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Is Delta-8 legal in Wisconsin?

January 2022

In Wisconsin, the Delta 8 industry skyrocketed in recent years.  It may have something to do with the fact that all cannabis plants and products are illegal in the state. 

Even medical marijuana is not permitted. 

When the 2018 Farm Bill came to effect, both consumers and business owners were thrilled at the legal loophole it created. 

The demand rose, and companies worked hard to keep up with it. They came up with various products like gummies, vapes, soda drinks, and more. It became a very lucrative business.

What is Delta 8?

Delta 8 is a type of cannabinoid present in hemp and marijuana plant. 

It is not the only psychoactive component of the cannabis Sativa plant.

There are hundreds of different cannabinoids. Delta 9 THC is the strongest and most abundant, but it is illegal. 

Delta 8, on the other hand, was recently made legal under the 2018 Farm Bill. 

It produces the same psychoactive effects as Delta 9. But its effects are milder. 

The chemical structure of Delta 8 and Delta 9 differ slightly on a molecular level. But this small difference creates a huge dissimilarity in their effects.

What are Delta 8 products?

Delta 8 products are those that contain hemp-derived Delta 8 THC.

These products come in many forms, and most of them are snacks. Products include:

  • Chewing gums
  • Gummies
  • Soda and energy drinks
  • Candies
  • Ingestible Flowers
  • Tinctures 
  • Oils
  • Vape
  • Cookies
  • Brownies 
  • Rolled smokes
  • Flowers

How to choose a Delta 8 brand and product?

No Delta 8 product has the approval of the Food and Drug Authority. So, choosing a brand and product is critical for health safety reasons. 

You will want to make sure that what you’re buying is safe and top quality. So, here are some things you need to check before making a purchase.

Check product reviews. 

You can easily check product reviews on the internet. 

If you are buying from an online store on a platform, it is easy to see reviews below. 

Different consumers have different experiences, so you have to be sure to see both positive and negative feedback. Watch out for reports of side effects in health. 

Laboratory Certificates

Delta 8 is widely unregulated, and thus there is no standard testing. 

But some stores subject their products to lab testing to show consumers the content of their products. 

Consumer safety should be a company’s priority. Do not trust stores without a lab certificate. 

Ingredient label

Knowing the ingredient will minimize health risks. 

If you have food allergies, make sure you check the list of ingredients. Some companies offer dairy-free, gluten-free and GMO-free products. 

Product prices

Consumers want quality, but they also want to get it at the cheapest price possible. 

To ensure that you get it at the lowest price, make your purchase from direct manufacturers. 

Compared to medicinal Delta 9, Delta 8 products are way cheaper. The reason is Delta 8 manufacturers and retailers only pay sales tax.

Are all Delta 8 products legal?


Although the Farm Bill legalizes hemp and hemp-derived products and extracts, it provided a qualifier. 

The law provides that legal hemp and hemp derivatives need to have a 0.3% TCH concentration or lesser. 

If the concentration exceeds the limit by even.01%, it will be considered illegal. And possession of it can result in a criminal drug charge. 

Related laws on Delta 8

Farm Bill 2018 is the primary law relating to Delta 8 in the country. 

It is the law that legalized hemp and hemp derivatives with 0.3% THC and less. It removed them from schedule I controlled substances. 

Before its effectivity, all types of TCH derived from marijuana and hemp is illegal.

They are only allowed in certain cases where there is a medical necessity. But in Wisconsin, even medical marijuana is outlawed. 

But when the controversial federal law became effective, Wisconsin state law followed its provision.

Even so, there is still confusion on the matter since there is no final statement from the state government.

Last year, there was a report of a raid conducted by the local police on a shop that sells Delta 8 products. Although, there were no charges filed because obviously, there was no law broken.

But the lack of guidance and regulation from concerned agencies creates a gray area. 

Another confusion arose from a statement released by the Drug Enforcement Agency saying the synthetic Delta 8 is illegal. 

