Delta 8 THC in Wisconsin: Is it Legal?
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Delta 8 THC is a unique cannabinoid found in the hemp plant that is seeing rapid expansion in not only popularity, but also both medically and recreationally. While Delta 8 THC does feature familiar properties to the main chemical found in your common marijuana, Delta 9 THC, it does have generally less potency and a completely different effect on its users.
But is Delta 8 THC legal in Wisconsin?
Related article: What is Delta 8 THC?
Yes, Delta 8 THC is legal in Wisconsin
As of today 09/22/21, Delta 8 THC is legal according to Wisconsin state law. Like the federal law, Wisconsin has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.
Like it's neighbors, Wisconsin has similar regulations to Delta 8 THC in Indiana and Delta 8 THC in Minnesota. Definitely keep an eye on the laws for any changes in the future.
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Here are the laws:
CHAPTER 94 - PLANT INDUSTRY
94.55 Hemp.
(1) Definition. In this section, “ hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent, whichever is greater, as tested using post-decarboxylation or other similarly reliable methods. “Hemp” does not include a prescription drug product that has been approved by the U.S. food and drug administration.
CHAPTER 961 - UNIFORM CONTROLLED SUBSTANCES ACT
961.01(14)
(14) “Marijuana” means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana” does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination. “Marijuana” does not include hemp, as defined in s. 94.55 (1).
961.14(4)(t)
(t) Tetrahydrocannabinols, commonly known as “THC”, in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized,
except that tetrahydrocannabinols do not include any of the following:
1. Tetrahydrocannabinols contained in a cannabidiol product that is dispensed as provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32 (2m) (b).
2. Tetrahydrocannabinols contained in fiber produced from the stalks, oil or cake made from the seeds of a Cannabis plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of a Cannabis plant which is incapable of germination.
3. Tetrahydrocannabinols contained in hemp, as defined in s. 94.55 (1).
Cannabis Policy in Wisconsin
Unfortunately, when it comes to marijuana reform policy. Wisconsin is one of the few states stubbornly lagging behind with the times. Even to the point where it is one of the only 23 states to still impose strict jail time on simple cannabis possession, and one of the only 17 to lack a compassionate medical cannabis law.
With Senate Majority Leader Scott Fitzgerald outright opposing medical cannabis and the 2020 legislate session largely derailed due to the coronavirus, any prospect for reform this year is slowly becoming more and more out of reach. As a good majority of Wisconsin’s population does want to see some sort of cannabis reform, it is time for the every day citizens to take action and speak to your state and local lawmakers.
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