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Delta 8 THC in Wisconsin: Is It Legal & Where to Buy in 2021?

Alien
Area 52
July 13, 2021 | Legal

Yes, delta 8 THC can be freely bought and sold in Wisconsin, but recent law enforcement actions have put it at risk. One extreme case recently ended in a law enforcement raid. That raid was out of the ordinary for Wisconsin, though, and state law remains unclear on the subject — leaving it in a grey area.

Because the state’s marijuana and hemp laws closely align with federal ones, the new variant delta 8 THC is available in Wisconsin. Lawmakers in Wisconsin have dragged behind other states to legalize medicinal and recreational marijuana, but no clear moves against delta 8 THC have been made.

Lawmakers in Wisconsin have made it more difficult to discuss cannabis laws during legislative sessions, so there haven’t been many firms talk about marijuana, much less banning delta 8 THC.

Wisconsin abides with the 2018 Farm Bill and has allowed for industrial hemp growers to exist. No laws expressly banning growers from using their hemp to produce delta 8 THC have arisen in Wisconsin. However, state officials are still waiting on more clarification from the DEA, and some police agencies doubt the substance’s legality.

Is Delta 8 THC Legal in Wisconsin

It has been unclear if delta 8 THC is fully legal in Wisconsin. Local police recently raided a vendor after selling the substance. Still, comments from state officials and legislators have agreed that the legal status of delta 8 THC is not obvious in Wisconsin.

Until the Drug Enforcement Agency releases guidance for state hemp regulators across the country, Wisconsin is letting delta 8 THC exist in its legal loophole. The raid that happened against a store selling delta 8 THC may have been startling, but it still has not resulted in charges against the owner — possibly because there is nothing obvious to charge him with.

Wisconsin’s cannabis regulations are comparable to those at the federal level. Since the signing of the Farm Bill in 2018, the sale of delta 8 THC and other hemp derivatives seems to have become permissible in Wisconsin. Because Wisconsin’s hemp laws are so close to federal ones, it’s worth taking a look at the 2018 Farm Bill.

The Farm Bill attempted to change the way hemp, cannabis, and its byproducts are categorized on a federal basis. As a result, most hemp derivatives such as CBD and delta 8 THC have been basically decriminalized. Before the Farm Bill, almost all types and derivatives of hemp, including its psychoactive component, delta 9 THC, were outlawed.

In essence, the 2018 Farm Bill clarified that only delta 9 THC is banned; everything that has less than 0.3 percent of that THC form is technically lawful. Other versions of THC, like the delta 8 version, are not subject to stringent limitations under Wisconsin law.

Lawmakers have been asked to discuss the subject, though, so new clarifications could becoming.

What About Delta 10 THC?

Until legislators at the local or national level decide to be more specific with hemp laws, delta 8 and delta 10 THC is legal. 

The Farm Bill and Wisconsin law clarifies that illegal cannabis is more than 0.3 percent delta 9 THC.

In general, delta 10 THC products should be handled similarly to delta 8 THC products. When purchasing something — especially if you plan on consuming that item, it’s critical to consider both quality and legality.

As for delta 10 THC — It’s believed to be lawful as it falls into the same legal uncertainty as delta 8 THC. Like delta 8 THC, it has enough chemical diversity to distinguish itself from delta 9 THC, making it legal under the Farm Bill. A further lack of clarification from Wisconsin lawmakers on whether the product truly can be considered a legal “hemp product” has let delta 8 and 10 THC persist in Wisconsin.

Do I Need A Medical Card in Wisconsin To Order Delta 8 THC?

medical prescription with hemp leaf, d8 extract in a bottle, hemp buds, capsules and stethoscope on top

In Wisconsin, you don’t need a medical card to buy delta 8 THC products. Delta 8 THC made from hemp falls under the same laws as CBD, making it legal to be bought in nearly every state — including Wisconsin.

