Is Delta-10 Legal in Wisconsin?

Last reviewed: May 22, 2026

Yes. Wisconsin treats hemp-derived delta-10 THC the same as other hemp-derived isomers. Wis. Stat. §94.55 covers Cannabis sativa L. derivatives and isomers below the 0.3 percent delta-9 threshold by dry weight, and Wis. Stat. §961.14(4)(t) excludes lawful hemp from Schedule I. Delta-10 produced from hemp-derived CBD or delta-9 is treated as a hemp isomer and is lawful at retail. Wisconsin has not adopted a separate delta-10 statute or regulation.

Wisconsin Cannabis & Hemp Overview

Wisconsin has no adult-use cannabis market and no comprehensive medical cannabis program. The CBD physician-certification carve-out under Wis. Stat. §961.32(2m) is narrow and does not cover psychoactive cannabinoids. Governor Tony Evers proposed adult-use legalization in the 2025-2027 biennial budget; the GOP-led Joint Finance Committee removed it on May 8, 2025. Senate Republicans approved a limited medical bill in 2025 but Assembly leadership rejected the state-run dispensary structure. Attorney General Josh Kaul supports legalization.

Because Wisconsin has no cannabis retail system, hemp is the entire legal cannabinoid channel. Delta-10 occupies a smaller slice of the hemp retail mix than delta-8 or delta-9 but appears in vape carts, gummies, and blend products. The Wisconsin Department of Agriculture, Trade and Consumer Protection ran the hemp program through 2021 and transitioned licensing to USDA on January 1, 2022. DATCP retains general consumer-protection authority over hemp food and labels.

What Wisconsin Law Actually Says

Wis. Stat. §94.55 defines hemp as Cannabis sativa L. and any part of the plant including derivatives, isomers, acids, salts and salts of isomers, with a delta-9 THC concentration at or below 0.3 percent on a dry weight basis (or the higher federal threshold up to 1 percent). Delta-10 is a delta-9 isomer. When produced from hemp-derived CBD or delta-9 it qualifies as a hemp derivative and isomer within §94.55.

Wis. Stat. §961.14(4)(t) places tetrahydrocannabinols on Schedule I "in any form" but excludes tetrahydrocannabinols contained in lawful hemp. A delta-10 product that meets the §94.55 hemp definition falls inside the lawful-hemp exclusion. There is no state delta-10 ban, no state age limit, no state retail license requirement, no state lab testing rule for finished products, and no state labeling rule beyond general consumer protection.

The Wisconsin Legislative Council July 22, 2021 issue brief on hemp-derived cannabinoids treated delta-8 (and by extension other hemp-derived isomers including delta-10) as falling inside §94.55. No subsequent statute has changed that conclusion.

Milwaukee adopted a 2025 ordinance requiring hemp-derived THC product purchasers, including delta-10, to be 21 or older. Several other municipalities have considered similar rules.

How Enforcement Has Played Out

Wisconsin has not prosecuted compliant hemp delta-10 retailers. The 2025 Court of Appeals decision (2025 WI App 73) reinforced that the state must affirmatively prove marijuana rather than lawful hemp to support a §961.41 charge, which raised the bar for ambiguous samples and reduced the practical enforcement risk. Local enforcement on hemp-derived cannabinoids has focused on age verification and copycat packaging, not delta-10 specifically.

What This Means for Retailers Selling Delta-10 in Wisconsin

• Keep ISO 17025 certificates of analysis on file for every SKU and lot showing delta-9 below 0.3 percent on a dry weight basis and identifying delta-10 content.
• Card every customer at 21 or older. Milwaukee requires it, SB644 would make it statewide, and the industry standard is 21+.
• Use child-resistant tamper-evident packaging with clear warnings and a COA QR code. SB644 would mandate this.
• Drop copycat candy and snack branding. DATCP and FDA both treat copycat packaging as per se non-compliance.
• Build inventory plans for the federal H.R. 5371 §781 effective date of November 12, 2026. Delta-10 is one of the cannabinoids most directly targeted by the federal synthetic exclusion.

What This Means for Consumers Buying Delta-10 in Wisconsin

You can buy hemp-derived delta-10 vapes, gummies, and tinctures at Wisconsin smoke shops, hemp retailers, and CBD stores. Out-of-state online retailers ship federally legal delta-10 to Wisconsin addresses. Delta-10 metabolites overlap with delta-9 metabolites on standard urine, saliva, and hair drug tests, so any delta-10 use carries a meaningful risk of a positive screen.

Pending Legislation to Watch

2025 SB644 (Sen. L. Johnson et al., introduced November 14, 2025) would create the first Wisconsin statewide framework for "intoxicating hemp products" including delta-10. The bill would set age 21 statewide, require independent lab testing, child-resistant tamper-evident packaging with cannabis and 21+ symbols, an FDA disclaimer, a keep-out-of-reach warning, and a COA QR code. Penalties range from $500 civil for first-offense seller violations to $10,000 and nine months imprisonment for serious or repeat violations. Parallel proposals: 2025 AB680, AB747.

Federal H.R. 5371 §781 signed November 12, 2025 and effective November 12, 2026 redefines hemp using total THC and a 0.4 mg total THC per container cap, and explicitly excludes synthetic or chemically converted cannabinoids. Delta-10 produced from CBD or delta-9 by chemical conversion is one of the canonical products targeted. After November 12, 2026 most or all commercial delta-10 SKUs will lose federal hemp status, which will pull them from Wisconsin retail.

Frequently Asked Questions

Is delta-10 THC legal in Wisconsin in 2026? Yes. Wis. Stat. §94.55 covers hemp-derived delta-10 and §961.14(4)(t) excludes lawful hemp from Schedule I.

Do I need a license to sell delta-10 in Wisconsin? No state retail license is required. Some municipalities require general business licensing.

Is there a Wisconsin age minimum for delta-10 purchases? No statewide minimum. Milwaukee requires 21+. SB644 would set 21+ statewide.

Does delta-10 show up on a drug test? Yes. Delta-10 metabolites overlap with delta-9 metabolites on standard urine, saliva, and hair tests.

Can I order delta-10 online to a Wisconsin address? Yes today. Some carriers require adult signature.

Is delta-10 part of the Wisconsin medical or adult-use program? There is no Wisconsin medical or adult-use program. Delta-10 is available only through the hemp channel.

How will federal H.R. 5371 §781 affect Wisconsin delta-10? Effective November 12, 2026 the federal hemp definition will exclude chemically converted cannabinoids and cap total THC at 0.4 mg per container. Most commercial delta-10 SKUs will lose federal hemp status.

This page is provided for informational purposes by ComplyAssistAI LLC and is not legal advice. Hemp and cannabis law in Wisconsin changes frequently. For business compliance questions, consult a Wisconsin-licensed cannabis attorney. Find one in our Cannabis Lawyer Directory.