Is Delta-9 Legal in Wisconsin?

Last reviewed: May 22, 2026

Restricted. Wisconsin treats delta-9 THC differently depending on source. Hemp-derived delta-9 in finished products at or below 0.3 percent by dry weight is lawful under Wis. Stat. §94.55. Marijuana-derived delta-9 is a Schedule I controlled substance under Wis. Stat. §961.14(4)(t) and possession or distribution is criminalized under §961.41. There is no adult-use cannabis program and no comprehensive medical cannabis program. A narrow CBD physician-certification path exists under §961.32(2m) but does not authorize psychoactive delta-9 use.

Wisconsin Cannabis & Hemp Overview

Wisconsin is one of a small group of states with neither an adult-use program nor a comprehensive medical cannabis program. Governor Tony Evers proposed adult-use legalization in the 2025-2027 biennial budget, projecting $58.1 million in fiscal year 2026-27 tax revenue. On May 8, 2025 the Republican-controlled Joint Finance Committee stripped cannabis from the budget. Senate Republicans approved a limited medical bill earlier in 2025, but Assembly leadership rejected the state-run dispensary model. Senate Majority Leader Devin LeMahieu called state-run dispensaries a "nonstarter." Public polling has shown 86 percent support for medical cannabis and 63 percent for adult-use legalization. Attorney General Josh Kaul supports legalization but lacks unilateral authority.

In the absence of a cannabis market, hemp absorbs the demand. Hemp-derived delta-9 beverages, gummies, and other products that fit inside the 0.3 percent by dry weight ceiling have grown into a meaningful retail category. The trick is that a large gummy can easily contain several milligrams of delta-9 and still be under 0.3 percent of total weight.

The Wisconsin hemp program transitioned from DATCP to USDA on January 1, 2022 (DATCP announcement September 2, 2021). DATCP keeps general consumer-protection authority over hemp food and labels.

What Wisconsin Law Actually Says

Wis. Stat. §94.55 defines hemp using the federal Farm Bill delta-9-only standard: Cannabis sativa L. and any part of the plant, including derivatives, isomers, and salts, with a delta-9 THC concentration at or below 0.3 percent on a dry weight basis (or the federal cap up to 1 percent). A finished delta-9 gummy or beverage that meets this threshold is hemp.

Wis. Stat. §961.14(4)(t) places tetrahydrocannabinols on Schedule I but excludes tetrahydrocannabinols contained in lawful hemp, in fiber from cannabis stalks or seeds, in CBD products dispensed under §961.32(2m), and in FDA-approved drug products with not more than 0.1 percent residual THC. Marijuana-derived delta-9 outside that exclusion is Schedule I.

Wis. Stat. §961.41 sets graduated penalties for marijuana possession and distribution. First-offense possession is a misdemeanor with up to six months in jail and a $1,000 fine; subsequent offenses become felonies. Distribution penalties scale by weight and proximity to schools. The October 29, 2025 Wisconsin Court of Appeals decision (2025 WI App 73) reinforced that prosecutors must affirmatively prove the substance is marijuana, not lawful hemp, to obtain a §961.41 conviction.

Wisconsin has no statewide age minimum for hemp purchases, no statewide labeling rule beyond general consumer protection, and no testing requirement for finished products. Milwaukee adopted a 2025 ordinance limiting hemp-derived THC products to buyers 21 and older.

How Enforcement Has Played Out

Marijuana enforcement varies sharply by county. Dane and Milwaukee counties largely deprioritize simple possession. Rural counties continue to prosecute. AG Kaul's office has supported legalization publicly and has not pursued hemp retailers operating in compliance with §94.55. The 2025 Court of Appeals ruling raised the prosecution bar for ambiguous samples.

