Wisconsin

Wisconsin is one of the country’s most permissive hemp beverage markets and the most permissive among Great Lakes states — a distinction that makes it exceptionally exposed to the federal cliff on November 12, 2026. Wisconsin Act 68 (SB 188, 2019), signed by Gov. Tony Evers, aligned Wisconsin state law with the federal 2018 Farm Bill via Wis. Stat. § 94.55. The state statute defines hemp using the federal 0.3% delta-9 dry-weight standard OR the maximum concentration allowed under federal law up to 1%, whichever is greater, and applies post-decarboxylation testing methodology. Critically, § 94.55 explicitly removes compliant hemp from Wisconsin’s Controlled Substances Act and clarifies that tetrahydrocannabinols within compliant hemp are not Schedule I under state law. That definitional structure creates an unusually permissive market: there is no state-level milligram cap on hemp products, no statewide age restriction for hemp cannabinoid purchases, no comprehensive retailer licensing framework, no state-level ban on synthetic cannabinoids or converted isomers, and no total-THC standard at the state level. Delta-8, delta-9, delta-10, HHC, THCP, THCA, and all hemp-derived cannabinoids are currently available at retail across Wisconsin. Cultivation operates entirely through the USDA — Wisconsin’s Department of Agriculture, Trade and Consumer Protection (DATCP) transferred hemp cultivation licensing to the USDA Domestic Hemp Production Program in 2021. Approximately 470 federally licensed hemp growers operate in Wisconsin as of 2026. Governor Evers has publicly estimated the Wisconsin hemp industry at $700 million with approximately 3,500 jobs — figures cited in his public warnings about Section 781’s expected impact. Local municipalities have imposed the only current age restrictions on hemp cannabinoid sales: Milwaukee and Madison both require 21+ purchases via local ordinance. Some counties have additional requirements. 2023 Wisconsin Act 73 added a retailer license requirement (from municipality of operation) for electronic vaping device sales, and prohibited the sale of electronic vaping devices not registered with the Wisconsin Department of Revenue (DOR). DOR registration requires the device manufacturer to submit a certificate of analysis from an independent laboratory establishing that the device does not contain nicotine. Hemp electronic vaping device registration requirements take effect July 1, 2026 — retailers may sell unregistered products until that date. 2025 Assembly Bill 680, introduced November 2025, would create a new Wis. Stat. § 94.56 governing ‘intoxicating hemp products.’ AB 680 would define ‘intoxicating cannabinoid’ and ‘intoxicating hemp product,’ establish a statutory 21+ age gate for intoxicating hemp product sales, and impose escalating penalties (up to $500 civil forfeiture for first offense; up to $10,000 fine and up to nine months imprisonment for third violation). Notably, AB 680 does not currently include per-serving or per-package mg caps or a comprehensive licensing framework — reflecting Wisconsin’s general disinclination toward tight product-potency restrictions. Wisconsin has no medical cannabis program and no adult-use cannabis program — the only Great Lakes state without a legal cannabis market. Multiple legalization attempts have failed in the Republican-controlled legislature. The Wisconsin Legislative Council issued an issue brief on May 19, 2026 analyzing the impact of Section 781 on Wisconsin. The brief confirmed that Section 781’s changes do not directly affect the legality of hemp under state law because Wisconsin’s statutory definition continues to focus solely on delta-9 THC concentration rather than total THC. But the brief also notes that federal preemption principles apply — ‘legality under state law is not a defense to a violation of federal law’ — and that Wisconsin hemp producers licensed by USDA will be subject to the narrower federal hemp definition to obtain or maintain USDA licensure. That creates a bifurcated landscape: retail activity at compliant state law level continues, but federal enforcement risk attaches for products that fall outside the federal definition post-November 12, 2026. For the federal cliff on November 12, 2026, Wisconsin is one of the most exposed markets in the country. Section 781’s shift to total-THC standard and 0.4mg per-container ceiling will directly reshape virtually every current Wisconsin hemp product SKU with no state pre-alignment on any dimension — no total-THC standard, no synthetic ban, no per-container mg cap, no comprehensive framework. The Wisconsin State Journal and Wisconsin Watch have both reported Governor Evers’ estimate that Section 781 could impact 3,500 jobs and $700 million in economic input. Governor Evers has publicly criticized Section 781’s rapid implementation. Expect AB 680 or a successor to pass in the 2026-2027 session, likely with tighter provisions than the current draft including federal-aligned per-container mg caps. Wisconsin’s hemp beverage market will contract sharply through Q4 2026 and Q1 2027 as federal enforcement clarifies.