Wisconsin Hemp & Hemp‑Derived Cannabinoid Law Guide

This guide provides educational information on Wisconsin’s hemp and hemp‑derived cannabinoid laws as of June 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 (as amended by 2021 Act 68) to include Cannabis sativa L. and any part thereof, including derivatives, cannabinoids, isomers, acids, salts, and salts of isomers, provided the delta‑9‑THC concentration does not exceed 0.3% on a dry‑weight basis (or the federal maximum up to 1%, whichever is greater) ([wpr.org](https://www.wpr.org/wp-content/uploads/2026/02/25-4219_1.pdf?utm_source=openai)). The state excludes hemp from the definition of marijuana under Wis. Stat. § 961.01(14), meaning compliant hemp products are not controlled substances ([hempdata.io](https://hempdata.io/states/wisconsin?utm_source=openai)). There is no state‑level per‑serving or per‑container THC limit; however, federal H.R. 5371, passed in November 2025 and effective November 12, 2026, will impose a 0.4 mg total‑THC per serving cap and redefine hemp to include total THC post‑decarboxylation ([cannabiswisconsin.org](https://cannabiswisconsin.org/hemp/federal-cliff?utm_source=openai)). Wisconsin has not yet enacted state law to mirror that cap. Wisconsin has not enacted explicit bans on delta‑8, delta‑10, THCa, or HHC. Wis. Stat. § 94.55’s broad definition of hemp includes these cannabinoids if Δ9‑THC remains ≤ 0.3% ([wisconsinstatecannabis.org](https://wisconsinstatecannabis.org/thc/delta-8?utm_source=openai)). The Legislative Council’s 2021 issue brief concluded that naturally occurring delta‑8 derived from hemp is likely not controlled under state law ([wisconsinstatecannabis.org](https://wisconsinstatecannabis.org/thc/delta-8?utm_source=openai)). However, the Wisconsin AG has issued guidance suggesting that synthetically converted cannabinoids may be treated as Schedule I, raising enforcement risk ([hempdata.io](https://hempdata.io/states/wisconsin?utm_source=openai)). A 2025‑26 legislative proposal (AB‑606/SB‑681) would create a regulatory framework for hemp‑derived cannabinoid products similar to alcohol, requiring licensing, testing, labeling, packaging, and 21+ sales, but it has not been enacted ([aclu-wi.org](https://www.aclu-wi.org/legislation/ab-606-hemp-regulation/?utm_source=openai)).

Shipping guidance

Inbound shipments of hemp and hemp‑derived cannabinoid products are allowed, provided they meet the ≤ 0.3% Δ9‑THC dry‑weight standard. No state age verification requirement for shipping, though carriers may impose their own. No retailer registration or license is currently required at the state level.

Testing & COA guidance

Wisconsin does not mandate ISO 17025 testing by statute, but enforcement focuses on COAs demonstrating Δ9‑THC ≤ 0.3% dry weight. DATCP rules (ATCP Chapter 22) govern hemp program operations, including sampling and testing protocols ([hempdata.io](https://hempdata.io/states/wisconsin?utm_source=openai)). COA retention is strongly advised for compliance and defense.

What to buy

Hemp‑derived products with Δ9‑THC ≤ 0.3% dry weight, including edibles, tinctures, vapes, flower, THCa flower, delta‑8, delta‑10, HHC, and other cannabinoids, are currently legal under state law if compliant with Δ9‑THC limits.

What to avoid

Avoid products with Δ9‑THC above 0.3% dry weight. Be cautious with synthetically converted cannabinoids (e.g., isomerized delta‑8) due to AG guidance treating them as Schedule I. After Nov 12 2026, avoid products exceeding 0.4 mg total THC per serving under federal law.

How to shop compliant, tested hemp

• Ensure hemp products contain ≤ 0.3% Δ9‑THC dry weight per Wis. Stat. § 94.55 (effective via 2021 Act 68)
• Retain ISO 17025 COAs showing Δ9‑THC compliance—even though not statutorily required, enforcement focuses on COAs
• No state per‑serving or per‑container THC limits yet—federal H.R. 5371 (effective Nov 12 2026) will impose 0.4 mg total THC per serving
• No statewide age restriction, but Milwaukee and some municipalities require 21+ for hemp‑derived THC products
• No state retail license required currently, but AB‑606/SB‑681 (2025‑26) would impose licensing if enacted

Helpful resource: Learn more about Wisconsin, USA

Educational content only — not legal or medical advice.

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