March 5, 2022

Jeff Johnson

Cannabis

Let’s Talk Delta-8 State Legality: Wisconsin

Wisconsin is conservative when it comes to most things. The state has yet to legalize even medical marijuana unlike their neighbors Illinois and Michigan. This doesn’t necessarily mean that those in the state of Wisconsin don’t want cannabis, it’s the contrary. Your first offense is a misdemeanor but can lead to $1000 fine and up to six months in prison. Wisconsin political figures are against any of those decisions but they decided to revise their laws to fit the Federal Farm Bill of 2018. Remember, that like traditional marijuana—states can financially thrive from hemp because it is a farm state. There are no possession limits but as always keep your paperwork with you so you can prove that it is Delta 8 THC.

Yes, Delta-8 is legal in Wisconsin.

CHAPTER 94 – PLANT INDUSTRY

94.55 Hemp.

(1) Definition. In this section, “ 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 or the maximum concentration allowed under federal law up to 1 percent, whichever is greater, as tested using post-decarboxylation or other similarly reliable methods. “Hemp” does not include a prescription drug product that has been approved by the U.S. food and drug administration.

CHAPTER 961 – UNIFORM CONTROLLED SUBSTANCES ACT

961.01(14)

(14) “Marijuana” means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana” does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination. “Marijuana” does not include hemp, as defined in s. 94.55 (1).

961.14(4)(t)

(t) Tetrahydrocannabinols, commonly known as “THC”, in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized,

except that tetrahydrocannabinols do not include any of the following:

1. 
   

   Tetrahydrocannabinols contained in a cannabidiol product that is dispensed as provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32 (2m) (b).

   
   
2. 
   

   Tetrahydrocannabinols contained in fiber produced from the stalks, oil or cake made from the seeds of a Cannabis plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of a Cannabis plant which is incapable of germination.

   
   
3. 
   

   Tetrahydrocannabinols contained in hemp, as defined in s. 94.55 (1).