Milwaukee Could Implement Age Restriction For Hemp-Derived THC

Neon signage at a smoke shop in Riverwest. Photo by Sophie Bolich.

Two Milwaukee children were hospitalized last summer after eating THC gummies their guardian mistook for candy.

The incident, which came to light during a recent Licenses Committee hearing, has reignited controversy over hemp derivatives like delta-8 and delta-9 — prompting city leaders to propose an ordinance restricting who can purchase such products.

“It’s frightening,” said Committee Chair JoCasta Zamarripa during a May 20 renewal hearing for Rama Foods, where the THC gummies were purchased. “We don’t have an age requirement in place for these ‘weed products’ … so the truth is, [the clerk] was within his rights to hand those gummies to a child.”

In the wake of the hearing, Zamarripa and Alderman Peter Burgelis proposed an ordinance prohibiting the sale of hemp derivatives containing tetrahydrocannabinol (THC) to persons under 21 years of age.

The ordinance covers derivatives with psychoactive properties, including delta-8 THC, delta-10 THC, THCP and others, but does not include non-intoxicating cannabinoids like CBD.

Those in violation could face fines of up to $1,000.

Since its legalization under the 2018 Farm Bill, hemp-derived THC has become commonplace at dispensaries, smoke shops, convenience stores and even breweries throughout Wisconsin — all in compliance with state and federal laws.

The products, often used to manage anxiety, ease pain, aid sleep or replace alcohol in social settings, are available in the form of vapes, gummies, beverages, flower, concentrates and tinctures.

But what happens if a child mistakenly consumes one of these products — and should anyone be held accountable?

In the case of Rama Foods, the incident resulted in an employee being fired and a hearing before the Licenses Committee. Still, the store didn’t technically break any laws.

During the hearing, Zamarripa questioned whether an age requirement exists for the purchase of hemp-derived THC products.

“Not that I’m aware of,” Assistant City Attorney Travis Gresham said.

Sergeant Guadalupe Velasquez, with the Milwaukee Police Department’s License Investigation Unit, added that officers have no authority to enforce regulations on a local level.

“At this point, it’s been determined that the FDA would be the ones regulating this product, and it’s just very difficult to find somebody to assist with those types of investigations.”

A police report also notes that a “slight language barrier” may have contributed to confusion surrounding the product.

“I believe there was some kind of miscommunication,” co-owner Manwinder Singh Bhagat told committee members during the hearing.

While the gummy packaging resembles traditional candy, the price point indicates differently, he said. “It’s not a cheap candy — I mean, you’re paying 10 bucks for a small, candy-looking bag.”

Like most throughout Milwaukee, the convenience store’s policy prohibits those under 21 from purchasing THC products, said Bhagat, who added that staff are now trained to age-check customers and deny sales that appear intended for children.

But the issue isn’t unique to Rama Foods.

Across the country, the rise of delta-8 and other cannabis derivatives has driven traffic to poison centers, according to the Food and Drug Administration (FDA).

The FDA reports national poison control centers received 2,362 exposure cases of delta-8 THC products between January 2021 and February 2022. Of those, at least 41% involved patients under 18. Adverse effects of the drug can range from confusion and dizziness to vomiting, hallucinations and loss of consciousness.

The convenience store, 6730 W. Villard Ave., had its license renewed without issue following the hearing, though police advised Bhagat and his business partner, Inderjit Singh, to be more vigilant in the future.

Bhagat said he’s taking the warning seriously, and is committed to upholding the 21 and older age restriction. “I’ve got two kids, too, and I don’t want anybody — 13, 14, 15 — t0 be consuming any of that.”

In June, Zamarripa and Burglies’ proposed ordinance was reviewed by the council’s Public Safety and Health Committee, where it passed without objection. Alderwoman Larresa Taylor later joined as a co-sponsor.

The proposal is now pending before the Milwaukee Common Council.

At the state level, Wisconsin lawmakers have called for stricter regulations on delta-8 and similar products. Meanwhile, some U.S. Representatives are seeking to close the “hemp loophole” that was created in the latest version of the Farm Bill.

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