Are delta-8, delta-10 and other hemp products safe and legal in Wisconsin? What to know (2024)

John Diedrich, Milwaukee Journal Sentinel | Ashley Okwuosa, The Examination | Amy Yurkanin, AL.com

This story is published as part of the series Highly Legal, in partnership with The Examination, a nonprofit newsroom that investigates global health threats, and AL.com, PennLive and USA TODAY. Our team is continuing to report on new cannabis products and we want to hear from you. Share your experience or questions with us here.

Is delta-8 real weed?

Delta-8 is extracted from hemp, a cannabis plant that contains low levels of delta-9 THC, the psychoactive compound associated with marijuana. In recent years, manufacturers have found ways to chemically extract it, and similar compounds, adding them to gummies, vapes and more.

Is delta-8 legal? And how?

Through the 2018 farm bill, Congress legalized hemp, a variety of cannabis plant with low levels of THC. Chemical processing yields a concentrated, and potent THC extract. Products made with that extract are also supposed to contain the same low levels of THC, but that isn’t always the case. Though marketed as “farm bill compliant,” the products remain in a legal gray area. Regulators and state law enforcement officials have called on Congress to clarify the law.

Can delta-8 make you high?

It depends on the dosage, and sometimes the person. The compound acts much like traditional marijuana: Low-dosage products may deliver a mild buzz, or none at all. High-dosage products, or low-dosage products taken in greater quantities, can deliver a powerful high.

More:Marijuana is illegal in Wisconsin. Its chemical cousins delta-8 is already here — and making some people sick.

How safe is delta-8?

Put simply: we don’t know. The U.S. Food and Drug Administration does not test hemp products, and the agency says it has ”limited tools for managing many of the risks” associated with these products. Due to inconsistent production, and packaging often containing little or misleading information, it can be easy to unwittingly take too much. Regulators and health experts have also flashed warnings about the ways some delta-8 products are processed.

How old do I need to be to buy delta-8?

There is no federal minimum age for buying or using delta-8, though some states tightly regulate sales or ban them altogether. States like Alabama, Florida, Kentucky, Maryland, Wyoming, and Minnesota restrict the sale to people 21 and older. Some other states, including Wisconsin and Pennsylvania, have no age limit.

What are the possible benefits and harms of delta-8?

An online survey of delta-8 consumers found that most reported feelings of relaxation, euphoria and pain relief. They also said delta-8 was less likely to cause paranoia than marijuana. But the experience can depend on the person, the dosage— or both. As sales have soared to almost $3 billion annually, so have reports of bad reactions, ranging from an unpleasant evening to hospital visits and even cannabinoid-induced psychosis. Poison control centers have also received thousands of calls concerning consumption by teens and children.

Will delta-8 test positive on a drug test?

Delta-8 is very similar chemically to the delta-9 in marijuana. Even though it has a weaker bond to brain receptors, the body still processes it in the same way as marijuana. That means byproducts of delta-8 often show up as marijuana on urine drug screens.

Can I take delta-8 while pregnant or breastfeeding?

The FDA says people should avoid CBD (cannabidiol), marijuana and other cannabis products while pregnant or breastfeeding. Heavy use is associated with low birthweight.

What should I do if my child consumes delta-8 THC?

Call 911 if a child has consumed a delta-8 product and is unable to respond, having difficulty breathing, or having a seizure, America’s Poison Centers says. If a child has consumed a delta-8 product and is not having the life-threatening symptoms described above, a caretaker should call Poison Help (1-800-222-1222). Often, children experiencing symptoms related to consumption of a delta-8 product will need monitoring or treatment at a healthcare facility.

Can I die from delta-8?

A handful of deaths have been potentially linked to delta-8. According to a study published last January, the FDA collected reports of 22 deaths between 2018 and 2021 where delta-8 was present. It was the only substance found in four of the people who died.

You mentioned delta-9 … I’m seeing these products, too. How?

It’s confusing. Delta-9, the psychoactive chemical in marijuana, is also present in low levels in hemp, and can also be extracted and synthesized. By applying the logic of the farm bill, retailers are now flooding physical stores and online sites with delta-9 THC products they say are farm bill compliant. But research has shown that some of these products can contain even more THC than would be allowed in legal marijuana states.

What are delta-10, HHC, THC-JD?

Since delta-8 became legal, a number of new compounds are available for sale. These include delta-10, delta-0, HHC, THC-JD and more. Some are more psychoactive than delta-8, health agencies have said.

Are regulators taking any action?

The FDA has issued warning letters to some producers, but has said its authority to oversee the hemp market is limited and a new regulatory regime is needed. The Drug Enforcement Administration is reviewing if the hemp products should be classified as a prohibited controlled substance. Several states have moved to limit the age or ban the sale of delta-8.

John Diedrich is an investigative reporter with the Milwaukee Journal Sentinel. He can be reached atjdiedrich@gannett.com.

Ashley Okwuosa is a reporter at The Examination on the public health beat. She can be reached atashley@theexamination.org.

Amy Yurkanin is a senior reporter at Al.com covering health care and women’s issues. She can be reached atAYurkanin@al.com.

Are delta-8, delta-10 and other hemp products safe and legal in Wisconsin? What to know (2024)

FAQs

Are delta-8, delta-10 and other hemp products safe and legal in Wisconsin? What to know? ›

Wisconsin has no regulatory system checking delta-8 and other hemp-derived products for safety and quality. Although the gummies and vapes are legal, people who use hemp-based products navigate a sea of potentially mislabeled products, risking bad reactions and exposure to contaminants.

