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Is Delta 9 Legal in Wisconsin

Is Delta 9 Legal in Wisconsin?

Explore the legality of Delta 9 in Wisconsin, understand state restrictions on marijuana, and discover the legal status of CBD.

is delta 9 legal in wisconsin

Wisconsin, often celebrated for its dominant role in the dairy industry, might also bring to mind the beloved characters from the fictional town of Point Place — Eric, Donna, Jackie, Kelso, Hyde, and Fez — who famously hung out in the Formans' basement, a setting fitting for the theme of this article.

Recently, the Badger State has started to gain recognition for more than just dairy, in a development that the aforementioned TV gang would likely appreciate.

Following the federal legalization of hemp and its derivatives, including delta 9, many states have aligned with this stance by legalizing these compounds. However, some states have chosen to ban or place strict restrictions on these plant-derived substances.

This raises the question: What is the legal status of delta 9 in Wisconsin, also known as America’s Dairyland?

Is Delta 9 Legal in Wisconsin?

To understand the legality of delta 9 in Wisconsin, it's crucial to first examine the implications of the 2018 Farm Bill, also known as the Agriculture Improvement Act. This legislation distinguished between marijuana and hemp by defining hemp as cannabis plants that contain no more than 0.3% THC on a dry-weight basis. Plants with THC levels exceeding this threshold are classified as marijuana.

While the Farm Bill greatly benefited the hemp industry, it did not change the illegal status of marijuana, which remains a Schedule I controlled substance. Recently, however, the Biden administration has indicated a desire in a statement to reevaluate the federal stance on marijuana. 

is delta 9 legal in wisconsin

This includes plans to pardon all federal simple marijuana possession offenses and a call for states to follow suit, as well as a review of marijuana’s classification as a Schedule I drug. For the time being, only hemp-derived cannabinoids, including delta 9, are considered federally legal.

Despite federal acceptance of hemp and its derivatives, some states have chosen to either ban or impose restrictions on hemp-derived cannabinoids. Turning our focus to Wisconsin, known as America’s Dairyland, what is the legal status of delta 9 there?

According to section 94.55 of Wisconsin’s Statutes & Annotations, hemp products, including those containing delta 9 THC, are legal as long as the THC concentration does not exceed 0.3% on a dry weight basis.

The state legally defines hemp as any part of the plant, including seeds and all derivatives, extracts, cannabinoids, and isomers, as long as they do not exceed the 0.3 percent THC threshold.

Delta 9 in Wisconsin: Detailed Insights

While Delta 9 derived from hemp is legal in Wisconsin, the state maintains a strict stance against recreational marijuana. Possession of marijuana is illegal and carries significant penalties.

Being caught with marijuana in Wisconsin is a misdemeanor, with potential penalties including up to six months in jail and a $500 fine. For those with prior offenses, the consequences escalate dramatically, with possible imprisonment up to 3.5 years and fines reaching $10,000.

In Milwaukee County, there have been efforts to mitigate these penalties; the first offense for possessing 25 grams or less is punishable by only $1 plus court costs. However, any subsequent offenses, while treated similarly at the county level, may still trigger severe state penalties.

Outside of Milwaukee County, the penalties remain severe, underscoring the strict anti-marijuana laws statewide.

Currently, the only way to legally enjoy the psychoactive effects of cannabis in Wisconsin is through hemp-derived Delta 9 products. As a consumer, it’s crucial to discern between high-quality and inferior Delta 9 products to ensure safety and satisfaction.

Delta 9 Legality in Wisconsin vs. Other States

The legal landscape for Delta 9 THC, the primary psychoactive component in cannabis, varies widely across the United States. In Wisconsin, while Delta 9 derived from hemp (containing less than 0.3% THC by dry weight) is legal, recreational marijuana remains illegal. This puts Wisconsin among the states with more conservative cannabis policies.

Wisconsin's Stance: In Wisconsin, possession of marijuana can lead to significant penalties, including up to six months in jail and a $500 fine for a first offense. Subsequent offenses can escalate to 3.5 years in prison and fines up to $10,000.

