Is THCa Legal in Wisconsin?

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Wisconsin, also known as America’s Dairyland or The Cheesehead State, is a truly fantastic place to live, especially if you need access to CBD for various purposes.

However, CBD is not the only cannabinoid that you might have access to in the State of Wisconsin. THCa is another cannabinoid that you, as a Wisconsinite, may have access to (as long as it meets certain criteria).

THCa is a very special cannabinoid, one that can be derived from the hemp plant, in which case, according to federal law, it should be legal country-wide. 

That said, individual states have the power to make their own laws in this regard, with each state being able to make its own rules as to which cannabinoids are legal and which are not. So, is THCa legal in Wisconsin?

What is THCa?

THCa is Tetrahydrocannabinolic acid, a special version of THC, or to be exact, the precursor to it. In simplest terms, THCa is the inactive version of THC which is present in both hemp and cannabis plants before said THCa is converted into THC.

All plants start with a single cannabinoid, CBGa, which is often referred to as the mother of all cannabinoids. Thanks to various enzymatic processes that occur as these plants grow, CBGa then turns into CBCa, CBDa, and THCa, with THCa being the one we are concerned about.

As the name implies, THCa is the acidic form of THC (not to be mistaken for THCv), Delta-9 THC to be exact, and it is considered to be completely non-intoxicating and non-psychoactive. Due to its chemical structure, which includes an extra carboxyl chain, it does not have a strong affinity to bind with CB1 receptors and therefore does not produce a notable high.

However, once the THCa is decarboxylated, which means that heat is applied to it, a chemical change occurs which causes the carboxyl chain to disappear. The disappearance of this carboxyl chain results in the THCa effectively converting into Delta-9 THC.

The disappearance of this carboxyl chain also results in Delta-9 THC having a much stronger affinity to bind with CB1 receptors, therefore producing a notable psychoactive high. However, on its own, if no heat has been applied, THCa is not psychoactive and should not produce any high, although it is said to have a variety of potential benefits.

Therefore, without THCa, you technically would not have Delta-9 THC at all. The former is required to turn into the latter. If you know anything about the laws surrounding cannabinoids in the United States, you might be able to tell that there is a bit of a problem or gray area here, which we are about to discuss below. Check out some great high THCa hemp strains right here!

THCa and Federal Law

According to federal law, specifically the 2018 Farm Bill, which was passed under the Donald Trump administration, as long as a cannabinoid product meets the definition of legal hemp, it should be considered legal at the federal level.

This piece of legislation states that any such cannabinoid product, whether flower, a tincture, edibles, or anything in between, in order for it to be legal, must be derived from the hemp plant, which means that it must not contain more than 0.3% Delta-9 THC.

This is of course very interesting because THCa turns into Delta-9 THC when just a little bit of heat is applied to it. However, technically speaking, THCa itself, before it is decarboxylated, does not actually contain Delta-9 THC, as the decarboxylation process is required to produce the chemical change that then results in the conversion of THCa into Delta-9 THC.

Although this may constitute a pretty big gray area or legal loophole, according to the definitions as set out by the 2018 Farm Bill, THCa should be completely legal across the country. However, even though it is federally legal, the story may be different for various states.

Wisconsin THCa Laws

The laws in the state of Wisconsin, as far as industrial hemp and the legality of cannabinoids go, fall in line with the 2018 Farm Bill. The Wisconsin industrial hemp laws can be found within Senate Bill 119, specifically in sections 94.67(15r) and 961.14(4)(t)1.

The main takeaway here is that as long as the THCa product in question is derived from the hemp plant, which means that it does not contain more than 0.3% Delta-9 THC by dry weight concentration, it should be legal at a federal level.

Therefore, anybody over the legal age can purchase THCa products, such as flower, edibles, or tinctures, as long as they do not contain more than 3 milligrams of Delta-9 THC for every gram of product. You must, however, be at least 21 years of age to purchase any such product. 

Is THCa a Controlled Substance in Wisconsin?

As long as the THCa product in question falls within the definition of industrial hemp, it is not considered a controlled substance. Industrial hemp is no longer covered under the federal Controlled Substances Act, nor is it considered a controlled substance under Wisconsin State law.

However, as soon as any such product contains over 0.3% Delta-9 THC by dry weight concentration, it is considered cannabis and is therefore considered a controlled substance with legal penalties being in place for possession.

THCa Possession Limits in Wisconsin

If the THCa in question falls within the definitions of industrial hemp as set out by both the federal and state governments, then it is considered legal, and therefore not subject to any possession limits whatsoever.

As long as the product does not contain more than 0.3% Delta-9 THC, you can purchase and possess it as much as you want.

However, if you are found in possession of cannabis, which means having any product that contains over 0.3% Delta-9 THC, you will be subject to legal penalties, which may include monetary fines and prison sentences. 

At this time, yes, THCa is legal in Wisconsin as long as it meets the definitions set out by the 2018 Farm Bill and Wisconsin Senate Bill 119. 

Is THCa Safe?

There are currently no pieces of research that would indicate that THCa is in any way unsafe when taken in moderate quantities.

There is currently no evidence that it is possible to overdose on it, and any adverse reactions that may occur are very mild and limited in scope. Remember that THCa is generally not psychoactive, just like CBD.

Some people may experience red eyes, hunger, gastrointestinal upset, and other very mild side effects, but these are usually mild and do not occur very often.

Where to Buy THCa in Wisconsin

If you want to buy some THCa in Wisconsin, we here at Botany Farms will have everything you need in the near future. 

However, at this time, we’d like to recommend some of our best-selling totally legal Delta-9 THC products. For instance, these Delta-9 THC Mixed Variety Microdose Gummies are super popular, as are our Sample Packs of Delta-9 THC Gummies.

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