Is Delta 10 legal in Wisconsin? ›

236.05 HEMP-DERIVED CANNBINOID REGULATIONS

(b) It shall be illegal for a person under the age of twenty-one (21) to possess or use any amount of a hemp-derived cannabinoid including delta-8 THC, delta-10 THC, HHC, HHC-O, THCA, THC-O, THCP, or THCV except as specifically allowed by Wisconsin law.

Is delta-8 being banned in Wisconsin? ›

As of January 2024, Delta-8 THC is not explicitly illegal in Wisconsin.

Is delta-8 and Delta 10 safe? ›

Potential Risks and Unknowns

One of the most critical points to understand about Delta 8 THC and Delta 10 is that there is insufficient scientific evidence to fully comprehend their effects on the mind and body, making them potentially harmful and unsafe for consumption.

What delta-8 brands to avoid? ›

These companies should be completely avoided because of the clear lack of testing:
  • BeeZBee.
  • Catskill Hemp Co.
  • Cloud 8.
  • Cosmo.
  • Delta XL.
  • Earthbound Hempz.
  • Miracle Leaf.
  • Palm Trees.

What is stronger delta 8 or 10? ›

It is thought that delta-10 THC has greater potency than delta-8 THC. The cannabinoid's increased ability to affect the cannabinoid receptors produces a stronger psychoactive effect. However, a person's tolerance and the mode of consumption can both affect how potent delta-8 THC is.

How high does Delta 10 get you? ›

Since delta 10 is a form of THC, it has the potential to get you high. A delta 10 high is said to be less intense than delta 9 and delta 8. It's also said to be more of a head buzz than a full body high. Delta 10 THC tends to have a weaker affinity for binding to the CB1 receptors, resulting in milder effects.

Can I smoke hemp in Wisconsin? ›

Hemp-derived CBD is legal in Wisconsin. However, the THC content of the products must be less than 0.3% in order to be legal in the state.

Why is Delta 9 legal in Wisconsin? ›

Is Delta 9 THC Legal in Wisconsin? Yes! As of this writing, all cannabinoids that derive from hemp, including CBD, Delta 8, and Delta 9 are legal in Wisconsin. This is because the 2018 Farm Bill federally legalized the production of hemp and Wisconsin followed suit.

Can you legally fly with delta-8? ›

If your delta 8 vape complies with the flight regulations and you adhere to the airline's rules for storage during the journey, it is legally permissible to travel with it. According to TSA's vaping devices guidelines, electronic smoking devices are allowed only in carry-on baggage.

What are the cons of delta-10? ›

The reported adverse effects include:
  • hallucinations.
  • vomiting.
  • tremors.
  • anxiety.
  • dizziness.
  • confusion.
  • loss of consciousness.
Sep 28, 2022

Which delta is best for anxiety? ›

Users find delta-8 THC a better choice for medical use. Scientists are still studying delta-8 THC, but early cannabis research shows it might help with pain, anxiety, and nausea. Its milder psychoactive effects make it an interesting option for medical use.

Is delta-8 or delta-10 better for anxiety? ›

Delta-10 is less psychoactive than delta-8, making it a more suitable option for consumers who struggle with anxiety and depression. Delta-10 has even fewer reports of anxiety or paranoia than delta-8 – which could also be due to the limited research on delta-10.

Are there any dangers to delta-8? ›

Severe toxicity has been associated with changes in heart rate, low blood pressure, difficulty breathing, and coma. If you suspect someone is experiencing a life-threatening delta-8 THC poisoning: Call Poison Help 1-800-222-1222 for specific recommendations.

Why is delta-8 not as good? ›

Given the substance's chemical similarities with delta-9-THC, the primary psychoactive component in marijuana, scientists are concerned that delta-8-THC could pose similar health risks to marijuana, including effects on brain development, addiction, behavioral problems and accidental overdose.

Is delta-8 synthetic or natural? ›

Delta-8 occurs naturally in small quantities in cannabis, however most of the commercially available delta-8 has been synthesized through a conversion process that uses a variety of chemicals to convert hemp-derived CBD into delta-8.

What states is Delta 10 illegal in? ›

Which states do we not ship Delta 10-THC products to? Unfortunately, due to twelve states not having favorable Hemp or CBD laws, companies typically cannot currently ship to ALASKA, ARIZONA, ARKANSAS, DELAWARE, IDAHO, IOWA, MISSISSIPPI, MONTANA, AND NEBRASKA.

Is Delta 9 illegal in Wisconsin? ›

Yes, Delta 9 edibles are legal in Wisconsin. You can buy Delta 9 gummies online or in-store without any restrictions, so long as they meet the following conditions: The THC must be derived from the hemp plant rather than the marijuana plant. THC concentrations must not exceed 0.3% by dry weight.

Can I fly with Delta 10 vape? ›

Yes, TSA allows vapes in carry-on luggage but not in checked baggage. Batteries must be removed and stored properly to prevent accidental activation during the flight.

Is Delta 10 intoxicating? ›

Although far less sedating or powerful than regular Delta-9 THC, Delta-10 still produces intoxicating effects that could lead to: Dry mouth. Dry eyes. Headaches.

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