Is Delta 8 THC Legal in Wisconsin? Legal Loopholes & Uncertainty

delta 8 wisconsin

Is delta 8 THC legal in Wisconsin? You’ve probably encountered D8 THC products in local CBD shops and want to know their legal status. 

Let’s take a look at the legality of hemp-derived delta 8 THC and where to buy the best products.

Last Update: March 8, 2024


  • Hemp-derived delta 8 THC is legal in Wisconsin. The state hasn’t explicitly banned the sale, use and possession of products containing this cannabinoid.
  • You can order hemp-derived delta 8 THC products online or in local shops without any restrictions.
  • Wisconsin updated its hemp laws as per the 2018 Farm Bill, making hemp-derived cannabinoids legal in this state.
  • Under Wisconsin’s Controlled Substances Act, hemp tetrahydrocannabinols are exempted from the list.
  • Mr. Hemp Flower offers premium delta 8 products for the Wisconsin marketplace, including gummies and pre-rolls.

Is Delta 8 THC Legal in Wisconsin? 

Hemp-derived delta 8 THC is legal in Wisconsin.

Unlike other states, Wisconsin hasn’t explicitly banned the distribution and sale of delta 8 THC.

After the Hemp Farming Act, the state legalized hemp and its derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers with a delta 9 THC concentration of not more than 0.3%. 

Aside from an update to its hemp laws to match federal legislation, Wisconsin also revised its Controlled Substances Act. The Badger State included a specific exemption for tetrahydrocannabinols derived from hemp to the Act. This means that, for now, D8 THC is not a controlled substance in Wisconsin. 

The law doesn’t define possession limits or age restrictions for hemp cannabidiol (CBD) products. But, many retailers have been selling delta 8 THC only to people over 21.

Read more: State-by-State Legality of Delta 8 THC.

Where to Buy Delta 8 THC in Wisconsin?

Although you can find D8 THC at local shops in Wisconsin, the safest route to picking top-shelf products is to buy online. If you’ve seen cheap D8 offered at unlicensed outlets like convenience stores and gas stations, avoid buying it. 

The D8 THC market is largely unregulated. Unless the vendor can show you detailed labs about what’s in the product you’re buying, you should probably stay away from that brand. 

What makes Mr. Hemp Flower different are our tested, safe, quality hemp cannabinoid products including D8 THC. The connection that we have with our customers is built on trust and transparency developed throughout the years.

We offer a carefully screened line of delta 8 THC products, including our best sellers delta 8 Gummies, soft gel capsules, and hemp flower. On each product page, you’ll find labs that show the levels of cannabinoids in the product. 

Our team collaborates with licensed hemp farmers and licensed third-party labs to maintain high-quality standards. We’ve been in the game since 2016 and place our focus on developing whole-plant hemp cannabinoid products.

If you’re looking for a trusted supplier that offers beneficial cannabinoid products, Mr. Hemp Flower’s are a must-try.

What is Delta 8 THC? 

Delta 8 tetrahydrocannabinol is a minor hemp cannabinoid naturally produced by the hemp plant. This chemical compound is very similar to Delta-9 THC and is known to produce a milder intoxication. Also, this compound is known to exhibit less intense side effects compared to D9 THC. 

D8 THC helps with nausea, anxiety, stimulates appetite, and relieves pain. The feelings caused by D8 is mild and energetic because it’s twice less potent than its cousin delta 9 THC. Users describe D8 as clear-headed, productive, without the typical anxiety and paranoia caused by traditional THC. 

Delta 8 THC and Federal Law 

Manufacturers continue to offer delta 8 THC products regardless of the legal woes. The legal confusion stems from the chemical conversion of hemp-derived cannabidiol (CBD) into D8 THC. 

The hemp plant contains insufficient amounts of D8 THC, which makes it challenging for extractors to obtain the compound using organic extraction. So, as a replacement, they convert hemp-derived cannabidiol (CBD) into D8 using isomerization. 

In August 2020, the Drug Enforcement Administration (DEA) released its Interim Final Rule regarding the implementation of the Hemp Farming Act. In the Rule, the agency states that “all synthetically derived tetrahydrocannabinols remain schedule I controlled substances.”

Historically, the DEA has been employing hostile behavior towards cannabis. So this statement made it a very real possibility that the DEA would treat delta 8 THC chemically created from hemp CBD, a synthetic cannabinoid and an illegal Schedule I controlled substance. 

The statement made in the Rule opened a heated debate whether D8 made from CBD is a “synthetic” cannabinoid. Most experts agree that because D8 is made from naturally extracted hemp CBD doesn’t fall under the category of “synthetic.” Synthetic THCs like Spice and K2 are made from non-organic sources and cause intense, dangerous effects.  

Nonetheless, until the feds address the uncertainties around D8 THC or explicitly define the term “synthetic,” the legality of this cannabinoid remains in limbo.

Final Thoughts

Delta 8 THC is legal to buy in Wisconsin. The Badger State hasn’t explicitly banned the manufacture, distribution, and sale of D8 products. Residents of Wisconsin can order a wide range of D8 items online and have them delivered to the safety of their homes.  

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Be Sure to Check Out: 

All Our D-8 THC Products

Delta 8 Gummies

Our Top D-9 THC Products


D-8 THC is still legal to buy in Wisconsin. The Badger State hasn’t explicitly banned this cannabinoid, so residents can purchase a range of D-8 products online legally.   

The best place to buy a safe D-8 that’s been properly handled and stored is online. Mr. Hemp Flower offers top-shelf, lab-tested D-8 products. 

Get it till it’s available! Residents of the Badger State can shop a range of D-8 products online safely and discreetly.

No, so far, 15 states have banned or restricted D-8 THC, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington.

Yes. D-8 THC is considered a generally safe hemp cannabinoid, but more research is needed. The main danger from D-8 comes from potentially contaminated and improperly handled products.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

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