Wisconsin Hemp & Hemp‑Derived Cannabinoid Laws (2026)

This guide provides educational, state‑specific information on Wisconsin hemp and hemp‑derived cannabinoid laws as of August 1, 2026. It is for educational purposes only and not legal advice.

Wisconsin, USA hemp laws: quick overview

Wisconsin Statute § 94.55 (current as of 2025) defines “hemp” as Cannabis sativa L. and any part thereof, including derivatives, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta‑9‑tetrahydrocannabinol concentration of not more than 0.3 % on a dry‑weight basis, or the maximum concentration allowed under federal law up to 1 %, whichever is greater; tested using post‑decarboxylation or similarly reliable methods ([codes.findlaw.com](https://codes.findlaw.com/wi/agriculture-food-and-trade-practices-ch-91-to-100/wi-st-94-55/?utm_source=openai)). This aligns with the 2018 Farm Bill baseline and the 2025 federal spending bill. Wisconsin producers no longer obtain state licenses; instead, licensing is handled by USDA following DATCP’s discontinuation of its program in 2022 ([legalclarity.org](https://legalclarity.org/wisconsin-hemp-laws-regulations-for-growing-and-selling/?utm_source=openai)). No Wisconsin law currently imposes a statewide minimum age for purchasing hemp‑derived cannabinoids; the Uniform Controlled Substances Act does not classify hemp‑derived cannabinoids like delta‑8 as controlled substances, so they remain legal if Δ9‑THC is within the hemp definition ([wisconsinstatecannabis.org](https://wisconsinstatecannabis.org/thc/delta-8?utm_source=openai)). Local jurisdictions such as Milwaukee have enacted 21+ age limits (Milwaukee Ordinance No. 250439, mid‑2025) ([legalclarity.org](https://legalclarity.org/how-old-do-you-have-to-be-to-buy-delta-8-in-wisconsin/?utm_source=openai)). Senate Bill 644 (2025) would have created a regulatory framework for “intoxicating hemp products” (including delta‑8, delta‑9, delta‑10, HHC, THCA), with age restrictions, packaging, testing, and penalties, but it failed to pass before the session ended ([legalclarity.org](https://legalclarity.org/wisconsin-hemp-laws-regulations-for-growing-and-selling/?utm_source=openai)).

Shipping guidance

Inbound shipments of hemp and hemp‑derived cannabinoids are allowed under federal law and Wisconsin does not impose additional state shipping restrictions. No age verification or retailer registration is required at the state level for shipping hemp‑derived cannabinoids.

Testing & COA guidance

Wisconsin does not currently mandate state‑specific lab testing panels, ISO 17025 accreditation, or COA retention for hemp‑derived cannabinoids beyond the federal USDA hemp production program requirements. DATCP’s emergency rules allow remediation of crops exceeding 0.3 % Δ9‑THC and require post‑remediation testing to confirm compliance ([datcp.wi.gov](https://datcp.wi.gov/Pages/News_Media/20210503EmergencyRuleHemp.aspx?utm_source=openai)).

What to buy

Products derived from hemp that contain ≤ 0.3 % Δ9‑THC dry‑weight (or up to federal max 1 %) are legal. This includes CBD, delta‑8, delta‑10, THCA, HHC, hemp flower, edibles, tinctures, vapes, and beverages, provided Δ9‑THC threshold is met.

What to avoid

Products exceeding the Δ9‑THC threshold (above 0.3 % dry‑weight, or above federal max) are controlled substances and illegal. No explicit state bans on delta‑8, delta‑10, THCA, HHC—but synthetic conversion may be considered Schedule I under federal/state law. If Δ9‑THC exceeds limit post‑conversion, product is illegal.

How to shop compliant, tested hemp

• Wis. Stat. § 94.55 defines hemp as cannabis with ≤ 0.3 % Δ9‑THC dry‑weight (or federal max up to 1 %)
• No state licensing for hemp producers—USDA issues licenses post‑2022
• No statewide age limit for hemp‑derived cannabinoids; local ordinances (e.g., Milwaukee 21+) may apply
• No explicit state restrictions on delta‑8, delta‑10, THCa, HHC—legal gray area under § 94.55
• No state‑mandated testing or labeling for intoxicating hemp products absent new law
• Senate Bill 644 (2025) proposed but failed—would have regulated intoxicating hemp products

Helpful resource: Learn more about Wisconsin, USA

Educational content only — not legal or medical advice.

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