What This Means for Retailers Selling Delta-9 Hemp Beverages and Edibles in Wisconsin

• Keep ISO 17025 certificates of analysis showing delta-9 THC at or below 0.3 percent on a dry weight basis for every SKU and lot.
• Track dry weight rigorously. A heavy gummy or beverage can hold several milligrams of delta-9 and still pass the 0.3 percent test. SB644 would override this with per-serving and per-container caps.
• Adopt age 21 verification voluntarily. Milwaukee requires it now; SB644 would extend statewide.
• Avoid copycat candy packaging. FDA and DATCP treat this as per se non-compliance.
• Plan for the federal H.R. 5371 §781 transition on November 12, 2026. The 0.4 mg total THC per container cap will end almost the entire hemp delta-9 beverage and edible category as it exists today.

What This Means for Consumers Buying Delta-9 in Wisconsin

You can buy compliant hemp-derived delta-9 gummies, beverages, and seltzers at Wisconsin retailers and online. Marijuana-derived delta-9 remains a controlled substance. The CBD physician-certification carve-out under §961.32(2m) covers non-intoxicating CBD only and does not authorize delta-9 use. Delta-9 metabolites are the standard target of every conventional drug test.

Pending Legislation to Watch

2025 SB644 (Sen. L. Johnson et al.) introduced November 14, 2025 would define an "intoxicating hemp product" to include any hemp product with intoxicating cannabinoids above 0.3 percent on a dry weight basis, beverages with 1 mg or more intoxicating cannabinoid per 12 fluid ounces, or edibles with 1 mg or more per serving or per package. SB644 would impose age 21, child-resistant tamper-evident packaging, cannabis symbol, 21+ symbol, keep-out-of-reach warning, FDA disclaimer, COA QR code, and ISO-style independent lab testing. Penalties range from $500 civil to $10,000 and nine months for serious violations. Parallel: 2025 AB680, AB747.

The Evers-led adult-use budget proposal will likely return in the 2027-2029 budget cycle.

Federal H.R. 5371 §781 signed November 12, 2025 and effective November 12, 2026 redefines hemp using total THC (delta-9 plus THCA times 0.877) and caps lawful hemp at 0.4 mg total THC per container for ingestion, inhalation, or topical use. Almost every commercial hemp delta-9 beverage and edible on shelves today is far above 0.4 mg. After November 12, 2026 those products will not be federally lawful hemp and Wisconsin enforcement will follow.

Frequently Asked Questions

Is hemp-derived delta-9 legal in Wisconsin in 2026? Yes. A finished delta-9 product at or below 0.3 percent by dry weight is lawful hemp under Wis. Stat. §94.55.

Is marijuana-derived delta-9 legal in Wisconsin? No. It is Schedule I under §961.14(4)(t) and possession or distribution is prosecuted under §961.41.

Does Wisconsin have a medical marijuana program? No comprehensive program. Only a narrow CBD physician-certification carve-out under §961.32(2m) for seizure-related conditions, with no dispensary network.

Is there a Wisconsin age minimum for delta-9 hemp products? No statewide minimum. Milwaukee requires 21+ for hemp-derived THC. SB644 would set 21+ statewide.

Will Wisconsin legalize recreational marijuana in 2026 or 2027? Unlikely in 2026. Joint Finance Committee stripped cannabis from the 2025-2027 budget on May 8, 2025. The next realistic window is the 2027-2029 budget cycle.

How will federal H.R. 5371 §781 affect Wisconsin hemp delta-9? Effective November 12, 2026 the federal hemp definition shifts to total THC and a 0.4 mg per container cap. Almost all current hemp delta-9 beverages and edibles will lose federal hemp status.

Does delta-9 show up on a drug test? Yes. Delta-9 is the standard target of urine, saliva, and hair THC tests.

This page is provided for informational purposes by ComplyAssistAI LLC and is not legal advice. Hemp and cannabis law in Wisconsin changes frequently. For business compliance questions, consult a Wisconsin-licensed cannabis attorney. Find one in our Cannabis Lawyer Directory.