US State

Cannabis and hemp laws

Wisconsin

Recreational and medical marijuana illegal; THCA, delta-8, delta-10 and HHC legal; hemp delta-9 restricted

Adult use
Illegal
Medical
Illegal
Last reviewed
May 27, 2026

Wisconsin

Cannabinoid status board

All states and compounds

Delta-10 THC

Legal

Limits

Hemp-derived delta-10 lawful with no state cap or registration. No statewide age minimum; Milwaukee 21+ local ordinance applies.

Key law

Wis. Stat. §94.55 (Hemp); Wis. Stat. §961.14(4)(t); 2018 federal Farm Bill

Effective

November 30, 2018

Full rules

Delta-8 THC

Legal

Limits

Hemp-derived delta-8 lawful at retail with no state cap on per-serving or per-package THC. No state age minimum. Milwaukee 21+ ordinance applies locally.

Key law

Wis. Stat. §94.55 (Hemp); Wis. Stat. §961.14(4)(t); 2018 federal Farm Bill; DATCP guidance; 2021 Legislative Council issue brief on delta-8

Effective

November 30, 2018

Full rules

Delta-9 THC

Restricted

Limits

Hemp-derived delta-9 at <= 0.3% by dry weight lawful. Marijuana-derived delta-9 illegal except narrow CBD physician-certification under §961.32(2m). No state age minimum; Milwaukee 21+ local ordinance.

Key law

Wis. Stat. §94.55 (Hemp); Wis. Stat. §961.14(4)(t), §961.41 (Controlled Substances Act); 2018 federal Farm Bill

Effective

November 30, 2018

Full rules

HHC

Legal

Limits

Hemp-derived HHC lawful with no state cap, registration, or specific labeling. No statewide age minimum; Milwaukee 21+ local ordinance applies.

Key law

Wis. Stat. §94.55 (Hemp); Wis. Stat. §961.14(4)(t); 2018 federal Farm Bill

Effective

November 30, 2018

Full rules

THCA

Legal

Limits

Federal delta-9-only standard at 0.3% by dry weight. No state total-THC math. No state retail license required. Some local 21+ ordinances (Milwaukee).

Key law

Wis. Stat. §94.55 (Hemp); Wis. Stat. Ch. 961 (Controlled Substances Act); 2018 federal Farm Bill

Effective

November 30, 2018

Full rules

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Wisconsin

Latest news and analysis

All news

Wisconsin 2025–2026: Vape Device Directory Carveout for Hemp—Deadlines, $1,000/Day Penalties, and Retail SKU Triage

Wisconsin gave hemp vape devices a directory carveout delaying the sell prohibition to July 1, 2026 and dollar-per-day forfeitures to September 1, 2026.

Wisconsin 2025: Hemp Vape Device Directory Delay—What Retailers Can Sell Now and What’s Illegal in 2026

Wisconsin's hemp Electronic Vaping Device Directory takes effect July 1, 2026 with $1,000 per device per day forfeitures starting September 1, 2026.

Wisconsin Without a State Standard: Milwaukee’s 2025 Delta‑8 Age Limits Signal a City‑by‑City Compliance Era

Milwaukee adopted age-21 sales protocols for delta-8 and intoxicating hemp products in July 2025, filling Wisconsin's lack of a statewide hemp standard.

Wisconsin 2025–2026: Vape Device Directory Carveout for Hemp—Deadlines, $1,000/Day Penalties, and Retail SKU Triage

Wisconsin gave hemp vape devices a directory carveout delaying the sell prohibition to July 1, 2026 and dollar-per-day forfeitures to September 1, 2026.

Wisconsin 2025: Hemp Vape Device Directory Delay—What Retailers Can Sell Now and What’s Illegal in 2026

Wisconsin's hemp Electronic Vaping Device Directory takes effect July 1, 2026 with $1,000 per device per day forfeitures starting September 1, 2026.

Wisconsin Without a State Standard: Milwaukee’s 2025 Delta‑8 Age Limits Signal a City‑by‑City Compliance Era

Milwaukee adopted age-21 sales protocols for delta-8 and intoxicating hemp products in July 2025, filling Wisconsin's lack of a statewide hemp standard.

FAQ

Common questions

Is marijuana legal in Wisconsin?

Recreational marijuana is illegal in Wisconsin. Medical marijuana is not legal.

Is THCA legal in Wisconsin?

Yes. Wisconsin treats hemp-derived THCA flower and concentrates as lawful hemp so long as the finished product tests under 0.3 percent delta-9 THC on a dry weight basis.

Is delta-8 THC legal in Wisconsin?

Yes. Wisconsin treats hemp-derived delta-8 THC as lawful hemp.

Is hemp-derived delta-9 THC legal in Wisconsin?

Restricted. Wisconsin treats delta-9 THC differently depending on source.

This is general information, not legal advice.

Seed Legality

No medical or adult-use program; viable marijuana seeds illegal to sell, gift, or grow; hemp licensed federally via USDA.
Hemp seeds
Restricted
Marijuana seeds
Illegal
Sale
Illegal
Transacting
Illegal
Gifting
Illegal

Wisconsin has neither an adult-use nor a comprehensive medical program, and delivering or possessing marijuana — with THC a Schedule I substance under Wis. Stat. §§ 961.14 and 961.41 — covers viable seeds transacted for cultivation; any germination is manufacture of THC. Wis. Stat. § 961.01(14) excludes hemp from the marijuana definition and § 94.55 defines hemp to include seed at ≤0.3% THC, creating the familiar sub-0.3% seed gray zone, but no Wisconsin authority has blessed 'collectible' marijuana seed sales and the state Legislative Council's 2026 brief confirms the Nov. 12, 2026 federal redefinition will tighten, not loosen, hemp boundaries. DATCP ended its hemp program on Jan. 1, 2022, so Wisconsin hemp growers must hold a USDA producer license to plant hemp seed.

Key law:
Wis. Stat. §§ 961.01(14), 961.41; § 94.55
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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