Because Wisconsin follows the federal law when it comes to delta 8 THC, no special regulations exist for the substance. Vendors would be wise to confirm that buyers are of age, but no regulations prevent its sale. Whether the delta 8 THC is for medicinal purposes, recreational, or otherwise, it can be sold in Wisconsin.

When it comes to other forms of medicinal marijuana, though, Wisconsin is quite behind the curve. Wisconsin does not allow for any medical sale of marijuana, unlike many other states. Some municipalities, such as Milwaukee, have taken steps to decriminalize marijuana somewhat, but it remains illegal in most forms.

Delta 8 THC’s status as a loophole THC variant has no signs of being cracked down in Wisconsin.

Delta 8 Vapes & The PACT Act

A reputable producer will maintain a good reputation by producing high-quality delta 8 THC products that adhere to Wisconsin and federal hemp standards. To be legal, items must only contain less than 0.3% delta 9 THC once they reach the market.

Before selling any vape items, all online retailers in the United States are required by law to check their customers’ age. This is due to the PACT Act, which Congress originally approved to combat cigarette trafficking. In 2020, Congress modified the original PACT Act. Vaping devices were added to the list of regulated items due to this change — To buy these products online, one must be 21 or older.

For this legislation, the term “vape device” has a pretty broad definition. The new PACT statute effectively prohibits everything associated with vaping, including delta 8 THC carts or disposable vapes.

Because the Bureau of Alcohol Tobacco, Firearms, and Explosives (ATF) carefully monitors businesses, the ATF will probably take action if a vendor does not comply with the PACT Act. Age verification, if only a small price to pay, necessitates extra funds and effort to conduct business online — A company that does not comply with age verification could be trying to cut costs elsewhere or break other laws. These companies should be avoided.

What’s The Difference Between Delta 8 THC & Delta 9 THC?

Delta 8 THC and delta 9 THC are comparable in some ways, while they are vastly different in others. Delta 8 THC is more or less just a weaker form of its banned counterpart.

Here are some of the core differences between these two compounds:

What Makes Delta 8 THC Different Legally?

State medicinal marijuana programs and the more recently recreational marijuana industries have existed despite federal law for many years. Delta 9 THC is illegal on the federal level, so although cannabis producers and sellers have to follow the rules of their respective states, they are still breaking federal law.

When the 2018 Farm Bill was unveiled, the intention was to pave the way for federal law improvements. In the Farm Bill, the delta 9 THC isotope was designated as unlawful cannabis. Due to the substance’s strict definition, other isotopes of THC are now deemed pseudo-legal. The Farm Bill specified that only delta 9 THC is prohibited; other hemp-derived products, such as delta 8 THC, are not.

Because delta 8 THC is a product derived from hemp and does not contain more than .3 percent delta 9 THC, federal law has not outlawed it. Wisconsin law has not done anything to ban the substance, either.

What Makes Delta 8 THC Different Chemically?

The delta 8 and delta 9 THC molecules structure is practically identical to anandamide, an important neurochemical located in every human body organ [1]. The only difference between the two is the location of a double bond (eighth carbon in delta 8 and ninth carbon in delta 9).

Both delta 8 and delta 9 mimic anandamide and bind to the CB1 and CB2 receptors (anandamides target receptor).

Anandamide is tasked with regulating homeostasis — which is a fancy word for “balance.” It’s involved with functions such as pleasure, hunger, and emotions.

Is Delta 8 THC Synthetic?

When the word synthetic is tossed around, it can mean many things. Oftentimes it refers to something that is completely manufactured, attempting to be similar to something from nature. Some common synthetic products that we use in daily life are insulin, fabrics, and many others.

For example, insulin is typically naturally produced by the human body to regulate our blood sugar levels. Many Americans have a disease, diabetes, that prevents our bodies from naturally making insulin. To treat this, doctors prescribe synthetic insulin. A chemical and pseudo-biological process creates synthetic insulin outside of the body for diabetic patients to use.

