Is CBD Legal in Wisconsin? State Hemp Rules in 2026

In short

As of November 5, 2026, hemp and hemp-derived CBD are legal in Wisconsin. State law defines hemp by its delta-9 THC level and leaves hemp out of the definition of marijuana. No doctor's certification is needed to possess hemp.^{[1, 2, 3]}

We did not find a Wisconsin law that sets a minimum age, a per-package THC cap or a retail license for hemp products. Several 2025–2026 bills would have added these rules, but all of them failed to pass on March 23, 2026.^{[1, 4, 5, 6, 7, 8, 9]}

Hemp growers in Wisconsin have been licensed by the U.S. Department of Agriculture since January 1, 2022, when the state hemp program ended. We did not find a medical or adult-use marijuana program in Wisconsin law.^{[3, 10, 11]}

At a glance

Is CBD Legal in Wisconsin? State Hemp Rules in 2026
Topic	Status
Is CBD legal?	Yes. Wisconsin's definition of hemp includes the plant's derivatives, extracts and cannabinoids, and the state's definition of marijuana leaves hemp out. State law says a person does not need a doctor's certification to possess hemp.^{[1, 2, 3]}
Hemp definition and THC limit	Wisconsin defines hemp as Cannabis sativa L. with a delta-9 THC concentration of no more than 0.3% on a dry-weight basis, or the highest level federal law allows up to 1%, whichever is greater. The level is tested after decarboxylation or with a similarly reliable method. We did not find a state limit on THC per package or per serving.^[1]
CBD in food and drinks	We could not confirm whether Wisconsin allows or bans CBD in food and drinks in official sources as of November 5, 2026. A 2021 notice from the state agriculture department (DATCP) said hemp processors stay under its authority for consumer and food products. DATCP also says CBD food products must meet state weights-and-measures labeling rules.^{[11, 12]}
Intoxicating hemp products (delta-8, THCA flower and similar)	Wisconsin law has no separate rules for delta-8 THC, THCA flower or other intoxicating hemp products. Bills in 2025–2026 would have regulated them or limited them to adults 21 and older, but all failed to pass on March 23, 2026. According to a note in the official statutes, the Wisconsin Court of Appeals held in 2025 that a rule barring prosecution unless the state agriculture department refers the case did not apply to items with THC levels far above the hemp limit.^{[1, 3, 4, 5, 6, 7, 8, 9]}
Minimum age	We could not find a statewide minimum age for hemp products in Wisconsin law as of November 5, 2026. Senate Bill 644 and Assembly Bill 680 would have barred people under 21 from buying intoxicating hemp products, but both failed to pass on March 23, 2026.^{[1, 5, 6]}
Who can sell it	We did not find a state license or registration for stores that sell hemp or CBD products. State law lets people sell hemp to the greatest extent federal law allows. DATCP stopped licensing hemp processors on January 1, 2022, and since that date hemp growers have been licensed by the USDA. We did not find state rules on online sales or delivery.^{[1, 10, 11]}
Labels and lab testing	State law bans mislabeling hemp products and knowingly making false claims about their content, THC level, quality or origin. DATCP says packaged hemp flower and CBD products must show product identity, the responsible company and net quantity. We did not find a state rule requiring lab certificates, QR codes, warnings or child-resistant packaging for retail CBD products.^{[1, 12]}
Medical and adult-use marijuana	We did not find a medical or adult-use marijuana program in Wisconsin law as of November 5, 2026. State law has a narrow exception: a person may possess a CBD product with a physician's certification issued within the past year. Hemp itself does not need a certification.^{[2, 3]}
November 12 and December 11, 2026	Wisconsin's definition uses 0.3% delta-9 THC, or a higher federal limit up to 1%, whichever is greater. Our reading is that, because of this wording, the state definition does not shrink by itself when federal law gets stricter. Also in our reading, which is not an official statement: other parts of the statute let people sell hemp only "to the greatest extent allowed under federal law," so the federal change set for December 11, 2026, unless Congress delays it again, may still narrow what is allowed in practice.^{[1, 13, 14]}

How Wisconsin defines hemp

Wisconsin's hemp law defines hemp as the plant Cannabis sativa L. and its seeds, derivatives, extracts, cannabinoids, isomers, acids and salts, with a delta-9 THC concentration of no more than 0.3% on a dry-weight basis. If federal law allows a higher level, up to 1%, the higher level applies. Testing uses post-decarboxylation or a similarly reliable method.^[1]