Comparison with Other States:

  • California and Colorado: Both states have fully legalized cannabis for medical and recreational use. Residents and visitors can purchase and possess cannabis from licensed dispensaries.
  • Illinois: Neighboring Illinois has legalized marijuana for both medical and recreational use, reflecting a significant policy divergence from Wisconsin.
  • Texas and Florida: Both states have restrictive cannabis laws similar to Wisconsin, although Florida allows for medical use with high THC levels under certain conditions. Texas, however, only permits medical cannabis with very low THC content.
  • New York: Recently legalized recreational marijuana, allowing adults to use and possess cannabis. This represents a major shift in policy reflective of a broader national trend towards legalization.
is delta 9 legal in wisconsin

Here’s a comparative table outlining the legal status of Delta 9 THC in Wisconsin and other key states:

State Legal Status of Marijuana Notes
Wisconsin Illegal Hemp-derived Delta 9 under 0.3% THC is legal
California Legal Legal for medical and recreational use
Colorado Legal One of the first states to legalize
Illinois Legal Legal for medical and recreational use
Texas Medical Only Very restrictive, low THC content allowed
Florida Medical Only Allows higher THC for medical purposes
New York Legal Recently legalized for recreational use 

Wisconsin Medical Cannabis vs. Hemp-Derived Delta 9

The gap between public opinion and legislative action in Wisconsin is strikingly apparent. Even traditionally conservative states like Alabama and Mississippi have established effective medical cannabis programs, leaving Wisconsin as somewhat of an outlier in the nation. There is a strong desire among Wisconsinites for legal and easily accessible medical cannabis, and there is hope that this will soon become a reality.

In the interim, Wisconsin residents can find some solace in the state's hemp legislation, which permits the use of delta 9 products and other hemp-derived cannabinoids as long as they do not exceed 0.3% THC content.

While delta 9 derived from hemp and delta 9 derived from marijuana are chemically the same molecule, they differ legally in the amount of THC they can contain. Off the record, consuming sufficient amounts of hemp-derived delta 9 can produce effects similar to those of marijuana.

Shipping Delta 9 Products to & From Wisconsin

When it comes to shipping Delta 9 products, like delta 9 gummies, to and from Wisconsin, understanding the legal and logistical nuances is crucial for compliance and efficient operations. Here's what you need to know:

Legal Compliance

  • State and Federal Laws: Ensure all Delta 9 products comply with both Wisconsin state laws and federal regulations, which require that hemp-derived Delta 9 contains no more than 0.3% THC on a dry weight basis.
  • Interstate Commerce: While federal law allows for the interstate commerce of hemp-derived products, ensure that the destination state also allows the sale and possession of these products to avoid legal complications.

Carrier Policies

  • Carrier Restrictions: Different carriers have varying policies regarding the shipment of hemp-derived products. Always verify with your carrier to ensure they can legally transport your Delta 9 products to the intended destination.
  • Documentation: Maintain thorough documentation, including lab results and certificates of analysis, that prove your products are compliant with THC levels. This documentation may be required by carriers or state authorities during transportation.

Secure Packaging

  • Discreet and Secure Packaging: To protect the product and ensure privacy, use packaging that is secure and discreet. Proper packaging prevents contamination, damage, and theft.

Things to Consider When Buying Delta 9 in Wisconsin

Purchasing Delta 9 in Wisconsin requires attention to several important factors to ensure safety, legality, and product quality:

Legal Considerations

  • Legal Limits: Only purchase Delta 9 products that contain less than 0.3% THC, as per Wisconsin law. This ensures the product is legally classified as hemp.
  • Source Verification: Buy from reputable sources that provide proof that their products are derived from legally compliant hemp.

Product Quality

  • Lab Testing: Choose products that have been tested by third-party laboratories for purity and compliance. These tests should check for THC levels, pesticides, heavy metals, and other contaminants.
  • Product Reviews and Reputation: Research the brand and product reviews to gauge the quality and efficacy. Established brands with positive reviews are generally more reliable.

