Herbal Aspect co-owners Matt Nelson, left, and Alex Gish.
Co-owners Matt Nelson, left, and Alex Gish, are on the cusp of opening their fifth Herbal Aspect store.
Since opening their first shop on University Avenue in 2021, Herbal Aspect has expanded to three other locations — two in Madison and one in Sun Prairie — with another expected to open in mid-August on East Washington Avenue.
It’s fast growth by any measure, but the local hemp-based cannabis store faces one persistent challenge: convincing people their products are legal to sell in Wisconsin.
“I have friends that know me and trust me and still don’t believe me,” says Matt Nelson, co-owner of Herbal Aspect. “This knowledge gap is leading to soccer moms essentially smuggling drugs when everything they need or want is right here and completely legal in the state of Wisconsin.”
Since the signing of the 2018 Agriculture Improvement Act — known as the Farm Bill — businesses like Herbal Aspect have used a variety of loopholes in the law to sell hemp-derived products that can get people high, while marijuana remains federally illegal.
“The best way to describe it is they just did not do a very good job at defining things in the bill,” Nelson says.
But curious newbies and longtime stoners alike are left wondering how the products in their own state compare to traditional marijuana — and how those products can be legal while marijuana isn’t.
There are currently more than a dozen hemp retailers that have set up shop in Madison since the Farm Bill passed seven years ago.
The bill differentiated hemp from marijuana, which is now defined as “any part of the cannabis sativa plant that has a delta-9 tetrahydrocannabinolic (THC) content of more than 0.3% on a dry weight basis.” It left marijuana as a Schedule I substance under the Controlled Substances Act of 1970, according to a Wisconsin Legislative Council issue brief. Hemp, on the other hand, has less than 0.3% delta-9 THC and is no longer a Schedule 1 substance.
In effect, the production and sale of hemp is federally legal, even though it comes from the same plant species as marijuana. Wisconsin adopted the language of the Farm Bill — and inherited a few loopholes that allow businesses like Herbal Aspect to thrive.
But despite these loopholes, consumers are still left with questions.
“Without a medical or adult-use cannabis program and deafening silence on emerging cannabinoid products, Wisconsinites are crossing borders to shop at cannabis dispensaries but left wondering how there are cannabis products on the shelves back home,” says Krissy Atterholt, an associate with the Amundsen Davis law firm.
Tommy Washbush
Da’Mon White at Zoddies' Monona location.
Da’Mon White of Zoddies, which sells products naturally extracted from the cannabis plant.
Turns out, hemp-derived cannabis can pack just as much of a high in edibles and drinks as run-of-the-mill marijuana, thanks to a key oversight in the Farm Bill.
When it comes to edibles and drinks, the specific language surrounding “dry weight basis” allows for flexibility. The Cannabis Regulators Association notes that, while 0.3% THC in a dry, relatively light hemp plant is a small amount, the same is not true for solid or liquid products like edibles or drinks. A 50-gram chocolate bar could contain up to 150 milligrams of THC and still fall under the legal limit. Many people experience a high after ingesting as little as 5 milligrams of THC.
Some of the available flower or concentrates at Herbal Aspect contain large amounts of THCa, which is the non-psychoactive and unregulated precursor to THC. When consumers take it home, roll it up as a joint or put it in a bong or pipe to burn, the heated THCa converts to THC, which provides the high.
Since 2023, when Madison passed an ordinance to decriminalize marijuana possession of up to 28 grams, people can generally smoke and convert THCa anywhere smoking is legal, with certain exceptions. Madison’s ordinance allows Herbal Aspect to sell the non-psychoactive precursor to THC to consumers, who can then convert it into THC by lighting and smoking it.
Another exploitable oversight of the Farm Bill allows businesses to take advantage of cannabis derivatives.
Though delta-9, the primary psychoactive compound found in the cannabis plant, is explicitly prohibited under the Farm Bill, there are more than 100 other compounds to experiment with. Delta-8 has no natural psychoactive effects, according to the U.S. Food and Drug Administration, but is often manufactured to produce a “high.” It does not have FDA approval.
Producers can create psychoactive delta-8 by isolating CBD, or cannabidiol, and using chemicals to convert it into delta-8 THC. The FDA warns that the “household chemicals” used are “potentially unsafe.”
Herbal Aspect isn't afraid to play with the chemistry of cannabis to synthesize the delta-8 they sell in stores. They sell a range of cannabinoids, all hemp-derived and sourced from licensed manufacturers. Glass display cases and wooden shelves hold countless edibles — like taffy or chocolate — THCa flower, delta-8 vapes and disposables, topicals, vegan gel caps and beverages. They see delta-8 as another profitable loophole.
In fact, Herbal Aspect is diving right into the wide world of genetically modified hemp. While they usually source their cannabis supply from outside growers, Herbal Aspect has just signed a licensing agreement with the Wisconsin Alumni Research Foundation to grow Badger G hemp, Nelson says.
Developed by the University of Wisconsin and approved by the United States Department of Agriculture in April 2024, this bioengineered hemp has higher levels of cannabigerol (CBG), a non-psychoactive cannabinoid linked to more medicinal benefits to help with glaucoma and Huntington’s disease. It is also free of THC and CBD and is unregulated in the U.S.
Tommy Washbush
Dank of America's co-owner Jonny Novak.
Jonny Novak takes pride in Dank of America’s live hash rosin.
Other cannabis shops around Madison are a little more hesitant to play around with derivatives.
Jonny Novak and his business partner moved back to Wisconsin from California after the Farm Bill passed in 2018. They opened Dank of America on Williamson Street soon after and eventually expanded to a second store on East Springs Drive. He saw Madison as a “safe haven” for marijuana consumers due to its lax laws on recreational pot.
