The passage of the 2018 Farm Bill legalized THC products (and their derivatives) nationwide if the products come from hemp and contain less than 0.3% delta-9 THC per dry weight. State by state, however, different rules come into play, and some consumers might wonder if THCa is legal in Wisconsin or any other state.
Wisconsin state law legalized its version of the federal law with 2019’s SB 188, which amended aspects of the state’s existing hemp production pilot program and aligned those rules with the Farm Bill. As such, all hemp-derived products are legal in Wisconsin as long as they have a delta-9 tetrahydrocannabinol (THC) level below 0.3% by dry weight. This has allowed manufacturers to sell legitimate delta-9 THC and THCa products like gummies, beverages, and other cannabis goods to Wisconsin residents.
Outside of hemp-derived products, Wisconsin lacks a legalized medical or recreational marijuana industry for cannabis-based products. In fact, Wisconsin remains a late hold-out for outright banning cannabis within its borders, despite nearby Minnesota, Michigan, and Chicago all legalizing the plant. Yet despite Wisconsin’s staunch opposition, hemp-derived THCa and other products are legal if they meet the dry-weight requirements.
Read on to learn the details of Wisconsin’s marijuana laws and what the latest regulations say about THCa.
Key Takeaways
- THCa is federally legal and legal in Wisconsin if a hemp-derived product contains less than 0.3% THC per dry weight.
- Hemp-derived THCa and weed-derived THCa are the same chemical.
- Wisconsin has no medical or recreational marijuana program – only hemp-derived cannabis products are legal.
What is THCa?
THCa is a cannabinoid found in both the cannabis plant and hemp. It’s the precursor of the better-known delta-9 THC, the cannabinoid responsible for marijuana’s signature intoxication.
When THCa is exposed to high temperatures (a process known as decarboxylation), the acidic component burns away and transforms the molecule into THC. THCa can also convert to the psychoactive delta-9 THC by:
- Room temperature exposure
- Sunlight exposure
- Heat exposure via flame or vaporizing
Besides its less well-known status, research suggests that THCa may have many benefits. A 2017 study exploring THCa’s potential medical uses found a promising potential to treat seizures and chronic pain.
The hemp plant, a variety of cannabis, naturally features very low levels of THCa compared to marijuana plants, designed to achieve higher potency. According to U.S. Department of Agriculture (USDA) regulations, hemp is cultivated for agricultural or industrial use and may contain no more than 0.3% THC per dry weight.
The “per dry weight” phrase is critical, as the Farm Bill lacks specific guidelines for THCa products like oils or gummies. This enables some manufacturers to “legally” create higher-potency products that produce highs like products in a cannabis dispensary.
Regardless of where the THCa is sourced from, marijuana or hemp, it’s the same chemical. The USDA and Wisconsin state rules govern the amount permissible to produce and sell to consumers.
Is THCa Legal in Wisconsin?
Wisconsin’s 2019 SB 188 legalized hemp-derived THC and its derivatives, including THCa, so long as the products and source material contain less than 0.3% THC per dry weight.
Consumers can legally buy products that meet the criteria requirements across Wisconsin, including:
- Flower, for smoking
- Edibles, such as infused brownies or gummies
- Tinctures
- Capsules
- Concentrates such as live rosin or resin
- Portable vapes and cartridges
- Topicals
Wisconsin Marijuana Laws
Beyond Wisconsin’s hemp laws, all medical or recreational cannabis use is against the law. Wisconsin holds out amongst its neighboring states and imposes hefty fines starting at $1,000 and an initial six-month jail sentence on those guilty of simple possession. However, some jurisdictions have chosen to pass laws decriminalizing minor infractions.
Wisconsin’s Lydia’s Law and SB 10 allow for low-THC, high-CBD cannabis products to be used in medical scenarios by recommendation from a physician. Patients must meet qualifying conditions to be approved for CBD products for medical use. Alternatively, individuals can also source CBD and delta-9 products derived from hemp products without a recommendation, so long as they contain no more than 0.3% THC per dry weight.
Where to Buy THCa in Wisconsin
Those seeking hemp-derived THCa products can visit local health food stores or pharmacies and will often find many good, lab-tested options available. Hemp-derived delta-9 THC products can help relieve stress, assist those struggling with insomnia, and relieve unpleasant muscle soreness.
Our Evn store features high-quality hemp derived THCa products and other products in our CBD collection.
Disclaimer: This article was last updated in September 2023 and reflects federal and state legal information as of this date. Cannabis laws in the U.S. are continually shifting; therefore, the information in this article is subject to change. The information in this article does not constitute legal advice, and no entity at EVN-CBD is claiming to provide legal advice. Please visit your official state website for more information on your state’s cannabis laws and regulations.