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Wisconsin Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

John Carter

Written by: John Carter

Updated on June 1, 2024

Wisconsin Weed Legality

Is Delta 9 Legal in Wisconsin?

Delta 9 THC is legal in Wisconsin as long as it is derived from hemp and the concentration of Delta 9 THC does not exceed 0.3% by dry weight. This legality stems from the federal Farm Bill of 2018, which legalized the production of hemp nationwide, and Wisconsin has adopted these regulations accordingly. Products containing hemp-derived Delta 9 THC with a concentration at or below 0.3% can be legally purchased in the state, according to Wis. Stat. § 94.55. Let’s take a look at some of the specifics of Wisconsin’s hemp laws:

The 2018 Farm Bill

The 2018 Farm Bill marked a significant shift in federal policy regarding hemp, differentiating it legally from marijuana, which is known for its high THC content. This legislation authorized the widespread cultivation and commercialization of hemp and hemp-derived products, such as CBD oils and THC gummies compliant with the federal limit. The Bill stipulates that federally legal hemp products must contain less than 0.3% THC by dry weight, sourced exclusively from industrial hemp. This pivotal move also removed hemp from the DEA’s list of Controlled Substances.

Each state has the autonomy to regulate hemp-derived products within its borders. States can submit their regulatory plans to the U.S. Secretary of Agriculture, detailing procedures for the cultivation and oversight of hemp, including land tracking, testing, and enforcement protocols.

Wisconsin Senate Bill 188 and Act 68

Following the passage of the 2018 Farm Bill, Wisconsin enacted Senate Bill 188, known as the 2019 Wisconsin Act 68. Signed into law by Governor Tony Evers in November 2019, this legislation aligns with the federal law by legalizing the growth, production, and sale of industrial hemp and certain hemp-derived THC and CBD products in Wisconsin.

Act 68 defines hemp as the plant Cannabis sativa L., including its seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers. It specifies that hemp must have a THC concentration of no more than 0.3% on a dry weight basis or up to 1% if federal law allows. Under this act, hemp is removed from the definition of marijuana and the list of illegal drugs under the state’s Controlled Substances Act.

The Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) is authorized to issue licenses for various hemp-related activities, including planting, growing, cultivating, harvesting, processing, and selling. The DATCP also sets licensing requirements and fees and can suspend or revoke licenses if necessary.

Medical Marijuana in Wisconsin

Despite the progress in hemp regulation, Wisconsin remains conservative regarding marijuana, especially for medicinal use. Recreational and medical marijuana are still illegal in the state. Only low-THC cannabis oil (CBD oil) is allowed for medical use under Lydia’s Law (Wisconsin Act 267), enacted in 2013 and amended in 2014. This law permits individuals with specific medical conditions to possess non-psychoactive CBD oil with a physician’s certification.

Summary on Delta 9 THC Legality

In Wisconsin, Delta 9 THC products are legal if they are derived from hemp and contain no more than 0.3% THC on a dry weight basis. This regulation is a direct consequence of both federal and state laws that distinguish hemp from marijuana based on THC content. The legal framework allows the production, sale, and possession of such products under the stipulated THC threshold, ensuring compliance with both the 2018 Farm Bill and Wisconsin Act 68.

Is Delta 8 Legal in Wisconsin?

Delta 8 THC is legal in Wisconsin under both state and federal law, according to the 2018 Farm Bill, which legalized hemp-derived products nationwide. This legislation defines hemp as any cannabis plant containing 0.3% Delta 9 THC or less on a dry weight basis.

In Wisconsin, while there are no specific laws that address Delta 8 THC directly, the general legality of hemp-derived products under state law implies that Delta 8, being a cannabinoid derived from legally defined hemp, is also legal. However, it’s important for consumers to ensure that the Delta 8 products they purchase are derived from hemp and not from marijuana, which remains illegal in Wisconsin under both medical and recreational contexts.

The state has strict marijuana laws, and possession of marijuana-derived substances can lead to severe penalties. Therefore, it’s crucial to buy Delta 8 products that clearly meet the legal hemp definition to avoid any legal issues related to marijuana regulations.

Is THCA Legal in Wisconsin?

In Wisconsin, the legality of THCA (tetrahydrocannabinolic acid) depends on its potential to convert into THC (tetrahydrocannabinol) when heated or decarboxylated. According to the 2021 amendment to the Farm Bill, hemp-derived products are considered legal only if the total THC content, including potential conversion from THCA, remains below 0.3% on a dry weight basis.

Since Wisconsin adheres to these federal regulations, THCA products are illegal in the state if the converted total THC content exceeds the 0.3% threshold. This makes the legality of THCA contingent not only on its current state but also on its potential to convert into THC, which could render the product non-compliant with the law. Thus, residents of Wisconsin should exercise caution when purchasing or possessing THCA products, ensuring they do not inadvertently violate federal and state laws regarding THC content.

