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Delta-8 and Hemp THC Laws in Wisconsin

How Wisconsin law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: Wisconsin law does not separately regulate delta-8 THC or other hemp-derived THC products (no age limit or retail license in the statutes). Wis. Stat. §§ 94.55(1), 961.14(4)(t)3., 961.01(14)

Delta-8 and hemp THC productsWisconsin law does not separately regulate delta-8 THC or other hemp-derived THC products (no age limit or retail license in the statutes). Hemp is defined as the cannabis plant and all its derivatives, extracts, cannabinoids and isomers with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis (or the federal maximum up to 1 percent, if higher), tested post-decarboxylation, and THC contained in hemp is excluded from the Schedule I listing of THC. Products above that delta-9 limit are treated as THC, a Schedule I controlled substance.
Reviewed Wis. Stat. § 94.55 and ch. 961 (statutes published Oct. 1, 2026) on 2026-10-28; no age limit, licensing or product rule specific to delta-8 or other hemp-derived THC found. Ch. 961: https://docs.legis.wisconsin.gov/statutes/statutes/961.pdf
Source: Wis. Stat. §§ 94.55(1), 961.14(4)(t)3., 961.01(14)

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FAQ

Is delta-8 legal in Wisconsin?
Wisconsin law does not separately regulate delta-8 THC or other hemp-derived THC products (no age limit or retail license in the statutes). Hemp is defined as the cannabis plant and all its derivatives, extracts, cannabinoids and isomers with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis (or the federal maximum up to 1 percent, if higher), tested post-decarboxylation, and THC contained in hemp is excluded from the Schedule I listing of THC. Products above that delta-9 limit are treated as THC, a Schedule I controlled substance.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.