A person walks into Wisconsin Horticulture LLC Dispensary on July 29 in Milwaukee. Stores can no longer sell THC products to individuals younger than 21 under a new city ordinance. (Photo by Jonathan Aguilar / Milwaukee Neighborhood News Service / CatchLight Local)
By Chesnie Wardell
This story was originally published by Milwaukee Neighborhood News Service, where you can find other stories reporting on fifteen city neighborhoods in Milwaukee. Visit milwaukeenns.org.
Some concerns have emerged over a new ordinance that bans the sale of THC products like Delta-8 and Delta-10 to anyone younger than 21.
Nesha Reeves, 17, is a part of As I Am Mentoring Inc., a nonprofit that supports teens navigating real-world challenges like peer pressure.
After discovering that sellers who violate the law will receive a fine up to $1,000, Reeves thought the new law wasn’t strict enough.
“They need to enforce something stricter because people can easily pay those fines,” Reeves said.
Reeves also has concerns about individuals who may have fake IDs and clerks not catching them.
“I don’t think the law will fully stop THC from being sold to youth. It’s so much going on that teens can find a way around anything,” Reeves said.
Though products like Delta-8 and Delta-10 are hemp-based, they can still cause a high, making them dangerous for youths.
One study found a sharp increase in the rate of Delta-8 exposures reported to poison centers across the country, with more than half of the cases involving children.
Carlos Herrada, 33, a local artist, also questions the effectiveness of the new law.
“The ban is just a formality. The drinking age is 21, and people still get away with buying underage,” Herrera said.
How will law be enforced?
De’Shawn Ewing, community outreach and engagement manager of Community Advocates Public Policy Institute, questions how the ban will be enforced.
“One of my concerns is whether or not there is a system in place to help promote the enforcement of this law. Is there investment that supports MPD and other partners that would conduct compliance checks at these establishments,” Ewing asked.
The Milwaukee Police Department said it’s in the process of working with the city attorney and Common Council to determine how the new ordinance will be enforced.
Despite the uncertainty over enforcement, Ewing still believes the ban is a good start.
“It does outline the requirements to comply with and penalties for violation of this ordinance. I believe it helps to place the dangers of selling these products to youth at the forefront of retailers’ thoughts and hopefully good business practices follow,” Ewing said.
An accident gone wrong
City officials first raised concerns about the issue as an owner of Rama Foods, Inderjit Singh, sought to renew the store’s food dealer license on May 20 after an incident involving children and THC gummies.
Two children were hospitalized after eating gummies that were purchased at the food store. Video footage shows a clerk at the store handing the product to a child.
At the licensing meeting, Singh explained that an adult purchased a pack of Delta-8 gummies, but the clerk gave it to a child by mistake.
Singh said he spoke to the police and was told that clerks shouldn’t hand out THC products if they suspect they will be given to a child.
Singh said he hadn’t seen the video footage, but Ald. Peter Burgelis, one of the first co-sponsors of the ordinance, did.
Burgelis said the clerk became confused.
“The kid just wanted some candy and the clerk didn’t know what was going on. It was clearly an error, but the error didn’t have any consequences,” Burgelis said.
More on the problem
According to an analysis using data from a 2023 Monitoring the Future survey, which is funded by the National Institutes of Health, 11% of 12th-grade students in the U.S. had used Delta-8 in the past year.
In addition, nearly 91% of those who reported Delta-8 use also reported using marijuana.
The report also found that Delta-8 use was more common in the South and Midwest and in states where cannabis was not legalized or had no regulations on Delta-8.
Wisconsin has no restrictions on the sale of hemp products, such as Delta-8 or Delta-9. This means minors can purchase it legally in the state, although many sellers restrict its sale to individuals 21 years and older.
Burgelis believes there should be penalties when a child’s health isn’t being considered.
“If state legislators aren’t going to do anything to protect the kids, then Milwaukee will,” Burgelis said.
Impact on youths
Although Reeves said she believes youths will still use Delta-8 and other illegal substances, she wants them to not only be protected from harm but to strive to better themselves as well.
Reeves encourages them to participate in community activities and to find positive people.
“You don’t have to use drugs to have fun,” Reeves said.
Ewing hopes that the ban will delay access to products, so the youths’ health and brain development won’t be hindered.
“I additionally believe that community and retailer education can help enforce this throughout the city,” he said.
Jonathan Aguilar is a visual journalist at Milwaukee Neighborhood News Service who is supported through a partnership between CatchLight Local and Report for America.