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Home » Hemp State Laws » Wisconsin, USA

Wisconsin Hemp & Hemp‑Derived Cannabinoid Laws

Last reviewed: July 1, 2026

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

Wisconsin, USA hemp laws: quick overview

Wisconsin defines “hemp” under Wis. Stat. § 94.55 (effective as of 2025 statutes) as Cannabis sativa L. and any part thereof, including derivatives, cannabinoids, isomers, acids, salts and salts of isomers, with a delta‑9‑THC concentration of not more than 0.3% on a dry weight basis—or the maximum allowed under federal law up to 1%, whichever is greater—tested via post‑decarboxylation or similarly reliable methods ([law.justia.com](https://law.justia.com/codes/wisconsin/chapter-94/section-94-55/?utm_source=openai)). The state’s Uniform Controlled Substances Act, Wis. Stat. § 961.14(4)(t), excludes THC contained in lawful hemp from Schedule I ([legalclarity.org](https://legalclarity.org/is-cbd-legal-in-wisconsin-a-look-at-state-laws/?utm_source=openai)). Wisconsin’s hemp program transitioned to USDA licensing effective January 1 2022; producers must hold a USDA hemp producer license and ensure crops test below the delta‑9 threshold ([legalclarity.org](https://legalclarity.org/is-cbd-legal-in-wisconsin-a-look-at-state-laws/?utm_source=openai)). Pending legislation—Senate Bill 644 (2025)—would create a regulatory framework for “intoxicating hemp products,” including delta‑8, delta‑10, THCA, HHC, with age‑21 limits, testing, packaging, and penalties; it remains under consideration ([legalclarity.org](https://legalclarity.org/wisconsin-hemp-laws-regulations-for-growing-and-selling/?utm_source=openai)).

Shipping guidance

Inbound shipments of hemp‑derived products are allowed provided they comply with the delta‑9 THC ≤ 0.3% (or federal max up to 1%) definition. No state age verification requirement exists statewide, though local ordinances (e.g., Milwaukee) may impose age 21+ restrictions. No state retailer license is currently required for hemp‑derived cannabinoid sales.

Testing & COA guidance

Wisconsin requires testing of hemp crops for delta‑9 THC to issue compliance certificates under Wis. Stat. § 94.55; testing methods must be reliable (e.g., post‑decarboxylation) ([law.justia.com](https://law.justia.com/codes/wisconsin/chapter-94/section-94-55/?utm_source=openai)). Finished products currently have no state‑mandated testing panels, ISO 17025 requirement, or COA retention rules, though SB 644 would impose lab testing and COA via QR code if enacted ([legalclarity.org](https://legalclarity.org/wisconsin-hemp-laws-regulations-for-growing-and-selling/?utm_source=openai)).

What to buy

Products derived from hemp that contain ≤ 0.3% delta‑9 THC (or federal max up to 1%)—including CBD, delta‑8, delta‑10, THCA, HHC—are currently available and legal under state law, provided they meet the hemp definition.

What to avoid

Products exceeding the delta‑9 THC threshold (i.e., marijuana) remain illegal. Synthetic cannabinoids are excluded from the hemp definition and thus banned. If delta‑8 or similar cannabinoids are chemically synthesized (not naturally derived), they may be considered Schedule I under federal and state law.

How to shop compliant, tested hemp

  • Ensure Delta‑9 THC ≤ 0.3% dry weight per Wis. Stat. § 94.55 (or federal max up to 1%)
  • Use USDA hemp producer license for cultivation (since Jan 1 2022)
  • Label products accurately with cannabinoid content and batch info
  • Track pending SB 644 regulating intoxicating hemp products (age 21+, testing, packaging)
  • Be aware that delta‑8, delta‑10, THCA, HHC currently unregulated but in legal gray area

Helpful resource: Learn more about Wisconsin, USA

Educational content only — not legal or medical advice.


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FAQ

Wisconsin allows up to 0.3% delta‑9 THC by dry weight, or the federal maximum up to 1%, per Wis. Stat. § 94.55.
Yes—delta‑8 derived from hemp meeting the delta‑9 threshold is currently legal, though it remains in a legal gray area and may be restricted under pending SB 644.
No state retailer license is required currently, but producers must have a USDA hemp license; SB 644 would change retail licensing if passed.
No statewide age limit exists, though some localities like Milwaukee require buyers to be 21 or older.
No—synthetic cannabinoids are excluded from the hemp definition and are not legal under Wisconsin law.