Cannabis, Delta 8, Hemp, Legal, Scholarly, Wisconsin -

Is Delta-8 a Synthetic or Legal?

Apothecary Delta-8

The conversation about the legality of Delta-8 THC is starting to become relevant in Wisconsin (Hopefully this conversation will be moot in the upcoming months following the election with even more states legalizing marijuana in some sort of fashion).  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 with law enforcement and DEA!  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.


Synthetic Drugs


“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?!?

In the end, you should use caution when using Delta-8 products.  Simply because there is still confusion between all parties about the legality of it, BUT if something were to happen, this is a scholarly reference about how things could potentially play out!


The information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice.