Hemp Laws in Wisconsin (2026): Your Complete Survival Guide
Most people think hemp and marijuana are the same thing. They’re not. But here’s the twist: Wisconsin is about to change everything about how hemp works in the state. Seriously. If you grow hemp, sell hemp products, or even just buy those gummies from the gas station, you need to know what’s coming. Let’s break down exactly what’s happening with Wisconsin hemp laws right now.
What Is Hemp?
Hemp is a type of cannabis plant. Yep, same family as marijuana. But there’s one huge difference. Hemp contains 0.3% or less of delta-9 THC. That’s the stuff that gets you high. Marijuana has way more THC.
Think of it like this. Hemp is like near-beer. It’s from the same plant family but doesn’t pack the same punch. Wisconsin law currently allows hemp with up to 0.3% delta-9 THC. The state actually allows up to 1% if federal law ever goes that high. Pretty straightforward, right?
Here’s where it gets interesting. From 2018 until now, hemp has been totally legal to grow and sell in Wisconsin. That loophole in the 2018 Farm Bill made it possible. But things are changing fast.
The Big Federal Ban Coming in November 2026
Hold on, this part is important.
The federal government shut down in 2025. When Congress passed the bill to reopen in November 2025, they slipped in something major. A provision that bans most hemp-derived THC products nationwide. This ban takes effect on November 12, 2026.
You read that right. Most hemp products you can buy today will become illegal in less than a year. Unless Wisconsin does something about it.
The new federal rules change how hemp is defined. Instead of just measuring delta-9 THC, they’ll measure total THC. That includes all forms. Most products sold today won’t make the cut.
Wisconsin’s hemp industry is worth about $700 million. It employs around 3,500 people. All of that could disappear if nothing changes.
How Wisconsin Is Responding
Wisconsin lawmakers know what’s at stake. They’ve proposed several bills to deal with this mess. These bills would create state rules that override the federal ban.
Senator Patrick Testin introduced Senate Bill 682. This is the main proposal getting attention right now. Here’s what it would do:
It would keep hemp legal in Wisconsin even after the federal ban. The bill defines hemp as cannabis with 0.3% delta-9 THC or less. It could go up to 1% if federal law allows it. Hemp products would need lab testing. You’d have to be 21 or older to buy them. Truth-in-labeling would be required. Companies would have to list what’s actually in their products.
Wondering if this will pass? Nobody knows yet. The Legislature is divided on how to handle this.
Other Proposals on the Table
Wisconsin lawmakers have three different bills they’re considering. Yep, three. Each takes a different approach.
Representative Lindee Brill proposed one bill. It would basically ban hemp products. This would match the federal ban. The industry hates this one.
Representative Rob Swearingen has another proposal. It would regulate hemp but keep it legal. His bill adds more controls than Testin’s version.
Then there’s Testin’s Senate Bill 682 we just talked about. This one seems to have the most support. But it’s not guaranteed to pass.
Sound complicated? It is. Welcome to politics.
Current Wisconsin Hemp Laws (Until November 2026)
Right now, hemp is still legal in Wisconsin. But only if it follows specific rules.
Hemp must contain 0.3% delta-9 THC or less. Anything higher is considered marijuana. And marijuana is completely illegal in Wisconsin. No exceptions for medical use. No recreational use. Zero tolerance.
Anyone can buy hemp products right now. There’s no age limit. No testing requirements. No labeling rules. It’s basically unregulated. Gas stations, smoke shops, and online stores sell hemp gummies, vapes, drinks, and more.
This Wild West situation is one reason lawmakers want new rules.
Growing Hemp in Wisconsin
You can grow hemp in Wisconsin. But you need a license.
Since January 2022, Wisconsin doesn’t issue hemp licenses anymore. The USDA took over. Now you need a federal license from the United States Department of Agriculture.
Here’s how to get one. Create an account on the USDA Hemp eManagement Platform. It’s called HeMP. Fill out the application online. You’ll need to provide details about your growing operation. Where you’ll plant. What varieties you’ll grow. Your sales plans.
Pay the application fee. This part varies. The FBI does a background check on all key participants. Anyone with a felony drug conviction in the past 10 years is automatically disqualified. No exceptions.
Once approved, you get your license. You’ll need to report your planting to your local Farm Service Agency office every year. The USDA will test your crop. They want to make sure the THC levels stay legal.
What if your plants test too high? You have 10 days to request a retest. You pay for it. If it tests high again, you must destroy the entire crop within 10 days. Wisconsin law does provide some protection. If your THC level is between 0.3% and 1%, you won’t face criminal charges. If you planted certified seed, you’re protected no matter what the THC level is.
Not sure what counts as certified seed? The USDA doesn’t keep a list of approved suppliers. You’re on your own to find quality seeds.
Hemp Products You Can Buy Right Now
Walk into most gas stations in Wisconsin. You’ll see them. Gummies. Vapes. Drinks. Creams. All containing delta-9 THC from hemp.
These products are legal right now. But they won’t be for much longer. Most will disappear when the federal ban hits in November 2026.
Delta-8 products are popular too. Delta-8 is another type of THC. It’s made from CBD through a chemical process. The new federal rules will ban synthetically derived cannabinoids. That means delta-8 is probably done.
THCA flower is another big seller. THCA is the acid form of THC. When you heat it by smoking or vaping, it turns into regular THC. Some people use THCA to get around marijuana laws. The federal ban will likely kill this market too.
Honestly, if you rely on these products, you should start thinking about alternatives now.
Hemp Vape Products and Wisconsin’s 2025 Vape Law
Wisconsin passed a new vape law in 2025. It affects nicotine vapes right now. But it’s expanding to hemp vapes soon.
Starting July 1, 2026, hemp vapes must be registered with Wisconsin. The registration deadline is September 1, 2026. After that, selling unregistered hemp vapes is illegal.
Companies need FDA approval to sell vapes. Or they need to have applied before August 8, 2016. They must file yearly certifications. They pay $500 per product version.
This law is separate from the federal hemp ban. But it adds another layer of rules for hemp vape sellers.
What Happens If You Break Hemp Laws?
Right now, hemp laws are pretty loose. Breaking them isn’t really an issue because there aren’t many rules to break.
But here’s the catch. If your hemp product tests above 0.3% THC, it’s legally marijuana. And marijuana laws in Wisconsin are harsh.
Possessing marijuana is a misdemeanor for a first offense. You could face up to $1,000 in fines. Up to 6 months in jail. Your driver’s license can be suspended for up to 5 years.
A second offense? That’s a felony. Class I felony. Up to $10,000 in fines. Up to 3.5 years in prison. Loss of voting rights. Loss of gun rights.
Wait, it gets worse. If you’re caught with marijuana near a school, park, or public housing, you’ll get 100 hours of community service added on top.
Growing or selling marijuana carries even harsher penalties. Up to 200 grams is a Class I felony. More than that? The penalties just keep climbing.
Bringing Hemp Products From Other States
You might think you can just drive to Michigan or Illinois and buy marijuana products. Then bring them back to Wisconsin. Don’t do it.
It’s illegal to transport marijuana across state lines. Even from legal states. You could face federal charges on top of Wisconsin charges.
Hemp products are different. The 2018 Farm Bill allows interstate transport of legal hemp. So you can bring hemp products into Wisconsin. But only if they contain 0.3% THC or less.
If you’re caught with products that test higher, you’re in trouble. Law enforcement can’t tell the difference between hemp and marijuana just by looking. They’ll likely assume it’s marijuana and arrest you. You’ll have to prove it’s legal hemp later.
Many people have found this out the hard way. Don’t be one of them.
Special Situations and Exceptions
Some situations create extra confusion with hemp laws.
Driving after using hemp products is risky. Wisconsin has a zero-tolerance drugged driving law. If you have any detectable amount of THC in your system while driving, you can be charged with OWI. Operating While Intoxicated.
It doesn’t matter that you used legal hemp. The law doesn’t care about the source. Just that THC is in your blood.
Students face extra risks too. Any drug conviction can cost you federal financial aid. That includes loans and grants. A marijuana conviction could derail your entire college career.
College students also risk losing scholarships. Getting kicked out of housing. Even expulsion in some cases.
What You Should Do Right Now
If you grow hemp in Wisconsin, start planning for November 2026. The federal ban is coming. Wisconsin might pass a bill to keep hemp legal. But it’s not guaranteed.
Consider diversifying your crops. Look into other agricultural products. Don’t put all your eggs in the hemp basket.
If you sell hemp products, pay attention to the Legislature. Senate Bill 682 could save your business. Or it could die in committee. Stay informed.
If you just buy hemp products, stock up if you want. But know that this might not last. The products you rely on could disappear soon.
And whatever you do, don’t assume hemp laws will stay the same. They’re changing fast.
Hemp Farming Requirements in Detail
Let’s dig deeper into what growing hemp actually requires.
You need land. Obviously. Hemp grows best in well-drained soil with good sunlight. You’ll want to test your soil. Make sure it has the right nutrients.
You’ll need to choose your hemp variety carefully. Different strains have different THC levels. Some are bred for fiber. Some for seeds. Some for CBD. Pick one that fits your goals and stays under the legal THC limit.
The USDA doesn’t approve specific hemp varieties. That’s on you to research. Talk to other growers. Check with your local extension office.
You must notify the USDA 30 days before harvest. They’ll come test your crop. They use high-performance liquid chromatography. That’s HPLC testing. It measures total THC using a specific formula.
The inspector samples each field and each variety you grow. They send samples to a lab. You wait for results.
If you pass, great. You can harvest. If you fail, you have that 10-day window to ask for a retest. Or you destroy everything.
The Economics of Hemp in Wisconsin
Hemp can be profitable. But it’s also risky.
The market for hemp products has been growing fast since 2018. CBD products became huge. Then delta-8 and delta-9 products took off.
