Is THCa Legal in Wisconsin? (Updated for 2024)

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Disclaimer: The information in this article regarding THCA is drawn from comprehensive research. We make every effort to share the most accurate information available at the time of writing. However, the legal status of cannabinoids varies by jurisdiction and can change status over time. The reader is advised to check the legal status of cannabinoids before acting and we do not accept liability for this information. This content is for educational purposes only.

Wisconsin, aka the Dairy State, or Cheesehead State, is a hell of a place to live,  especially if you love CBD and hemp products. Yet CBD is not the only cannabinoid that you could potentially access as a Wisconsinite (provided it meets certain criteria). THCa would be another likely candidate. It is one of the most unique cannabinoids derived from hemp, and should be legal nationally for the same reason.

That said, each legal state is free to make up its own laws, and each state has a law covering cannabinoids. However, these state laws more often than not align with the federal Farm Bill (2018 Agricultural Improvement Act). But for novel cannabinoids like THCa, their legality can be murky. So, in this article, we answer the question – Is THCa legal in Wisconsin?

What is THCa?

THCa (tetrahydrocannabinolic acid) is a unique version of THC, often described as the precursor to it. THCa is considered the inactive version of THC, which exists naturally in the hemp and cannabis plants as well as a cannabinoid precursor to THC.

Cannabis plants start with a single cannabinoid precursor known as CBGa, which is often referred to as the "mother of marijuana." Following a series of enzymatic processes that occur while these plants grow, CBGa turns into CBCa, CBDa and THCa – the THCa of primary concern to all who smoke.

THCa, as the name implies, is the acidic precursor to THC (not to confused with THCv), specifically Delta-9 THC, and is non-intoxicating and non-psychoactive due to its extra carboxyl chain. For this reason, it has a low affinity for CB1 receptors and doesn’t induce THC's classic high.

But what happens after you heat THCa? THCa is a precursor to THC, meaning that you need THCa to produce THC. If no heat is applied to THCa, THC is not created. The science behind THCa's conversion into THC is not complicated. The heat basically causes THCa to lose its carboxyl group. When this happens, THCa effectively becomes Delta-9 THC. The process is called decarboxylation.

The loss of the carboxyl group makes Delta-9 THC bind efficiently to CB1 receptors. One of the effects of CB1 receptor activation is the 'high' you feel when you smoke cannabis. THCa is not psychoactive in and of itself; so it won’t get you high, although it still offers a variety of health 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 understand the laws surrounding cannabinoids in the United States, you might 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

Under the 2018 Farm Bill (a federal statute passed under the Trump administration) which removes hemp and hemp extracts from the list of federally scheduled substances, any cannabinoid product made from plants that legally qualify as hemp should be legal, at least under federal law.

Any such cannabinoid product – flower, a tincture, edible or anything in between – needs to be derived from the legal hemp plant’s flowers and leaves in order to be legal, and the flower and leaf can’t contain more than 0.3% Delta-9 THC.

This is significant, of course, because THCa is decarboxylated to Delta-9 THC with the application of of heat. So, THCa pre-carboxylation does not contain Delta-9 THC since decarboxylation itself speaks to the chemical process that actually turns THCa into Delta-9 THC.

By the letter of the law, according to the 2018 Farm Bill’s definitions, when THCa actually is isolated, it should be fully legal anywhere in America. But while it has become federally legal, the story is different over in the 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 key takeaway is this: If the THCa product is derived from a hemp plant, i.e, the extract doesn’t contain more than 0.3% Delta-9 THC by dry-weight concentration, then it should be legal at the federal level.

Thus, any person 21 years of age or older can buy THCa products, such as flowers, edibles or tinctures, as long as they comply with federal and state regulations. 

Is THCa a Controlled Substance in Wisconsin?

THCa is not a controlled substance under the federal Controlled Substances Act, nor is it a controlled substance under the laws of Wisconsin State. But as soon as such a THCa product contains more than 0.3% Delta-9 THC by dry weight concentration, it is subject to legal regulation as cannabis (at the federal level, possession carries penalties).

THCa Possession Limits in Wisconsin

If THCa fits the specifications of both the federal and state law on industrial hemp, then it falls within the scope of a legal substance (and not subject to any caps whatsoever) on sale in grocery stores, pharmacies and head shops throughout the country.

So long as the product contains no more than 0.3% Delta-9 THC, you can buy and possess as much as you like. But if you’re caught with any product that contains more than 0.3% Delta-9 THC, you’ll be breaking the law – which could result in cash fines, and possibly incarceration.

THCA has garnered significant interest due to its potential health benefits. THCA derived from the marijuana plant is accessible exclusively to medical marijuana patients in Wisconsin. However, the state aligns with federal guidelines concerning cannabis laws. This means hemp-derived THCA products that comply with the regulations outlined in the 2018 Farm Bill are permitted.

In conclusion, THCA’s legal standing in Wisconsin depends on its source (marijuana or hemp) and adherence to state and federal regulations. Staying informed about evolving legislation is essential for those involved in THCA production, sale, possession, and consumption.

Is THCa Safe?

For starters, THCA is not intoxicating, so it won’t get you high. This is because the extra carboxyl ring prevents it from binding with the receptors in the brain that cause the euphoric high. THCA needs to be decarboxylated before you can ‘get high’. This happens when your smoke, vape, dab or cook cannabis (heat removes the carboxyl ring of THCA, converting it into intoxicating THC).

The bottom line is that THCA is probably quite safe just like CBD. It does not make you high like THC does. Regardless, all cannabis products should be consumed in moderation and with informed use.

Consult a healthcare professional to learn more about your individual circumstances. 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 THCa in Wisconsin, we can't recommend Botany Farms enough. Go natural with Botany Farms and let the extraordinary power of nature overflow your body with our premium THCa extracts products. Harmonize your being and open yourself to the power of cannabinoids.

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 GummiesShop now! Embrace nature’s power; treasure nature’s best; enjoy Botany Farms with every step.

THCa in Wisconsin: Frequently Asked Questions

Here are common questions about THCa:

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