Is Delta-9 THC Legal in Wisconsin? (2023)

Is Delta-9 THC Legal in Wisconsin? (2023)

What is Delta-9 THC?

Delta-9 THC (also known as Delta-9-tetrahydrocannabinol) is a psychoactive compound found in cannabis. In Wisconsin, the legal status of Delta-9 THC is a complex and evolving issue — with laws and regulations changing frequently. In this blog, we will explore the current legal status of Delta-9 THC in Wisconsin and the different types of Delta-9 products available.

Legal Status of Delta-9 THC in Wisconsin 

In Wisconsin there are two ways to look at the legal status of Delta-9 THC: Over .3% Delta-9 per dry weight and under .3% Delta-9 per dry weight. Here is the status of both at the time of writing this, 2/27/2023.

Over .3% Delta-9 THC by Dry Weight

When an end product is over .3% Delta-9 THC by dry weight — whether hemp derived or not — Delta-9 THC is classified as a Schedule I controlled substance. This means that it is considered to have a high potential for abuse and no accepted medical use, and is therefore illegal to: possess, use, sell, or distribute. (Which we strongly disagree with.)

Possession of any amount of Delta-9 THC (if over .3% by dry weight or from marijuana) in Wisconsin is a misdemeanor offense, punishable by up to six months in jail and a fine of up to $1,000. Subsequent offenses and possession with intent to distribute carry stiffer penalties.

Under .3% Delta-9 THC by Dry Weight

In 2018, the federal government passed the Agricultural Improvement Act, also known as the 2018 Farm Bill. This legislation removed hemp and its derivatives, including Delta-9 THC from the list of controlled substances under federal law. Under the 2018 Farm Bill, hemp is defined as cannabis with less than 0.3% Delta-9 THC by dry weight.

Following the passage of the 2018 Farm Bill, Wisconsin enacted its own hemp production program, which was approved by the U.S. Department of Agriculture in 2020. The program was subject to strict regulations and oversight, and growers and processors had to obtain licenses from the state. However, in January of 2022, this program was merged with the federal governments USDA hemp program.

The USDA hemp program also includes testing requirements to ensure that Delta-9 THC levels in hemp and hemp products do not exceed the legal limit of 0.3%. Products that contain more than 0.3% Delta-9 THC are considered marijuana under Wisconsin law and are subject to the state's marijuana laws and penalties.

Types of Delta-9 THC Products Available

Despite the legal restrictions of Delta-9 THC in Wisconsin, there are many types of products available that contain this psychoactive compound. These products are primarily sold through licensed hemp growers and processors, as well as through retail stores that specialize in hemp and cannabis products.

Delta-9 Edibles

Delta-9 edibles are tasty treats that contain Delta-9 THC. These products come in a variety of forms including: gummies, chocolates, and baked goods. Their effects can take longer to set in than smoking or vaping Delta-9 THC. Delta-9 edibles are also available at retailers throughout Wisconsin.

Looking for a Delta-9 Edible in Wisconsin? Ethereal Gold Dispensary is not only an amazing dispensary in Wisconsin but you can also buy Delta-9 online and have it shipped nationwide!

Delta-9 Tinctures

Delta-9 tinctures are liquid extracts that typically contain a very small amount of Delta-9 THC in order to comply with the farm bill rules on dry weight. These products are typically consumed by placing a few drops under the tongue or adding them to food or drinks.

A full spectrum CBD tincture can also considered a Delta-9 tincture! These tinctures do include Delta-9 THC though it may be in a very small amount of milligrams.

If you want to buy a Delta-9 Tincture online we have options available to ship to all 50 states! These products are also full panel lab tested to guarantee they are free from harmful containments and meet the proper potency. 

Delta-9 Topicals

Also commonly referred to as full spectrum CBD topicals, a Delta-9 topical is a product that typically has a wide range of cannabinoids in it to provide the entourage effect of multiple cannabinoids working together at once to reap even greater benefits!

User reports have shown the Delta-9 topicals may be very effective for pain reliving benefits as well as aiding with inflammation. Delta-9 Topicals are also available in many forms such as creams, balms, and lotions.

Delta-9 Beverages

Delta-9 beverages are a thirst-quenching way to get your Delta-9 buzz while enjoying a delicious drink. Currently available in sparkling seltzers and drink mixes these products are another one of the many ways you can experience the benefits of Delta-9 while staying within the legal limit put in place by the 2018 farm bill! 




The legal status of Delta-9 THC in Wisconsin is a complex and evolving issue, with laws and regulations changing frequently. While Delta-9 THC is classified as a Schedule I controlled substance under state law, the passage of the federal 2018 Farm Bill and the creation of the USDA hemp program have created opportunities for legal cultivation, processing, and sale of Delta-9 THC products.

Consumers and businesses that wish to engage in the production, sale, or use of Delta-9 THC products in Wisconsin must navigate a complex web of regulations and legal risks. It is important to stay informed about changes in state and federal laws and to work with licensed and reputable growers and processors to ensure compliance with all applicable regulations.

Wisconsin Dispensary Near Me?

Looking for a dispensary in Wisconsin? Well look no further than Ethereal Gold Dispensary! Not only are we a dispensary in Waukesha, Wisconsin located at 237 Harrison Avenue but we are also the first dispensary in the country to require full panel COAs (Certificate of Analysis) on every single product we carry both in store and online nationwide! 

This means that all of our products are not only tested to make sure they are the proper potency but we also require an in-depth test to make sure all solvents, pesticides and other containments have been properly removed from a product. This is what we like to call the Ethereal Gold Standard.

If you are looking to buy Delta-9 come down to Ethereal Gold Dispensary and our handlers will help you pick out the product that is perfect to meet your needs. Can't stop in today? No problem! You can buy Delta-9 online as well in our online store and have it shipped right to your home or place an order for local pickup. 


Is Delta-9 legal in Wisconsin in 2023?

Yes, at the time of writing this 2/27/2023, Delta-9 THC is legal in Wisconsin in 2023 so long as it is hemp derived and the finished product has a COA showing that it less than .3% Delta-9 THC by dry weight.

Where to buy Delta-9 in Wisconsin?

If you have been wondering "where can I buy Delta-9 in Wisconsin?" There are lots of locations in Wisconsin where you can purchase Delta-9 products. If you are looking for products that have full panel lab tests and are great quality Ethereal Gold Dispensary has a dispensary in Waukesha, as well as ships nationwide at our online store!

What is Delta-9 THC?

Delta-9 THC is a psycoactive cannabinoid found in the cannabis plant that is commonly referred to as THC. However in the cannabis plant there are many cannabinoids such as Delta-9 THC, Delta-8 THC and THC-P that are all psycoactive and have varying effects.

What is the difference between Delta-8 and Delta-9?

When you take Delta-8 vs Delta-9 THC you must remember they are both psycoactive cannabinoids found in the cannabis plant. However, user reports and early research suggest that Delta-8 THC may be a less head buzzy and more smooth experience than Delta-9 THC.