Parent concerns over legal THC spiking: How state lawmakers may regulate it
MADISON, Wis. (CBS 58) -- Legal THC products, with similar effects to marijuana, are popping up everywhere across Wisconsin leading to a rise in poison center calls and widespread concerns among parents and state lawmakers.
While marijuana is illegal in Wisconsin, Delta-8, Delta-9 and other THC products are technically legal under federal and state laws because they are derived from hemp and contain less THC, 0.3%, than cannabis.
That’s thanks to a loophole in the 2018 Farm Bill that legalized sales.
Since then, government officials have been unable to figure out how to regulate the industry.
It’s led to CBD stores, vape shops, bars and gas stations taking advantage of the legal gray area to sell THC products that can get users high.
“[Delta-9 and CBD] has become a major chunk of the products we sell,” said Tim O’Brien, owner of the Healthy Place in Fitchburg.
With little to no oversight, the industry continues to evolve with new products such THC infused drinks, vapes, edibles, even mushroom bars and gummies that can create a psychedelic effect.
Many of the products are sold in brightly colored packaging and marketed as a legal alternative to marijuana to treat pain, anxiety, and depression.
“Since the FDA doesn't regulate the industry, you can really get away with a lot that's concerning,” said O’Brien. “It seems like everyone, and their mom is trying to sell these products.”
Parents ‘Fed Up’
While Delta-8 is legal for adults, its use among teenagers remains illegal due to the potential for developmental harm.
However, that's not stopping many teens from getting their hands on these products.
Brittany Sterwalt, a mother of five, said two months ago she had to call 9-1-1 after her son started experiencing paranoia effects from Delta-8.
"He was literally screaming at the top of his lungs screaming they're coming for me, help me!" said Sterwalt, who lives in Sussex. "The doctors at the hospital basically told me it was all side effects of Delta 8/9."
Adverse effects from Delta-8 THC products can include hallucinations, vomiting, anxiety, dizziness, confusion, and loss of consciousness, according to a health warning issued by the Centers for Disease and Control and Prevention.
In 2021, the CDC reported cases of “children experiencing deep sedation and slowed breathing with initial increased heart rate."
"When the ambulance got here, at that point I was shaking a lot to the point I couldn't stand up to walk," said Allen Jansen, Sterwalt's 16-year-old son who consumed Delta-8.
"I smoked too much so I didn't really have control or any idea of what was going on," he said.
Poison centers across the country have also seen a sharp rise in Delta-8 exposure calls. In the latest report by America’s Poison Centers, Delta 8 calls jumped 82% from 2021 to 2022.
Data from the Wisconsin Poison Center from 2022 shows 145 calls were made, with 47 of those involving kids younger than 12 years old.
Many other parents who spoke to CBS 58 on and off-camera shared similar experiences of their teenagers experimenting with Delta THC products and having adverse effects.
Denise Collier, from Juneau County, said she started to notice a change in her teenage son at the age of 15 after he began using Delta-8.
"He was a very ambitious kiddo to begin with and then we saw a slump in his grades," said Collier, from Mauston. "He was highly unmotivated."
Collier's son Miles, now 20 years old, did improve after therapy and she credited having a strong support system at home, but her concerns are growing after speaking to more parents.
"It's baffling where these kids are getting them," Collier said. "I've heard from other moms who say they're finding them in middle schools."
Collier is one of several parents calling on lawmakers to act. Her message: "Let us know what's in these products and stop making them so accessible."
Lawmakers Eye Regulations
Seven years after a legal gray area opened the door allowing businesses to sell legal THC, Democrats and Republicans at the state Capitol appear united on regulating the industry.
"I don't think anyone thinks our current situation is good," Assembly Minority Leader Gretta Neubauer (D-Racine) said.
CBS 58 spoke to all four legislative leaders -- Assembly Speaker Robin Vos, Senate Majority Leader Devin LeMahieu, Senate Minority Leader Dianne Hesselbein and Assembly Minority Leader Gretta Neubauer.
All signaled they'd entertain legislation this year to address widespread concerns. One idea already gaining bipartisan support would raise the age from 18 to 21 to purchase the legal THC products.
"Unfortunately, it's not illegal for kids," said Vos, R-Rochester. "There are many places that choose not to sell it to kids, but it's not illegal so that is one area we really want to look at."
At Herb RX in Sauk City, owner Sara Hornung is skeptical about raising the purchasing age.
"I don't think that we should have to do that now since it's been so long, six years or so since we've had it at 18," said Hornung, who does not sell to minors.
Only a handful of states (Alabama, Florida, Kentucky, Maryland and Wyoming) have passed laws preventing youth from buying Delta-8 THC.
Meanwhile more than a dozen states have banned Delta 8 while others have imposed tighter restrictions. Minnesota and Michigan both limit THCs levels. For example, THC products must be less than 5 mg per serving.
Industry leaders do worry if regulations are enacted by lawmakers, it could impact sales.
"I don't mind regulation if it's going to help enhance the industry," O'Brien said. "I'm more concerned if regulation prevents people from being able to get these products that can bring relief."
However, O'Brien and Hornung agree there needs to be steps taken to keep legal THC out of the hands of children.
"There has to be some consequence if you're selling to minors," said Stewalt. "I would honestly just ban it."
Marijuana Legalization Push
Democrats and some business owners believe one solution to a largely unregulated industry would be legalizing marijuana.
Hornung and O'Brien said they would likely no longer sell Delta infused products if cannabis was legalized for medical or recreational purposes because it would remove the "legal gray area."
"We could then sell higher THC products instead of having to mix so many cannabinoids together to get higher quality," said Hornung.
Gov. Tony Evers said it would be "nice to do both things at once," signaling his support for Delta-8 regulations, such a raising the purchasing age to 21, while also legalizing cannabis.
"We have to get clarity on what's going on," said Evers. "But public polling also seems to indicate legalizing marijuana… is something we should be supporting also."
Democrats agree, but for years the GOP-controlled Legislature has been unable to pass any marijuana reforms.
In recent years, top Republicans in the Assembly and Senate have proposed bills to legalize cannabis for medical purposes, but key opposition has prevented the measures from advancing.
The issue is expected to be revisited again this year, but it's unclear whether both chambers can agree on the framework of a medical marijuana bill after it was a major sticking point in 2024.