The state's definition of marijuana leaves out hemp. Wisconsin law also says people may grow, process, sell and possess hemp to the greatest extent allowed under federal law.^{[1, 2]}

State hemp program and rules

Wisconsin's state-run hemp program ended on January 1, 2022. Since then, hemp growers in the state have been licensed by the U.S. Department of Agriculture. DATCP said hemp processors would no longer need a state license, but would remain under its authority for consumer and food products.^{[10, 11]}

Wisconsin's hemp rule, chapter ATCP 22, exists only as a series of emergency rules, most recently EmR2111, effective May 3, 2021. A permanent version has not been added to the Administrative Code. DATCP still cites ATCP 22 for record-keeping by people who held state hemp registrations from 2018 to 2021.^{[10, 15]}

CBD and Wisconsin's controlled substances law

Wisconsin law defines a "cannabidiol product" as a Cannabis sativa extract with CBD and a delta-9 THC level that does not cause a psychoactive effect. A person may possess such a product with a physician's certification issued within the past year. State law adds that no certification is needed to possess hemp or an FDA-approved drug.^{[2, 3]}

Wisconsin's list of Schedule I drugs includes THC in any form, including chemically synthesized THC, but it leaves out THC contained in hemp.^[16]

We did not find a medical or adult-use marijuana program in Wisconsin law as of November 5, 2026.^[3]

Delta-8, THCA flower and 2025–2026 bills

Wisconsin's statutes do not set separate rules or limits for delta-8 THC, THCA flower or other intoxicating hemp products. According to a note in the official statutes, the Wisconsin Court of Appeals held in State v. Syrrakos (2025) that a rule barring prosecution unless the state agriculture department refers the case did not apply to items with THC levels far above the hemp limit.^{[1, 3]}

Lawmakers filed several hemp bills in the 2025–2026 session. Assembly Bill 606 and Senate Bill 681 would have set up a broad hemp regulation framework. Senate Bill 682 and Assembly Bill 747 would have regulated hemp-derived cannabinoid products. Senate Bill 644 and Assembly Bill 680 would have barred people under 21 from buying intoxicating hemp products. All six failed to pass on March 23, 2026.^{[4, 5, 6, 7, 8, 9]}

Labeling rules

Wisconsin's hemp law bans mislabeling hemp or hemp products and knowingly making inaccurate claims about their content, THC level, quality or origin. Violations can bring civil forfeitures of up to $1,000 for each violation.^[1]

DATCP's Bureau of Weights and Measures says CBD oils, food products, health and beauty products and hemp flower must follow state method-of-sale and labeling rules. Packaged products must show product identity, the responsible company and net quantity.^[12]

How Wisconsin law relates to the 2026 federal changes

Wisconsin's hemp definition takes the greater of 0.3% delta-9 THC or the federal limit up to 1%. Our reading is that, because of this wording, a stricter federal definition does not change the state definition by itself.^[1]

From November 12, 2026, federal law no longer counts cannabinoids that the plant cannot naturally produce as hemp. The rest of the federal change, including a 0.4 mg total THC limit per container, is set for December 11, 2026, unless Congress delays it again. Wisconsin law allows hemp activities "to the greatest extent allowed under federal law," so the federal change may narrow what is allowed in practice. This is our interpretation, not an official state statement.^{[1, 13, 14]}

What changes next

November 12, 2026
Federal synthetic cannabinoid exclusion
From November 12, 2026, federal law no longer counts cannabinoids that the plant cannot naturally produce as hemp.^{[13, 14]}
December 11, 2026
Rest of the federal hemp definition change
Set for December 11, 2026, unless Congress delays it again: a total THC limit that includes THCA and a 0.4 mg total THC limit per container for final products.^{[13, 14]}

Who regulates hemp and CBD

Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP): Enforces hemp truth-in-labeling and weights-and-measures rules; oversees consumer and food products

Timeline

May 3, 2021
Latest emergency hemp rule takes effect
Emergency rule EmR2111 is the most recent version of Wisconsin's hemp rule, ATCP 22.^[15]
January 1, 2022
State hemp program ends
Wisconsin hemp growers moved to USDA licensing, and DATCP stopped licensing hemp processors.^{[10, 11]}
March 23, 2026
2025–2026 hemp bills fail
Bills on intoxicating hemp, a minimum age of 21 and hemp-derived cannabinoid products failed to pass under the session schedule set by Senate Joint Resolution 1.^{[4, 5, 6, 7, 8, 9]}

Sources

Show 16 references

Other states

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.