But prices are volatile. One year hemp is worth a fortune. The next year the market is flooded and prices crash.
Processing is another issue. You can’t just sell raw hemp plants. You need to extract CBD or other cannabinoids. That requires expensive equipment. Or you pay someone else to process it.
Distribution is tricky too. Banks often won’t work with hemp businesses. Credit card processors are hesitant. Cash becomes a problem.
And now with the federal ban coming, the entire economic model is in question.
Some hemp farmers are already switching crops. Going back to corn or soybeans. Others are holding out hope that Wisconsin will save the industry.
How Hemp Laws Compare to Marijuana Laws
Let’s be crystal clear about this. Hemp and marijuana are treated completely differently in Wisconsin.
Hemp with 0.3% THC or less is legal. You can grow it with a license. You can sell products made from it. You can possess it. No problem.
Marijuana with any amount of THC above 0.3% is illegal. Period. First offense for possession is a misdemeanor. Second offense is a felony.
There’s no medical marijuana program in Wisconsin. Lawmakers have discussed it for years. Nothing has passed.
There’s definitely no recreational marijuana. Wisconsin is surrounded by states that have legalized it. Illinois, Michigan, and Minnesota all allow some form of marijuana. Wisconsin doesn’t.
This creates weird situations. People drive to neighboring states. They buy marijuana legally there. Then they bring it back to Wisconsin. That’s a crime.
Police know this happens. They watch the borders. They stop cars with out-of-state plates. They look for any excuse to search.
The Future of Hemp in Wisconsin
Nobody knows what will happen. Honestly.
The best-case scenario is Wisconsin passes Senate Bill 682 or something similar. Hemp stays legal. The industry survives. Jobs are saved.
The middle scenario is Wisconsin passes a bill with heavy regulations. Hemp is legal but harder to sell. Some businesses survive. Others don’t.
The worst-case scenario is Wisconsin does nothing. The federal ban takes effect. The entire hemp industry disappears overnight.
Some people think Wisconsin will eventually legalize marijuana. Hemp regulation could be a stepping stone. Get people comfortable with cannabis products. Then move toward full legalization.
Others think Wisconsin will never legalize marijuana. Too much political opposition. The hemp industry is as close as we’ll get.
Time will tell.
Frequently Asked Questions
Is hemp legal in Wisconsin right now?
Yes. Hemp with 0.3% delta-9 THC or less is legal in Wisconsin. But this could change in November 2026 when the federal ban takes effect.
Do I need a license to grow hemp in Wisconsin?
Yes. You need a license from the USDA. Apply through their Hemp eManagement Platform. Background checks are required.
Can I buy hemp products like gummies and vapes in Wisconsin?
Yes, for now. These products are currently legal. But many will become illegal when the federal ban starts in November 2026.
What’s the difference between hemp and marijuana in Wisconsin?
Hemp has 0.3% delta-9 THC or less and is legal. Marijuana has more than 0.3% THC and is completely illegal. No medical marijuana is allowed in Wisconsin.
What happens if I get caught with marijuana in Wisconsin?
First offense is a misdemeanor with up to $1,000 in fines and 6 months in jail. Second offense is a felony with up to $10,000 in fines and 3.5 years in prison.
Will Wisconsin keep hemp legal after the federal ban?
Maybe. Lawmakers are working on bills to keep hemp legal in Wisconsin. But nothing has passed yet. The Legislature might not act in time.
Can I use hemp products and drive in Wisconsin?
Technically yes, but it’s risky. Wisconsin has zero-tolerance drugged driving laws. Any detectable THC in your system while driving can get you charged with OWI.
Are there age limits for buying hemp products in Wisconsin?
Not right now. But proposed laws would require buyers to be 21 or older. This could change soon.
Final Thoughts
Wisconsin hemp laws are in flux right now. What’s legal today might not be legal next year. The federal ban in November 2026 could wipe out the entire industry unless Wisconsin acts.
If you’re involved with hemp in any way, pay attention to the Legislature. Senate Bill 682 is the one to watch. Contact your representatives. Make your voice heard.
If you just use hemp products, enjoy them while you can. But have a backup plan. These products might not be around much longer.
Stay informed. Stay legal. And when in doubt, check the latest laws or talk to a lawyer.
References
- Wisconsin State Legislature Chapter 94.55 – Industrial Hemp https://docs.legis.wisconsin.gov/document/statutes/94.55
- Wisconsin Department of Agriculture, Trade and Consumer Protection – Hemp Resources https://datcp.wi.gov/Pages/Programs_Services/Hemp.aspx
- USDA Agricultural Marketing Service – Hemp Production https://www.ams.usda.gov/rules-regulations/hemp
- Wisconsin Legislature Senate Bill 682 – Hemp-Derived Cannabinoid Products https://docs.legis.wisconsin.gov/2025/proposals/sb682
- NORML – Wisconsin Marijuana Laws and Penalties https://norml.org/laws/wisconsin-penalties-2/