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Is Delta-8 legal in Wisconsin?

Wisconsin is “America’s Dairyland” and famous for its cheese but Wisconsin farmers were once responsible for growing the most cannabis in the country! Keep reading to learn about Delta-8 THC and its legal status in the Busy Badger state. Good news, federal law and state law make Delta-8 THC legal in Wisconsin.

What is Delta-8 THC?

Delta-8 THC is a cannabinoid. A cannabinoid is simply a substance that comes from the cannabis plant, and there are hundreds of them! Cannabidiol (CBD) and Delta-9 tetrahydrocannabinol (THC) are probably the two best known cannabinoids.

Delta-8 THC is one of the many other cannabinoids in the cannabis plant, and probably the next best known and loved! It is very similar to Delta-9 THC, including the potential to produce psychoactive effects. While Delta-8 THC can produce effects like those of Delta-9 THC, the well-known psychoactive  cannabinoid found in cannabis, Delta-8 is generally not quite as strong. 

A lower effect level can be a great option to those who may become overwhelmed when using marijuana. Furthermore, in a state like Wisconsin that does not allow recreational marijuana, Delta-8 and other hemp derived products are a great alternative.

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC all occur naturally in the cannabis plant, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is the main substance to cause psychoactive effects in cannabis. Delta-8 and Delta-10 molecules are very similar in structure and can produce similar effects as Delta-9, though typically at a lower intensity. 

Learn more about hemp-derived Delta-9 THC here: Is Hemp-Derived Delta-9 Legal in America?

Does the Farm Bill make Delta-8 THC legal everywhere? 

For many years in the U.S., cannabis was illegal according to federal law whether or not it contained THC, the main psychoactive chemical that occurs naturally in the plant. In the 2010s, the United States Congress enacted two groundbreaking pieces of legislation, called “Agricultural Acts” and commonly known as the Farm Bills. 

These Bills recognized that hemp with very low Delta-9 THC concentration is distinct from higher-THC cannabis. In addition to the hemp plant, hemp extracts and hemp products, including THC isomers, are also fully allowed by the Farm Bills.

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Thank a hemp farmer

The 2014 Farm Bill removed hemp from the Drug Enforcement Agency (DEA) list of Schedule 1 substances, and this was the seed of hemp’s recent legally produced resurgence. The Bill made hemp federally legal and allowed long-forbidden research into hemp-derived cannabinoids to begin in earnest.

The 2018 Farm Bill expanded on this, allowing people to produce, sell, and consume hemp-derived products, making it clear to legal experts that all other plant materials and substances derived from legally-defined hemp are also federally-compliant [1].

The federal legislation defines cannabis plants with less than 0.3% of Delta-9 THC per dry weight as hemp plants, and allows hemp in all 50 states. A plant with more than 0.3% Delta-9 THC per dry weight is defined as marijuana, and federal law still treats marijuana products as controlled substances on the DEA’s Schedule 1 list.

This is despite the fact that many states do allow medical use and/or adult recreational use of marijuana containing much more than 0.3% Delta-9 THC. 

Hemp is not a controlled substance

The Farm Bill, from the federal government, defines hemp as: 

Hemp.–The term `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.

Most states passed similar laws in the year or years following the Farm Bill’s enactment. Most of these adopted the same definition of hemp, and legalized hemp products. So they are no longer DEA controlled substances at the federal level.

To learn about Delta-8 in Wisconsin’s neighboring states, check out Is Delta-8 Legal in Illinois?, Is Delta-8 Legal in Michigan?, and Is Delta-8 Legal in Minnesota?

For all 50 states, read Is Delta-8 THC Legal in Your State?

Downtown Madison, Wisconsin with Delta-8 in Wisconsin text, Earthy Select logo

Does Wisconsin have medical marijuana?

Much of the country has access to medicinal marijuana. In Wisconsin, there is a unique type of medical marijuana program, much different than what other medical states have come up with. Wisconsin permits CBD oil for medical use, if approved by a qualified medical provider [2]. Other forms of medical cannabis aren’t part of the rules.

Does Wisconsin have recreational marijuana?

No, adult use of marijuana for recreational purposes is illegal in Wisconsin. “Marijuana is a Schedule I hallucinogenic substance under the Wisconsin Uniform Controlled Substances Act [3].

Decriminalization efforts

Many jurisdictions in Wisconsin have successfully passed legislation to decriminalize small (or larger) quantities of marijuana. Some of these areas are: Madison, Milwaukee, Eau Claire, and Green Bay [4].

Is Delta-8 THC legal under Wisconsin state law?

In Wisconsin, hemp-derived Delta-8 THC is legal according to state law and federal law.

Hemp was crucial to the World War II effort in the U.S., and in the 1940s, Wisconsin farmers led the nation in hemp production. Cannabis was banned by Wisconsin lawmakers, along with the rest of the country, in 1970, but production began again in 2018 [5]. This followed the passage of Act 100 in 2017. Act 100 was Wisconsin’s industrial hemp bill which was made possible by the 2014 Farm Bill, as mentioned above [6].

Following the reclassification of hemp and marijuana by the DEA, Chapter 961 of the Wisconsin Uniform Controlled Substances Act was approved. It follows the federal Farm Bill definitions, and clearly states that THC from hemp is not a controlled substance [7].

Furthermore, under Wisconsin Statute 94.55 (2017), “a person may plant, grow, cultivate, harvest, produce, sample, test, process, transport, transfer, take possession of, sell, import, and export hemp in this state to the greatest extent allowed under federal law [8].”

Menominee Indian Reservation

In 2015, the Menominee Indian Reservation voted to legalize cannabis for recreational use and for medical use. The Reservation falls under different laws than the rest of Wisconsin does [4].

Where do you buy Delta-8 in Wisconsin?

Delta-8 products are available in dispensaries and shops across the state especially in major metropolitan areas like Milwaukee, Green Bay and Kenosha. For the best quality, backed up by third party testing and COAs, order online from Earthy Select. We offer fast nationwide shipping of Delta-8 vape pens, gummies, tablets and other products from our online shop.

Order Earthy Select Delta-8 Delta-10 THC Oils

Parting thoughts on Delta-8 in Wisconsin

Delta-8 THC is one of the many innovations to come from the resurgence of industrial hemp research and production in the United States.

Wisconsin has supported the legal status of hemp, and the industry processing hemp plants into CBD products and other extracts for some time. Folks can make their own choices about cannabinoids like Delta-8 THC with the confidence that state and federal law has their back. As the state motto says, “On, Wisconsin!”

Medical Disclaimer / Legal Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a legal professional nor a medical expert. You should check with your local authorities and medical providers before buying or using any products.


  1. HIA Position Statement on Delta-8 and Hemp Cannabinoids
  2. 2017 Wisconsin Act 4
  3. NORML: Wisconsin Penalties
  4. Wikipedia: Cannabis In Wisconsin
  5. Wisconsin New Hemp Industry Blooms – Will Marijuana Be Far Behind?
  6. 2017 Wisconsin Act 100
  7. Wisconsin THC Statues
  8. Wisconsin THC Statues

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Frequently Asked Questions

Yes, the Farm Bill permits this. Though products are federally-compliant, individual states may have their own regulations about purchasing or using hemp-based THC products, and these are subject to change. You should check your state and local rules before ordering.

People may feel high after using THC products. Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

A certificate of analysis (COA) is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides. It is a useful tool for companies and customers to ensure quality and trust.

When using hemp products like Delta-8, Delta-9, and Delta-10 THC, users report feelings of relaxation, creativity, focus and pleasure. Some people like to compare the effects to those of traditional adult-use cannabis products.

The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.