Consumer Safety

  • Understand the Effects: Be aware of the effects of Delta 9, especially if you are new to using hemp-derived products. Start with lower doses to understand how your body reacts.
  • Consult Healthcare Providers: If you are using Delta 9 for health-related purposes, consult with a healthcare provider to ensure it is appropriate for your condition and will not interact adversely with other medications.

Growth of Wisconsin's Cannabis Market: Delta 9 and the Absence of Medical Marijuana

Wisconsin permits the sale and use of hemp-derived cannabinoids like delta 9, yet it lacks a comprehensive medical marijuana program. Despite numerous legislative efforts to establish such a program, none have successfully passed.

Overview of Medical Cannabis Laws in Wisconsin

Wisconsin's approach to medical cannabis is limited to a CBD-only law. Assembly Bill 726, known as Lydia’s Law, was enacted in 2014, providing legal protection for individuals with seizure disorders possessing CBD that is non-psychoactive and physician-approved. In 2017, this legislation was broadened by Act 4, which allowed patients with any medical condition to access CBD oil.

Lydia’s Law permits physicians and pharmacies to prescribe and dispense CBD for epilepsy treatment, contingent on FDA approval or changes to CBD’s classification under federal law. The 2018 Farm Bill further facilitated access to CBD products for Wisconsinites.

is delta 9 legal in wisconsin

Comparatively, Wisconsin's neighboring states like Michigan and Illinois have embraced more progressive cannabis policies, including full recreational legalization. Minnesota and Iowa also have established medical cannabis programs, highlighting Wisconsin's relative conservatism in cannabis legislation.

Despite strong public support for more progressive cannabis laws—evidenced by significant voter approval in multiple referendums for medical and adult-use cannabis—legislative actions have consistently stalled.

In 2022, the legislative session ended without advancing any cannabis-related bills, although a post-session hearing on medical cannabis was conducted in April. With the legislative session concluded, progression on this front remains uncertain.

The disconnect between Wisconsin lawmakers and the electorate is apparent, with high voter support for cannabis reform not yet translating into legislative action. As neighboring states move forward, Wisconsin remains an outlier in the region regarding cannabis legalization.


In Wisconsin, while the state has embraced the legality of hemp-derived Delta 9 THC, it remains stringent on broader cannabis laws, particularly concerning medical and recreational marijuana.

Efforts to establish a comprehensive medical marijuana program have repeatedly stalled, and recreational use is still firmly illegal. This conservative stance places Wisconsin behind its neighboring states, which have moved forward with more progressive cannabis policies.

For residents interested in the therapeutic potentials of cannabis, the current legal framework offers limited options, primarily confined to CBD and hemp-derived products.

As public opinion continues to favor more liberal cannabis laws, only time will tell if legislative actions will align with voter preferences.


Are there any restrictions on the types of Delta 9 products available in Wisconsin?

While hemp-derived Delta 9 products are legal, they must comply with the federal limit of less than 0.3% THC. Products exceeding this threshold are illegal.

What are the penalties for possessing marijuana-derived Delta 9 THC in Wisconsin?

Possessing marijuana-derived Delta 9 THC can lead to a misdemeanor charge, punishable by up to six months in jail and a $500 fine for first-time offenders.

Is there a legal difference between Delta 9 THC from hemp and marijuana in Wisconsin?

Yes, the legal distinction lies in the THC content; hemp must contain less than 0.3% THC, while marijuana typically exceeds this amount and is illegal.

How does Wisconsin regulate the sale of Delta 9 THC products?

The sale of hemp-derived Delta 9 products is regulated under hemp laws, requiring compliance with THC content limits.

Can I legally grow hemp to produce Delta 9 THC products in Wisconsin?

Yes, you can grow hemp legally in Wisconsin for Delta 9 THC production if you have the appropriate state licenses.

What should I look for to ensure my Delta 9 THC product is legal in Wisconsin?

Ensure any Delta 9 THC product is hemp-derived and contains less than 0.3% THC, and always buy from reputable sources that provide product testing information.

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