The conversation about the legality of Delta-8 THC is relevant in Wisconsin (Hopefully this conversation will be moot in the upcoming months following the election with even more states legalizing). As a state, we are falling behind in this movement and so questions about legality are still prevalent…
Is Delta-8 Legal in Wisconsin? – Cannabis Law
In short, yes, but that does not mean there will not be confusion. Here is why; as explained by Cannabis Law Journal – “Buscher Law LLC”:
“The true meaning of “synthetic cannabinoid” is ultimately moot because the language in the 2018 Farm Bill is so clear. Delta-8 THC is a naturally occurring component within hemp, and “isomerization", a process of transforming the chemical structure of one molecule into another with the same chemical formula, called an isomer - is used to harness the Delta-8.”
This is not a synthetic. Indicated by the Office of National Drug Control Policy, CDC and the DEA itself; “synthetic cannabinoids” are nonorganic, man-made chemicals developed in a lab setting and are typically infused into plant material. - K2, or Spice.
“Delta-8 THC is a naturally occurring derivative and isomer of a cannabinoid extracted from legal hemp, rather than a lab-made chemical. To make it clearer, the AIA went one step further and specifically excepted “tetrahydrocannabinols in hemp” from Schedule I. 21 U.S.C. § 812(c)(17).
Delta-8 THC fits neatly within exceptions to scheduling as both a hemp-derived tetrahydrocannabinol, and as an isomer of CBD, confirming its legality under the AIA (2018 Farm Bill Link).”
…so should I use Delta-8?!?
This is the spark that can start the fire for the full power of the Cannabis industry in Wisconsin. As a state, we have the ability to show that we can responsibly handle this new product, and use it as a stepping stone towards full legalization - and yes, have some fun in the mean time.
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Dislaimer: These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease.
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