“Madison is just a safer place to live for people who smoke weed,” Novak says. “[The Farm Bill] got me to think about my future and do things right.”
At first, their business catered to people looking for non-intoxicating cannabidiol (CBD) products, also legal to sell under the Farm Bill. But he saw other shops popping up around the area selling a larger variety of edible and smokable cannabis products, and he decided to join in the fun.
“We don’t really plan things,” Novak said. “We just kind of go.”
Dank of America’s Willy Street storefront feels like a gallery, consistent with its promise of a “cultural experience” for those who shop in person. Art hangs on the walls, with couches nearby, and there’s a grand piano sitting on the smoky-patterned floor. Customers can buy some flower, borrow a clean bong from the counter, and sit down for a smoke while chatting with friends or peruse paintings for the full experience. The store also offers a quick pick up if the party is somewhere else.
If customers don’t know what they’re looking for, budtenders are available to make recommendations or find whatever suits them best, from pain relief to play. There are edibles, drinks, smokable concentrates, CBD tinctures and balms, flower, live hash rosin and cannabinol (CBN), which is often used for sleep.
Dank of America takes particular pride in its live hash rosin, Novak says. It’s available in edibles, concentrates, vapes and more and is one of the store’s most popular items.
“That’s really what sets us apart from other cannabis stores in the area,” Novak says.
The live rosin is extracted from the cannabis plant without using chemicals. The plant is harvested at “peak” maturity and immediately frozen. The flower is then washed with ice and filtered, leaving behind the hash. The hash is pressed with heat to extract the concentrated cannabinoids that can then be used in a variety of psychoactive ways, including being portioned into edibles or smoked from a dab pen. Live rosin dodges state and local marijuana regulations.
Dank of America only sells products that are naturally derived, and they aren’t alone among Madison weed vendors in that practice.
Zoddies, with locations on Park Street and Monona Drive, exclusively sells products naturally extracted from the cannabis plant — including THC, CBD, CBN and more.
Having witnessed the effects of substance abuse in Madison, co-owner Da’Mon White says he was inspired to open a cannabis shop to help people wean themselves off of harmful substances. Like White, Zoddies was born in the city, with deep roots in the community.
“Honestly, I’m related to almost half of the Black community here in town,” White says. “That’s what we mean when we say we’re really the only cultural store that really has an actual connection to the majority of the people in the city compared to the other stores.”
White is proud that Zoddies is entirely Black-owned. That is significant in a state where Black people are five times more likely than white people to be arrested for marijuana possession.
Though 63% of registered Wisconsin voters support the legalization of marijuana for recreational use, and 86% support medical marijuana legalization, the Republican-controlled state Legislature has resisted relaxing laws around pot.
In his latest budget proposal, Gov. Tony Evers recommended legalizing medical marijuana and recreational marijuana use, as well as regulating variants like delta-8. The Joint Finance Committee stripped that language from the bill on May 8, but both Democrats and Republicans have hinted that they may introduce legislation relating to marijuana in the future, says Atterholt of the Amundsen Davis law firm.
Some lawmakers in Congress have proposed loosening restrictions on medical marijuana, but in June, the House Committee on Appropriations proposed tightening allowances for cannabinoids derived from hemp.
Having a regulated market with legalized and regulated cannabis products in Wisconsin would help ensure product safety and consumer knowledge, says Atterholt.
“It would be in Wisconsin’s best interest to implement medical and recreational adult-use programs, allowing for home grow of a reasonable number of cannabis plants,” Atterholt says.
Dank of America is ready for whatever lies ahead, Novak says: “You just gotta be prepared to pivot with all these new laws changing.”
[Editor's note: This story was updated to clarify that Herbal Aspect only sells products that are hemp-derived. References to cannabidiol products were also changed to note that CBD is non-intoxicating but still considered psychoactive.]
Glossary
Marijuana flowers isolated on white background.
Tetrahydrocannabinol (THC): Psychoactive compound found in the cannabis plant.
Hemp: Part of the cannabis sativa plant that is 0.3% or less THC on a dry weight basis.
Marijuana: Part of the cannabis sativa plant that is more than 0.3% THC on a dry weight basis.
Tetrahydrocannabinolic acid (THCa): A natural compound found in cannabis that is the precursor to THC; THCa is not psychoactive until it is heated. It then becomes THC and can elicit a high. Most often found in smokables.
Cannabidiol (CBD): A non-intoxicating compound found in the cannabis plant; often used for pain relief and relaxation.
Cannabinol (CBN): A cannabinoid found in the cannabis plant formed when THC breaks down over time or due to exposure. It can have psychoactive effects in large doses. Used to relieve pain and help with insomnia.
Cannabigerol (CBG): A non-psychoactive compound found in the cannabis plant; known as the “mother of all cannabinoids” because it converts into other cannabinoids, like THC or CBD, as the plant ages.
Live hash rosin: The product of harvesting cannabis plants, freezing them to preserve the cannabinoids and terpenes, washing and filtering them until hash is left, and dry-freezing the hash. That is then pressed with heat to extract higher concentrations of cannabinoids and terpenes.
Terpenes: Chemicals found in the cannabis plant that provide different flavors in different strains of cannabis, which alter the effects those strains have on the mind.
Delta-8: A psychoactive compound found in small concentrations in the cannabis plant. In consumer products, it is usually made into a psychoactive product using hemp-derived CBD and chemicals. It is not approved by the FDA, and it may have negative effects.
Delta-9: The most abundant psychoactive compound found in cannabis that is the main component in traditional marijuana. It often leads to feelings of relaxation, increased appetite, pain relief, and in some cases, anxiety.
