Wisconsin has no regulatory system checking delta-8 and other hemp-derived products for safety and quality.
Although the gummies and vapes are legal, people who use hemp-based products navigate a sea of potentially mislabeled products, risking bad reactions and exposure to contaminants. They also risk testing positive for marijuana on drug tests.
Here is your guide to protecting yourself if you choose to use hemp-derived cannabis.
Be aware of the potential health threats
Consumers of delta-8 and similar products have reported bad reactions to the Food and Drug Administration and poison control centers across the country. Typical symptoms include hallucinations, vomiting, tremors, anxiety, dizziness, confusion and loss of consciousness.
It is unclear what causes these reactions.
One possibility is that the products may be more potent than advertised, leading to intense highs.
“All of a sudden, you get a 50-milligram gummy that said it was 10. Yeah, those are bad experiences,” said Antonio Frazier, board member of Americans for Safe Access, a medical marijuana lobbying group that advocates for cannabis product safety.
Another possibility is contamination from heavy metals or pesticides.
One recent study from the American Council of Independent Laboratories revealed that 15% of a sample group of delta-8 products contained illegal levels of pesticides. One product had more than 600 times the standard limit.
In another study, University of Rochester Medical Center researchers tested delta-8 vapes and found many contained heavy metals like chromium, copper, mercury, lead and more.
Stick to edible products and avoid those you inhale
One way to reduce your exposure to pesticides is to stick to edible products instead of smokable ones. That's because pesticides pose the greatest threat when inhaled, experts say.
"When you inhale cannabis, those pesticides are going directly into your bloodstream," said Josh Wurzer, founder and chief compliance officer of SC Labs, a cannabis and hemp testing lab.
In contrast, when you eat something with pesticides in it, those pesticides are broken down during digestion and pose less threat to human health, Wurzer said.
In fact, pesticides are often found in our food. The Environmental Protection Agency allows varying levels of pesticides in food, depending on the product.
"Very few agricultural consumer products are inhaled," Wurzer said. "None of these pesticides are approved for use in inhaled products."
Keep your packaging or receipts to show law enforcement
Consumers should know that "delta-8 is not a controlled substance in Wisconsin, so simple possession or usage would not be subject to enforcement action," Wauwatosa Police Department Sgt. Abby L. Pavlik said in an email.
In other words, police have no right to charge you with possession or usage of THC if you are using delta-8 or another legal hemp-derived product in public or elsewhere.
But legal hemp products can look, smell and feel identical to illegal marijuana products, which are controlled substances in Wisconsin.
In addition, delta-8 and other hemp-derived THC products are virtually indistinguishable from marijuana products on drug tests, Frazier said.
"There is no 'I take D8 and then go pass the drug test,'" Frazier said. "These drugs do not differentiate."
For those reasons, Pavlik advised delta-8 users to keep their products' packaging and receipts.
If law enforcement contact occurs, display the packaging to show that the product is legal, she said.
Look for a detailed 'certificate of analysis,' or COA
Consumers should also look for "certificates of analysis," or lab reports, about a product.
Certificates of analysis are not legally required, but many manufacturers publish them to show consumers or regulators how much and what type of cannabinoids the product contains — like delta-8, delta-9, THC-A, HHC and others.
Some certificates of analysis also show whether the products have been tested for pesticides, heavy metals and other contaminants.
Most hemp-derived THC retailers post certificates of analysis online and keep them in stores.
Products usually have a QR code that takes consumers either directly to the product's certificate of analysis or to the brand's website.
Certificates of analysis list a "batch number," which should correspond to a batch number listed on the product, said Frazier. If the batch numbers do not correspond, the certificate does not represent the retail product.
Users should also pay attention to the date on the certificate of analysis. The date of testing should be within nine months to a year. Anything older is likely out of date. The report should list an expiration date a year or so after the test was completed.
Watch out for COA manipulation
Just because a brand posts certificates of analysis on its website does not mean they are legitimate. The cannabis testing industry has a well-documented history of inaccurate certificates of analysis.
The American Council of Independent Laboratories study, which found pesticides in some hemp products, also found that 61% of the products tested were mislabeled as hemp and were considered federally illegal marijuana. All of the products' certificates of analysis were either inaccurate or not posted publicly.
The University of Rochester study found the same pattern of mislabeling and inaccurate certificates of analysis, and said the findings were "suggestive of poor testing capabilities and falsified results."
Wurzer said consumers should analyze certificates of analysis for visual signs of manipulation. That includes noticing different fonts and font sizes across the report, especially where it lists the brand's name and contact information.
Certificates of analysis typically have a photo of the product attached to it. Users should ensure that the photo appears centered and not significantly altered to accommodate the original report's formatting.
Most importantly, Frazier said, consumers should try to find information on the lab's testing protocols.
He said legitimate labs use a method of "random sampling," wherein a lab hand-picks units from a production batch at random. Random sampling limits the potential for producers to manipulate test results, he said. Consumers can contact the respective lab and ask them to disclose their methods for a particular batch, Frazier said.
If any relevant information is missing from a lab report, users can always call the lab and ask them directly. Labs can provide the certificate of analysis they have on file at their discretion.
"If there's ever a question, call the laboratory that did the testing," Wurzer said. "We can always verify whether or not a COA came from us. And we're happy to do it."
Vet the brand you are buying from
Lastly, vet the brand you are buying from. That can start with looking at their website.
No contact information is a red flag and a chronic habit of today's THC retailers, said Salem Kashou, owner of Milwaukee-based retailer Kind Oasis. It leaves consumers with no one to direct questions to, or hold accountable, if necessary.
"We don't hide from who we are," Kashou said.
A legitimate brand selling delta-8 or similar products will make their presence known to the community because they trust that their products are high-quality, Kashou added.
For example, Kind Oasis sells its THC seltzers at local movie theaters and coffee shops. They also collaborate with their neighbor Yoga Six to hold monthly yoga classes, and their bright yellow posters can often be seen in several east side businesses.
“Part of the legitimacy of the brand is to pop up at local places,” said Grant Steskal, Kind Oasis’ beverage sales director, and event and retail coordinator.
Most importantly, consumers should use common sense, Kashou and Steskal said.
"If it's at the gas station, probably not," Kashou said. "Visit a reputable store."
Zoe Jaeger is the Sharon Stark investigative intern for the Milwaukee Journal Sentinel. Contact her at zjaeger@gannett.com.
