In Wisconsin, Delta-8 is legal. Under the state's Uniform Controlled Substances Act, delta-8 generated from hemp plants containing less than 0.3 percent THC is not classified as a controlled substance, allowing for its use, possession, sale, distribution, procurement, and manufacturing. However, under state law, marijuana and delta-8 generated from marijuana are illegal. Possession of delta-8 produced from marijuana is a misdemeanor. First-time offenders risk a maximum penalty of 6 months in jail and a fine of $500. Subsequent violations entail heavier penalties, longer prison sentences, and large fines that can reach the tens of thousands of dollars.
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