.
- Product Availability: Consumers can purchase a variety of hemp-derived Delta-9 THC products, but should verify their quality and legality through COAs and reputable vendors.
Sources
- Cannovia. “Is Delta-9 THC Legal in Wisconsin?” Retrieved from Cannovia.
- PBS Wisconsin. “Wisconsin’s Growing Market for Legal Hemp-Derived Delta THC.” Retrieved from PBS Wisconsin.
- Wisconsin State Legislature. “Wis. Stat. § 94.55.” Retrieved from Wisconsin State Legislature.
- Hometown Hero. “Is Delta 9 THC Legal in Wisconsin?” Retrieved from Hometown Hero.
- Cap Times. “Wisconsin’s Cannabis Industry Leafs Out with New Legal Products.” Retrieved from Cap Times.
- Wisconsin State Legislature. “Wis. Stat. § 961.31.” Retrieved from Wisconsin State Legislature.
