Understanding THCA & Cannabis Consumption Laws in Wisconsin

Is Marijuana Legal in Wisconsin?
Short Answer: Unfortunately not.

Wisconsin is one of the few states where Marijuana use for recreational or medical purposes is largely illegal. However, the 2018 Farm Bill legalized hemp-derived cannabinoids like THCA, CBD, and Delta-8 THC are legal at the federal level, creating a complex legal situation.

What is THCA, and How Does it Compare to THC?

THCA products, such as flowers (also called "buds" or "nugs") and concentrates (extract from the flowers), can be legally purchased, possessed, and shipped under federal law until consumed. When heated, THCA converts to high levels of Delta-9 THC, which are not federally compliant. Post-consumption results of THCA products such as the resin in your pipe, the roach from your joint, or that dab pen you have been hitting all week contain federally non-compliant levels of Delta-9 THC.

The conversion of THCA is a key topic from a regulatory standpoint of the hemp industry. Federal regulations state that THCA products are considered hemp if they contain less than 0.3% Delta-9 THC by dry weight.

Key Differences Between THCA and THC:

Let’s be clear though, THCA products = THC products as a result of consumption.

• Psychoactivity: THCA is non-psychoactive until heated (aka decarboxylation). THC is already psychoactive in its natural state.
• Federal Compliance: THCA can be sold legally under the 2018 Farm Bill if derived from hemp and meets the Delta-9 THC limit. THC above the 0.3% threshold is considered a Schedule 1 Controlled Substance: Marijuana, and remains federally illegal.
• State Regulations: THCA’s legal status varies by state, with some states restricting its sale despite federal legality. This is due to robust legal Cannabis markets such as Colorado & Michigan.

Federal Compliance for THCA Products

THCA products, like flowers and concentrates, can be legally purchased, possessed, and shipped to relatives. This remains valid until the product is consumed. Heating THCA (decarboxylation) converts it to Delta-9 THC, which is illegal federally. Thus, a legally purchased product can become illegal in certain situations.

A Note for Safe Consumption:

When consumed, federally compliant THCA products may be considered federally non-compliant. THCA can lead to positive THC test results, as it converts directly to THC upon consumption. Standard screenings cannot differentiate between THC variants such as Delta-8, HHC, and THCP.

Consumers should be aware of the potential legal and workplace implications, as well as the risks of using these products in public or while traveling. Let's remember THCA flower = THC flower (or concentrates) after consumption.

What About Delta-8 THC?

Delta-8 THC, derived from hemp, gained early popularity for its mild psychoactive effects and perceived legality under the 2018 Farm Bill. It is federally legal if it contains less than 0.3% Delta-9 THC. However, like THCA products, Delta-8 THC consumption will still appear on a urine analysis.

Another important factor to consider is that even though hemp is legalized at the federal level under the 2018 Farm Bill, states have initiated laws for hemp products. Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington are all states that have completely outlawed Delta-8 THC.

Seven states have recognized Delta-8 THC and put either restrictions or regulations into place, including Arizona, Arkansas, California, Connecticut, Kentucky, Mississippi, and Michigan.

These four states are still under a review process for the cannabinoid's legality including Alabama, Illinois, Oklahoma, and Oregon.

Our friends over at Marijuana Policy Project have a fantastic State by State Guide to Hemp Intoxicants Regulations which you can view here.

Cannabis Laws in Wisconsin: A Snapshot

In Wisconsin, the legal market includes hemp-derived products like CBD, Delta-8 THC, HHC, THCP and THCA, as long as they comply with state and federal regulations. Cannabis with over 0.3% Delta-9 THC is illegal, and there are no medical or recreational cannabis programs in place. Dispensaries in Wisconsin sell these hemp products, classified as Cannabis sativa L, and compliant with the Farm Bill.

As a consumer, it's crucial to understand the complexities of federal and state compliance to avoid legal issues. Remember, legality does not always mean a risk-free experience with Delta-8 THC or THCA. Always purchase your medicine from a reputable source!

We carry THCA flower and concentrates at Happy Trails Medicinals, stop in today to view our Flower Menu based off Terpene Profiles.