Many drugs such as K-2 and “spice” are well-known marijuana synthetics — these chemicals seek to recreate the effects of cannabis but are synthetically created.

Delta 8 THC falls in a different realm and is not considered synthetic because it is naturally occurring and not created in a lab in the same way synthetic marijuana is. Because delta 8 THC can trace a path right back to legally grown hemp products, federal law, as well as Wisconsin law, ultimately does not consider delta 8 THC as a “synthetic.”

Instead, the substance is naturally occurring in most industrial hemp products and can be derived from hemp. Some chemical intervention is required to maximize how much delta 8 THC can be extracted from hemp, but the fact still stands that delta 8 THC is wholly derived from natural sources and is found in nature.

Federal law considers most hemp products legal under the hemp regulations that came with the 2018 Farm Bill. If delta 8 THC were derived from something other than hemp or didn’t occur in nature, it would be considered synthetic.

How to Use Delta 8 THC

D8 extract in abottle and a dropper with hemp leaves

Delta 8 THC can be found in a wide range of forms. All of these are comparable to the ways CBD and cannabis are consumed. Each method has advantages and disadvantages, but vaporizer cartridges are the most widespread.

Here are some of the most common types of delta 8 THC products available today.

1. Delta 8 THC Vape Cartridges

Delta 8 THC is found in the highest percentages per weight in oil. These oils are highly concentrated and can be immediately consumed through vape pens and cartridges.

A cartridge is a replaceable “top” that screws onto a vape battery. The battery powers a built-in heating element. The heating element causes the delta 8 to vaporize, where it can then be inhaled. Once the cartridge is empty, it can be thrown out and replaced with a new one.

These delta 8 THC vape cartridges present the highest ease of use and contain the most delta 8 THC by weight.

2. Delta 8 THC Gummies

Gummies present another easy way to consume delta 8 THC. Individuals sensitive to inhaling things can look toward gummies for an inhalation-free delta 8 THC ingestion.

Delta 8 THC gummies are easy to use, produce powerful effects, and are the most discrete method of consumption available.

3. Delta 8 THC Tinctures

Tinctures are one of the traditional consumption methods of other products such as CBD. Tinctures are effectively a highly concentrated oil.

First, use a tincture, fill the included dropper with the delta 8-rich oil, and squeeze the contents directly into the mouth. You can swallow it right away or hold it under the tongue for a minute or two to achieve faster onset effects.

Alternatively, you can mix the oil in with a smoothie or other drink to mask the taste.

All our delta 8 tinctures come pre-flavored with unique botanical-derived terpenes to improve the flavor and provide additional benefits.

Where to Buy Delta 8 THC

Purchasing delta 8 THC online is the most common way people are getting delta 8. It’s easier, cheaper, and provides ample opportunity to vet the vendor before you buy.

There are a lot of bad delta 8 products on the market today. A lot of convenience shops, gas stations, or head shops are selling products of questionable quality. With delta 8, quality is paramount. If the extract wasn’t made with a high degree of accuracy, it could contain contaminants that are harmful to your health.

All of our products are third-party tested to prove the absence of contaminants and the potency of the delta 8 contained inside. We’re currently shipping to the state of Wisconsin.

What’s The Future of Delta 8 THC in Wisconsin?

Wisconsin is nowhere near the rest of the country when it comes to legalizing marijuana. The state has neither recreational nor medicinal programs in place for cannabis. State lawmakers have left the debate on marijuana at a complete standstill, and it doesn’t look like anything is happening soon.

That being said, delta 8 THC remains legal under Wisconsin hemp laws. State officials have not yet banned delta 8 THC, but police are very wary of the substance, and it could be made illegal with new guidance from the Drug Enforcement Agency.

With the trend of marijuana being legalized happening nationwide, though, we may not be far off from more standard forms of cannabis, such as delta 9 THC becoming legal in Wisconsin.

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