Is Delta-8 THC Legal in Wisconsin?

By | Updated on October 5, 2023

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Although Wisconsin isn’t very friendly to cannabis, hemp-derived products like delta 8 are allowed. Here’s a detailed breakdown of delta 8 legality in the Badger State.


Delta-8 THC is legal in Wisconsin, except for city of Rhinelander.

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Wisconsin Delta-8 THC Laws

Like most states, Wisconsin legalized hemp and hemp products in alignment with federal laws. According to the state’s legal definitions:

“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.

Wisconsin Statutes, Plant Industry

Since delta-8 is technically a hemp derivative with less than 0.3% delta-9 THC, it fits under this definition. On top of that, Wisconsin explicitly excludes hemp and hemp-derived THC from the state’s list of controlled substances:

“Marijuana” does not include hemp, as defined in s. 94.55 (1).

(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…

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

Wisconsin Uniform Controlled Substances Act

As a result, hemp-derived delta 8 THC is legal in Wisconsin. The only exception is the small city of Rhinelander, which banned the sale of delta 8 and delta 10 products on November 8, 2021.

What is Delta-8 THC?

Delta-8 is a form of THC, the intoxicating cannabis compound. It’s similar to delta-9, the most common type of THC naturally produced by cannabis plants.

Although delta-8 has all of the classic effects of THC, it’s significantly weaker than delta-9 THC (1). And because its levels in cannabis are low, delta 8 is typically made from hemp-derived CBD through a chemical process.

Why Delta-8 THC is Federally Legal

The 2018 Farm Bill legalized hemp products nationwide. 

But it also left a loophole allowing for hemp-derived delta 8 because the bill only limits the delta-9 THC levels of hemp products to 0.3%. Other types of THC are not limited.

As a result, manufacturers can take pure hemp-derived CBD and turn it into legal delta-8 THC through a chemical isomerization process.

States Where Delta-8 THC is Illegal

Every state can make its own laws and regulations for delta 8.

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Wisconsin

Delta 8 is likely to stay legal in Wisconsin.

The state’s Department of Agriculture, Trade, and Consumer Protection said in April 2021 that it wasn’t sure whether delta 8 is legal. The department was waiting on the DEA to make a ruling or statement about delta 8.

Since then, the DEA has made two separate statements that hemp-derived delta 8 is not a controlled substance. That’s why we don’t think Wisconsin will ban delta 8 anytime soon.

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