To understand this, you must have background information. 

Delta 8 is a naturally occurring component of marijuana and hemp. Only those that are derived from hemp with a concentration of not more than 0.3% THC are legal. 

The problem is, only a little amount of Delta 8 can be sourced from a hemp plant. So, what manufacturers do is, convert other cannabidiols into Delta 8 by changing the chemical structure. 

The DEA claims that the conversion process makes the Delta 8 a synthetic compound. And it falls under controlled substances. 

Delta 8 is not specified in the legal provision. So many are questioning this rule. The federal government has yet to release a statement on this. 

But currently, there is no pending legal action that will amend the existing law. 

Meanwhile, businesses are free to operate in the absence of clear regulations.

Can I buy Delta 8 without a prescription in Wisconsin?

Yes. No state law or regulation requires a person to present a medical card or prescription before buying Delta 8 products.

Also, no law gives age restrictions on the sale of such products. 

Though, most stores would like to avoid any legal issues. So, they exercise due diligence and require customers to show proof that they are at least 21 years of age.

What are the medical uses of Delta 8?

In Wisconsin, Delta 8 is the closest that patients will get to medical marijuana.

Although the degree of their effects and period of effectiveness varies, their medical uses are the same. 

Here are the medicinal uses of Delta 8.

It helps with relaxation and improves sleep.

Delta 8 is a natural relaxant. It produces a light and calming feeling that washes over your body and relieves anxiety and stress. 

It binds with the CB! Receptors in our bodies facilitate the release of dopamine and serotonin, which leads to a euphoric effect. 

Because of this, it is used to manage insomnia, anxiety, sleeping problems like night terrors, and even mood disorders. 

Because it is mild, there is virtually no risk of paranoia, unlike Delta 9. Also, although it will help you sleep better, it will not make you lethargic. 

Decreases pain

All cannabinoids have analgesic properties. Delta 8 is no different. 

It also helps relieve pain. It can do this by decreasing inflammation and

increasing the release of necessary hormones that can reduce the signals of pain sent to the brain. 

It is the reason that some jurisdictions allow the medicinal use of marijuana for certain serious and terminal diseases.

Decreases nausea and vomiting

Aside from its obvious analgesic effects, one of the primary reasons that cannabinoids are prescribed for cancer patients is to manage the effects of chemotherapy. 

Delta 8 can reduce nausea and vomiting experienced by patients from the effects of a combination of medications. 

Improves appetite

Like Delta 9, Delta 8 can also cause munchies. It is a condition where a person will experience an increase in appetite.

Aside from this, Delta 8 can also help regulate nutrient absorption, which eventually improves health.

Prevents brain damage

Some studies show that Delta 8 can prevent brain damage caused by hypoxia. Hypoxia is a condition where the oxygen levels in the muscles are critically low. 

These studies might prove that Delta 8 has potential neuroprotective properties. Although, researches in this area are still in its very early stages. 

But as of now, the researchers believe that Delta 8 facilitates the increase in acetylcholine. It can help slow down the symptoms of degenerative mental health diseases.

Delta 8 products and health concerns

All drugs can have adverse effects when abused. But when used properly and moderately, drugs like Delta 8 can help manage medical and psychological symptoms. 

The primary health concern does not come from the substance itself. It comes from the chemical components added to the final product. 

Because there is no standard testing for Delta 8, some products contain unsafe chemicals like pesticides. 

The FDA has released caution in using Delta 8 products. But they have yet to issue regulations in ensuring product safety.

So, before buying, make sure to check product labels.

Parting Words

The legalization of Delta 8 immediately created a craze. The demand for medical and recreational purposes skyrocketed. 

But undoubtedly, there is a need for further clarification on the interpretation of the law. 

Currently, there is no pending legislation on clarifying the legal stand of Delta 8. We will have to depend on the existing provisions for now.