New county ordinance puts age restriction on hemp-derived cannabinoid products
On Nov. 7, in a unanimous vote, 28 Clark County Board of Supervisors approved a new ordinance regarding hemp-derived cannabinoids. This ordinance, which is now in effect, is multi-faceted and aims to reduce youth usage of mind-alerting products that have been synthesized from legal hemp plants.
Specifically, the county ordinance prohibits the sale or delivery of any hemp-derived cannabinoid product to a person under age 21; prohibits any person under age 21 from using or possessing any amount of a hemp-derived cannabinoid; requires that retailers first verify a person’s age by checking a valid photo ID before selling or providing a hemp-derived cannabinoid product; and prohibits the sale of hemp-derived cannabinoids within 750 feet of youth-serving organizations such as, but not limited to, child care centers, schools, playgrounds, city or county parks, etc. Failure to comply with the new ordinance may result in a fine of up to $500 per violation.
Historically, the 2018 Farm Bill legalized hemp production in the United States and removed hemp from the list of federally controlled substances. As a result, it also legalized hemp-derived products. A hemp plant is defined as a cannabis plant that contains 0.3% or less of Delta-9 THC. Although the intention of the 2018 Farm Bill was to stimulate agricultural growth, it inadvertently created a loophole—leading to the development of “Novel THC” products.
Some manufacturers began to extract the non-psychoactive chemicals (cannabinoids) from hemp and convert them into mind-altering substances such as Delta-8 THC, Delta-10 THC, and others. These substances are federally unregulated, which means that they oftentimes vary in potency and can be sold to the public without proper quality control measures in place, as manufacturers do not have to disclose the presence of toxic byproducts.
In response, many states have passed their own laws to fill in the gaps left by the federal 2018 Farm Bill. Some states have regulated hemp-derived THC and others have completely prohibited it. In Wisconsin, hemp-derived THC products remain unregulated. There is no statewide age-restriction in place or restriction on where hemp-derived THC products can be sold. Across the state, a wide variety of confections, beverages and supplements that contain both intoxicating and non-intoxicating hemp-derived compounds are available for purchase in traditional brick-and-mortar establishments like gas stations, bar and grills, and smoke shops.
Many of these products are marketed in eye-catching ways to attract the attention of young consumers. Packaging often resembles that of other commercial candies or chocolates, and the flavors are also similar. Unless a local ordinance is passed (because there is no federal or statewide age-restriction in place), Wisconsin retailers can legally sell hemp-derived THC-infused products to teens and children.
According to a March 12, 2024, publication in the Journal of the American Medical Association, 11.4% of 2,186 U.S. 12-grade students self-reported Delta-8 THC use in 2023. This prevalence was noted to be higher in the Midwest. In 2022, U.S. Poison Centers reported an 82% increase in Delta-8 THC cases than in 2021.
To view the ordinance in its entirety, individuals may visit clarkcountywi.gov/code-of-ordinances and select “Chapter 26: Offenses and Nuisances.”
For more information and resources about hemp-derived cannabinoids, visit the Clark County Health Department website at clarkcountywi.gov/copy-of-ph-health-resources.
