Franklin health officials urge local limits on unregulated Delta‑8 THC products

Megan Conway, a public health staff member with the Franklin Health Department, told the Board of Health that Delta‑8 THC products sold in Franklin are packaged like candy, are unregulated under current Wisconsin law, and have contributed to accidental poisonings in nearby communities.

Conway said the department has done store scans and outreach using Volition funds, surveyed parents at National Night Out and found broad support for restricting sales to adults, and noted that other Wisconsin jurisdictions have moved by ordinance. “Actually, these are all THC products, and they're all available right here locally in Franklin,” Conway said while showing examples of packaging that resembled mainstream candy.

Board members discussed options to respond at the local level. Conway offered to draft a reference or ordinance language and return it to the Board: “I can draft a reference and bring it back to the next Board of Health meeting,” she said. No formal ordinance was adopted at the meeting; the discussion produced direction to continue data collection and to prepare draft language for future consideration by the Board and, if recommended, by the Common Council.

Why this matters: Delta‑8 products are psychoactive compounds derived from hemp that, because of federal farm‑bill language, are sold in many states where they are not otherwise regulated like marijuana. Health staff and board members said the products’ candy‑like packaging and lack of serving‑size labeling raise the risk that children will ingest them accidentally. The Board noted recent incidents in the region—public reporting shows cases where children were hospitalized after ingestion—and cited the City of Milwaukee and some Wisconsin counties that have pursued local ordinances to restrict sales.

Supporting details: The department reported the results of initial community surveys and environmental scans: at a recent outreach event 33 parents completed a short survey; 19 identified as Franklin residents, 26 said they did not know where Delta‑8 products could be purchased, 24 said they were unaware there were no statewide age restrictions on these products, and all 33 said they would favor restricting sales locally to those 21 and older. Conway said she and staff visited three Franklin vape shops and observed that clerks did not check IDs during purchases in those visits, though store staff later told the health team they claimed to check IDs.

Board members discussed enforcement and legal limits. Health staff advised that local ordinances can be used to restrict sales where state law does not already preempt local action; the Board did not claim any new state authority. Staff also said some stores had agreed to distribute free medication lock boxes to customers who requested safe storage.

Next steps: Health department staff will continue environmental scans and key‑informant interviews with police, schools, and EMS, expand community surveys, and prepare draft ordinance language or a reference to present to the Board of Health. If the Board recommends an ordinance, staff said they would work with Common Council members to carry it forward for council consideration.