What are the Differences between Delta 9 THC, Delta 8 THC, and THCA?

What is Delta 9 THC?

Delta-9-tetrahydrocannabinol (Delta-9 THC) is the primary psychoactive compound found in marijuana, known for producing strong intoxicating effects. It interacts with receptors in the brain, influencing areas responsible for memory, pleasure, coordination, and perception. Users often experience euphoria, relaxation, and sensory alteration, alongside potential side effects like anxiety, paranoia, and impaired motor skills. Delta-9 THC is also valued medically for its effectiveness in relieving pain, reducing nausea, stimulating appetite, and improving muscle control.

What is Delta 8 THC?

Moving to Delta-8 THC, this cannabinoid is structurally similar to Delta-9 THC but with a slightly altered molecular configuration. Although it is derived from cannabis plants just like Delta-9, Delta-8 THC tends to have milder psychoactive effects. It also activates the endocannabinoid system, leading to relaxation and euphoria, but with fewer cognitive distortions, making it a popular choice for those seeking less intense effects. As with any cannabis-derived product, the legal status of Delta-8 THC varies, and it is important for consumers to be informed about the laws in their area.

What is THCA?

Shifting focus to THCA, or tetrahydrocannabinolic acid, this compound is the non-psychoactive precursor found in raw and live cannabis. Unlike its decarboxylated counterparts, THCA does not produce a high, but it offers significant health benefits, particularly when consumed raw. Known for its anti-inflammatory and neuroprotective properties, THCA has been utilized in treating conditions such as arthritis, seizures, and even certain neurodegenerative diseases. It’s also being explored for its potential to slow cancer cell growth, underscoring its importance in medical research and therapeutic applications.


  1. THCA is most beneficial when consumed in its raw form, such as through cannabis juicing.
  2. Its therapeutic effects extend to various conditions, including neurodegenerative diseases and cancer.
  3. Research supports the potential of THCA as a neuroprotectant and anti-cancer agent, highlighting its significance in medical cannabis applications.

Difference Between Delta 9 THC, Delta 8 THC, and THCA

Delta 9 THC, Delta 8 THC, and THCA are derived from the cannabis plant but has distinct characteristics and implications for users. Delta 9 THC is well-known for its strong psychoactive effects and is the most prevalent form of THC in cannabis. Delta 8 THC offers a less potent alternative with milder effects, while THCA is a non-psychoactive precursor that holds significant therapeutic potential. Below is a detailed table that breaks down these differences to provide a clearer picture of each cannabinoid’s unique attributes:

Feature Delta 9 THC Delta 8 THC THCA
Psychoactive Effects Strong; induces euphoria and sensory alterations. Milder than Delta 9; induces relaxation and euphoria with less intensity. Non-psychoactive in its raw form.
Medical Uses Pain relief, nausea reduction, appetite stimulation, muscle control improvement. Similar to Delta 9 but used by those preferring milder effects. Anti-inflammatory, neuroprotectant, potential cancer growth inhibitor.
Legal Status Illegal federally, but legal for medical and recreational use in some states. Illegal in Wisconsin except for non-psychoactive forms for medical use under specific conditions. Legal in Wisconsin as long as it is derived from hemp and meets the federal requirement of less than 0.3% Delta 9 THC. Legal in Wisconsin if derived from hemp and the potential converted THC content remains below 0.3%.
Chemical Structure Contains a double bond on the ninth carbon chain. Contains a double bond on the eighth carbon chain, altering its effects slightly. Acidic precursor to THC, not psychoactive unless decarboxylated.
Popular Forms Smoked, vaped, or as edibles and oils. Vaped, edibles, oils, and tinctures. Raw cannabis juices, tinctures.
Side Effects Anxiety, paranoia, dry mouth, red eyes, increased heart rate. Typically fewer side effects than Delta 9. None when consumed in raw form as it’s non-psychoactive.
Consumer Preference Preferred by those seeking strong effects and medical benefits. Chosen for less intense psychoactive effects and legal availability. Used mainly for its health benefits without the high, especially in raw cannabis forms.

The content provided on this website is for general informational purposes only and is not intended to serve as legal advice or as a definitive statement of the law. While we strive to maintain accurate and up-to-date information, the legal status of the topics discussed can vary by state and may change over time. Consequently, the information provided here may not reflect the most current legal developments. We do not encourage or discourage the purchase of any products based on the information presented. Before making any decisions related to legal matters, we strongly advise consulting with a qualified attorney in your jurisdiction to obtain advice tailored to your specific circumstances.

John Carter
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Further Reading
Map of Recreational Weed Legality by States


Map of Recreational Weed Legality by States – Updated May 2024

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Florida Weed Legality


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Georgia Weed Legality


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Tennessee Weed Legality


Tennessee Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

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Indiana Weed Legality


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Ohio Weed Legality


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