Wisconsin Cannabis Regulations
Low THC / CBD OnlyRegulatory Agency: N/A ·
Cannabis Landscape Overview
Wisconsin's cannabis framework is limited to Lydia's Law (2014 Act 267), which provides an affirmative defense for patients possessing CBD oil that does not contain any THC for the treatment of seizure disorders. The law is named after Lydia Schaeffer, a child with severe epilepsy. In practice, CBD oil with zero THC is extremely difficult to produce, making the law largely symbolic. There is no state agency overseeing a cannabis program.
As of 2026, Wisconsin has not established a medical cannabis program despite significant legislative efforts and strong public polling support. Hemp-derived CBD products containing 0.3% THC or less are widely available through retail channels under the federal 2018 Farm Bill and Wisconsin's own industrial hemp program (2017 Act 100). Governor Tony Evers has repeatedly included medical and recreational cannabis legalization in budget proposals, but the Republican-controlled legislature has declined to advance these provisions. Possession of THC-containing cannabis remains a criminal offense, though first offenses for possession of small amounts are treated as misdemeanors.
Packaging Requirements
Current Standards
- No state-specific cannabis packaging regulations exist
- Hemp-derived CBD products must comply with general consumer product safety standards
- Ingestible products must follow FDA food and dietary supplement packaging rules
- Child-resistant packaging is not mandated by state law for CBD but is an industry best practice
- The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) oversees hemp product compliance
Labeling Requirements
Hemp-Derived CBD Products
- Products must be clearly identified as hemp-derived
- THC content must be stated and must not exceed 0.3%
- CBD content per serving and per container
- Manufacturer or processor name and contact information
- Net weight or volume
- Complete ingredient list
- Batch or lot number
- Third-party lab test results or Certificate of Analysis reference
Prohibited Claims
- No unapproved medical or therapeutic claims
- Products may not be marketed as treatments, cures, or preventatives for specific diseases
- Labels must accurately represent product contents per DATCP and FDA guidelines
Advertising Rules
Wisconsin has no cannabis-specific advertising regulations. Hemp-derived CBD products are subject to the Wisconsin Deceptive Trade Practices Act and general consumer protection laws enforced by DATCP. Federal FTC and FDA guidelines on health claims apply. Sellers may not make false, misleading, or unsubstantiated claims about CBD products. Marketing to minors is subject to general advertising standards. Digital, print, and broadcast advertising of legal hemp-derived CBD products is permitted provided all claims are truthful and not misleading.
Licensing Overview
Wisconsin does not issue cannabis-specific licenses. The DATCP administers the state's industrial hemp program, requiring growers and processors to obtain licenses and comply with THC testing requirements. Hemp-derived CBD product retailers operate under standard Wisconsin business licensing. There is no dispensary, medical cannabis cultivator, or processor licensing system. Legislative proposals for medical cannabis programs have been introduced repeatedly, with some receiving bipartisan support, but none have advanced to a floor vote as of 2026. If enacted, proposed legislation would typically place the program under the Department of Health Services.
Cannabis Taxes in Wisconsin (2026)
Wisconsin cannabis businesses collect and remit multiple overlapping taxes. Below is a summary of the rates that apply to retail cannabis sales as of 2026. Regulatory agency: Wisconsin Department of Agriculture, Trade and Consumer Protection (hemp program).
- Excise tax: No cannabis excise tax
- Sales tax: 5% state sales tax + typical 0.5% county sales tax applies to legal CBD/hemp products
- Local cannabis tax: No local cannabis tax
- Medical exemption: Wisconsin has no medical or adult-use program; only federally legal hemp-derived CBD is available
- Effective combined rate: 5–5.5% on CBD/hemp products
Wisconsin remains one of the few Midwest states without a medical cannabis program as of 2026.
Frequently Asked Questions
Is cannabis legal in Wisconsin?
Wisconsin does not have a recreational or comprehensive medical cannabis program. Only hemp-derived CBD products with less than 0.3% THC are legal under state and federal law.
Governor Evers has repeatedly proposed cannabis legalization, but the legislature has not passed a bill. Wisconsin remains one of the more restrictive Midwestern states regarding cannabis.
What are the packaging requirements in Wisconsin?
Since cannabis is illegal in Wisconsin, there are no state cannabis packaging requirements. Hemp-derived CBD products must comply with general consumer product safety standards.
CBD retailers should use child-resistant packaging as a best practice and ensure packaging clearly identifies products as hemp-derived.
What are the labeling requirements in Wisconsin?
Wisconsin has no cannabis-specific labeling requirements. Hemp CBD products should comply with FDA guidelines, accurately display CBD and THC content, and include appropriate disclaimers.
Labels should list all ingredients, confirm THC content is below 0.3%, and avoid any medical or therapeutic claims not approved by the FDA.
What are the advertising restrictions in Wisconsin?
Cannabis advertising is not applicable in Wisconsin since cannabis is illegal. Hemp CBD advertising must comply with FTC truth-in-advertising standards and cannot make medical claims.
CBD businesses should clearly communicate the legal, hemp-derived nature of their products and avoid any association with illegal cannabis.
How do I get a cannabis license in Wisconsin?
Wisconsin does not issue cannabis licenses. There is no medical or recreational program. Hemp businesses can register through the Wisconsin Department of Agriculture, Trade and Consumer Protection.
Entrepreneurs interested in cannabis should monitor legislative developments or consider neighboring states like Illinois or Michigan with established legal markets.
Are promotional products allowed for cannabis businesses in Wisconsin?
Cannabis promotional products are not applicable in Wisconsin since cannabis commerce is illegal. Hemp CBD businesses may use branded items that comply with federal guidelines.
CBD company promotional materials should avoid cannabis-specific imagery and clearly communicate the legal, hemp-derived nature of their products.
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