According to the law, the debate beyond legality boils down to whether Delta-8, which is converted from hemp-derived CBD, is protected by the 2018 federal Farm Bill that legalizes hemp and derivatives, or whether it is by processing it into a synthetic THC that would be an illegal controlled substance.
The state Department of Agriculture, Commerce and Consumer Protection, which oversees Wisconsin’s hemp program, has not tested Delta-8 products to see if they are above the Delta-9 limit, and instead is focusing on hemp production, Spokesman said Leeann Duwe.
The complicated question of their legality crosses multiple regulatory jurisdictions, Duwe said, and “these issues are still being debated by different agencies and entities at different levels of government.”
Several states, including those where marijuana is legal and others where it’s illegal, banned Delta-8 products last year. Manufacturers and retailers claim the recreational marijuana industry is feeling threatened by Delta-8’s growing popularity.
“The legal cannabis industry, ironically, is not keen on delta-8 THC,” said Robinson. “It’s a real nuisance because of the price, because of the anecdotal similar potency and relief it provides on Delta-9-THC. It’s actually quite similar.”
Bartels and Chalmers both want the industry to be regulated. In the absence of government oversight, they said, Green County Hemp monitors itself to provide quality products, such as: