My very not-legal-advice, probably missing details summary is that the way the Farm Bill was originally written was to outlaw hemp-derived Delta-9 THC over 0.3% by weight. So long as the total amount of D9 THC derived from otherwise legal hemp in anything is less than 0.3% by total weight of the product, it’s legal. In order to stay under that limit, all you need to do is make sure your 5mg gummy weighs more than ~167mg or so, which isn’t difficult.
Joining the “IANAL” and “YMMV”: The big catch here is that at no point in the production process can it have over 0.3% by weight, so you can’t just add a concentrate to the item if the concentrate is over 0.3%.
There’s a whole thing about whats THC and what counts as processing. DEA went to the courts to try to get all THC lumped equally. Courts replied that thca and Delta 9 are not the same thing and that the farm bill means what it says when it limits Delta 9 in products and limits total THC 30 days prior to processing. Then there’s the question of whether processing means harvesting or whether processing means growing and when that limit actually applies. Rod Kight is a cannabis lawyer that has some articles on it. https://cannabusiness.law/about/rod-kight-international-hemp-cannabis-business-law-attorney/
I wasn’t aware of that. Thanks for the info!
I was going to answer your question, but I got sleepy.
What’s up with Wisconsin having thc infused beer available retail when everything else is illegal?
Like the other person said, the law limits hemp-derived THC content to a percentage by weight, so soda/beer and gummies can have a lot more THC in them since they weigh a lot more than dried plant matter.
Yeah but Wisconsin is a Republican hell hole with insane mandatory minimum sentences for first time offense any possession.
It’s the federal hemp bill that makes it legal. They can’t do anything about it because it’s classified as hemp not cannabis
That is legal - the one good thing your racist asshole Grandpa (unknowingly) did while in office. Flower too. Try flowgardens.com or eighthorseshemp.com or a bunch of others.