Context: Recently at the center of controversy due to law enforcement actions.
Location: Waukesha County, Wisconsin.
Popularity
Delta 8 THC is a trending product in CBD stores and gas stations, particularly in the Milwaukee area.
Store owners report it as their best-selling item.
Can be smoked, vaped, or ingested.
Legal Status
Confusion: Legality of Delta 8 THC is debated.
Psychoactive Component: Similar to marijuana but less potent.
Delta 8 vs Delta 9 THC:
Delta 8 THC is derived from hemp.
Delta 9 THC is primarily from marijuana and is more intoxicating.
Legal limit for Delta 9 THC is .3% under state and federal law.
Incident Highlight
Raids: Two weeks ago, a CBD store in Menomonee Falls was raided.
Reason for Raid: A customer’s children ingested Delta 8 THC and required hospitalization.
Outcome: Sheriff’s office confiscated Delta 8 THC products; one store owner facing felony charges for having products that tested above the legal limit of Delta 9 THC.
Perspectives
Store Owner's View: Chris S. argues that regulation should involve the Department of Agriculture, not law enforcement, especially since he is part of the state's hemp pilot program.
Hazy Days Owner: Zach Rowe states that Delta 8 makes up 70% of his sales and acknowledges its psychoactive effects.
Political Commentary
Rep. Adam Neeland's Statement: Considers Delta 8 illegal due to its psychoactive properties but acknowledges confusion surrounding its legality.
Official Stance
Department of Agriculture (DHS): Currently unclear on the legality of Delta 8 THC.
State's Legal Advisory: It is legal as long as it isn’t chemically synthesized.
Waiting for final ruling from the Drug Enforcement Agency (DEA).
Conclusion
Legal Uncertainty: CBD store owners are advised to consult attorneys to ensure compliance with laws regarding Delta 8 THC.
Pending Charges: The arrested store owner has not yet been formally charged; the district attorney's office has a year to decide.