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Are THC Gummies Legal in Wisconsin?
CGO & Co-founder of Sunday Scaries THC Aficionado Legalization & Mental Health Advocate
Beau Schmitt is an expert on cannabinoid studies, with an emphasis on Tetrahydrocannabinol (THC). He has pioneered innovative cannabis solutions...
These THC Gummies Are Legal In Wisconsin
Delta-9 Gummies
The Difference Between Hemp-Derived and Marijuana-Derived THC Gummies
When it comes to THC gummies, the primary distinction lies in whether the THC is derived from hemp or marijuana.
Both hemp and marijuana are varieties of the Cannabis plant, but they differ in the way they look as plants and their THC content.
Think of them like llamas and alpacas, they're from the same family and appear to be similar, but they are obviously different animals.
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Hemp-Derived THC Gummies: These gummies are made from hemp, which is primarily cultivated for industrial uses and is legally defined as cannabis plants containing 0.3% or less THC by dry weight. The THC levels in hemp are significantly lower than those found in marijuana, but that just means you need more raw material hemp stalk to obtain the same refined amounts. These products are legal at the federal level due to the 2018 Farm Bill. As a result, they are legal in many states, including Wisconsin, as long as they meet this THC threshold.
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Marijuana-Derived THC Gummies: These gummies contain THC derived from marijuana, which has much higher THC concentrations compared to hemp. That being said, the final raw distillate or isolate is the same as hemp... at the end of the day its a chemical compound. Marijuana-derived THC gummies are typically associated with recreational and medical use and are heavily regulated or banned in many states. In Wisconsin, both recreational and medical marijuana use is currently illegal, which means marijuana-derived THC gummies cannot be legally purchased or used in the state and no authorized dispensaries exist.
Now that we cleared up the confusion of the different types of THC edibles on the market, let's concentrate fully on the legal status in Wisconsin.
Wisconsin’s Stance on THC Gummies
Hemp-Derived THC Gummies: Legal in Wisconsin
Hemp-derived THC gummies are legal in Wisconsin, thanks to both federal and state regulations.
The key legislative act governing this is the 2018 Farm Bill, which federally legalized hemp and its derivatives, including THC, as long as the THC content does not exceed 0.3% by dry weight.
This federal ruling opened the doors for hemp-derived products like THC and CBD gummies to be sold legally in states that chose to align their laws with the federal guidelines.
In Wisconsin, the 2019 Wisconsin Act 68 officially legalized the production and sale of hemp-derived products, including hemp-derived THC gummies for sale online, provided they adhere to the same THC limits set by federal law.
This makes hemp-derived THC gummies, like Sunday Scaries delta-9 gummies, readily available for purchase in Wisconsin through online retailers like us here at Sunday Scaries, local dispensaries, CBD shops, health & wellness stores, convenience stores and more!
Consumers in Wisconsin should always verify that the products they are purchasing meet the legal requirements and ensure they are buying from reputable sources.
THC levels exceeding the 0.3% threshold would automatically place the product in the marijuana category, making it illegal under state law.
Marijuana-Derived THC Gummies: Illegal in Wisconsin
While many states in the U.S. have legalized marijuana for either medical or recreational use, Wisconsin remains one of the more restrictive states in this area.
Both medical and recreational marijuana use are currently illegal in Wisconsin, and as a result, marijuana-derived THC gummies are also banned.
This is why Wisconsin is a huge market for hemp-derived gummies, since they are readily available online and can be shipped right to the front door step of Wisconsinites.
There have been ongoing debates within the state regarding marijuana legalization, which will dig into in a bit, but no significant progress has been made.
Attempts to legalize medical marijuana have repeatedly stalled in the Wisconsin Legislature, and recreational marijuana use remains entirely prohibited. This is doing a large injustice to users who suffer from painful or life-altering medical conditions who could really benefit from all the plant has to offer.
Even though some neighboring states, such as Illinois and Michigan, have legalized marijuana for recreational use, Wisconsin law enforcement strictly enforces the state's marijuana laws.
So if you're planning on traveling to another state to purchase marijuana-derived THC products and then bring them back to Wisconsin... think again. They are still deemed illegal and could result in criminal charges.
The 2019 Wisconsin Act 68: Aligning with Federal Law
Wisconsin’s hemp laws are closely aligned with federal legislation, particularly the 2018 Farm Bill, which set the stage for hemp's legalization across the United States.
Following this federal directive, Wisconsin enacted 2019 Wisconsin Act 68, which outlines the state's policies regarding hemp cultivation, processing, and the sale of hemp-derived products.
This law has been instrumental in establishing Wisconsin’s hemp industry, encouraging local businesses to cultivate hemp and produce legal products such as CBD and THC gummies.
Key Points of 2019 Wisconsin Act 68:
- Hemp Cultivation and Processing: Farmers in Wisconsin can legally grow hemp as long as their crops contain no more than 0.3% THC by dry weight. This has created a market for local hemp growers and processors.
- Legal THC Limit: Hemp-derived THC products, including gummies, must adhere to the federal THC limit of 0.3% or less. Products exceeding this limit are classified as marijuana and are illegal.
- Consumer Protections: While hemp-derived products are legal, they are still subject to regulations that ensure they meet quality and safety standards. Products must be tested to ensure compliance with THC limits and other safety requirements.
Wisconsin's Ongoing Debate Over Marijuana Legalization
Although hemp-derived THC gummies are legal, the legalization of marijuana in Wisconsin remains a contentious issue.
Despite several neighboring states embracing marijuana legalization in some form, Wisconsin has been slow to follow suit. Efforts to legalize both recreational and medical marijuana have been met with resistance in the state legislature.
In recent years, Wisconsin lawmakers have introduced multiple bills aimed at legalizing medical marijuana. However, these proposals have consistently faced opposition and have not passed into law.
Similarly, there has been little momentum toward legalizing recreational marijuana, even though a majority of Wisconsin residents reportedly support such measures.
1. Proposed Medical Marijuana Legislation
There have been several attempts in recent years to legalize medical marijuana in Wisconsin, with bills introduced into the state legislature.
Most recently, in 2023, there was renewed interest in a bipartisan effort to push for medical marijuana legalization. One of the more prominent measures was Senate Bill 507, which sought to establish a comprehensive medical marijuana program for patients suffering from qualifying conditions.
However, like previous attempts, the bill faced substantial opposition and has not yet passed.
This effort underscores the growing support for medical marijuana among Wisconsin residents and legislators, even though it remains illegal for now.
2. Governor’s Budget Proposals
In recent years, Governor Tony Evers has included marijuana legalization—both medical and recreational—as part of his state budget proposals. While these initiatives have been consistently rejected by the Republican-controlled state legislature, they indicate a strong push from the governor’s office to move forward with broader cannabis reforms.
In the 2023-2025 budget, Governor Evers once again advocated for the legalization of marijuana to generate tax revenue and address racial disparities in marijuana-related arrests.
Though none of these budget proposals have succeeded, they are indicative of the state’s ongoing discussion and potential future direction. A change in political climate or public pressure could result in these measures gaining more traction.
3. Decriminalization Efforts
There have also been efforts to decriminalize marijuana possession in Wisconsin.
While full legalization remains out of reach for now, some lawmakers have sought to introduce measures that would reduce penalties for possessing small amounts of marijuana.
These bills aim to reduce the criminal consequences associated with marijuana use, particularly for nonviolent offenses. It also aims to address
Decriminalization, if successful, could potentially reduce the legal risks for those found in possession of marijuana-derived THC gummies, but would still fall short of full legalization.
Finally, decriminalization helps to reduce the disproportionate impact that marijuana related arrests have had on the black and colored communities.
Local municipalities, such as Milwaukee and Madison have implemented ordinances that impose fines rather than criminal penalties for possessing small amounts of marijuana.
These local efforts do not legalize marijuana but instead reduce the legal consequences for possession.
Conclusion: THC Gummies in Wisconsin
To sum it all up fro you Wisconsinites, hemp-derived THC gummies are legal in Wisconsin as long as they contain no more than 0.3% THC by dry weight.
These products can be purchased both online and in brick and mortar retail stores and can be consumed legally under both state and federal law.
However, marijuana-derived THC gummies remain illegal for both recreational and medical use in Wisconsin.
While the debate over marijuana legalization continues, Wisconsin residents should adhere to the current legal framework and ensure they are purchasing only hemp-derived THC products that meet state and federal guidelines.
As always, it’s recommended to stay updated on Wisconsin’s laws, as marijuana legislation may evolve in the coming years.
For now, consumers can legally enjoy the benefits of hemp-derived THC gummies while remaining compliant with state regulations.
Frequently Asked Questions
Are THC gummies legal in other states?
For a comprehensive list and detailed map of the legality of THC gummies, check out our master article: Are THC Gummies Legal?
