As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in Wisconsin as edible / ingestible. Wisconsin: CBD ingestibles legal under the 0.3% delta-9 hemp definition; no retail rules. Controlling source: Wisconsin Legislative Council issue brief (May 19, 2026).
Verified October 8, 2026 · confidence: confirmedWis. Stat. 94.55(1) defines hemp at 0.3% THC dry weight; the Legislative Council (May 19, 2026) notes the state definition focuses on delta-9 only and does not automatically follow the federal change. No statute licenses CBD retail, sets an age limit or bans CBD food. AB 503 (2025) proposals pending. Applies to CBD ingestibles (oil/tincture, capsules, gummies, drinks). Limit noted: 0.3% delta-9 THC. Pending: State definition does not auto-follow the federal 0.4 mg change (Legislative Council). Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.
continues to focus solely on delta-9 THC concentration rather than on total THC
As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in Wisconsin as flower / raw plant. Wisconsin: hemp defined by delta-9 THC only; no smokable hemp ban, license or age limit in force. Controlling source: Issue Brief: Federal Hemp Legislation (May 19, 2026).
Verified October 8, 2026 · confidence: confirmedWis. Stat. 94.55(1) defines hemp at 0.3% THC on a dry weight basis, and the Legislative Council (May 19, 2026) notes the state definition focuses solely on delta-9 THC concentration rather than total THC and does not automatically change with the federal definition. No statute names smokable hemp, requires a hemp retail license, or sets a hemp age limit. CBD/CBG cigarettes, pre-rolls and flower meeting 0.3% delta-9 are legal under state law; federal enforcement after Dec. 11, 2026 is a separate risk. Penalty: none specific. Applies to CBD cigarettes, pre-rolls and flower. Flags: sale ban False, manufacture-only ban False, shipping ban False, 21+ False, license False, total-THC flower test False. Pending: Wisconsin's hemp definition does not automatically follow the federal 0.4 mg change (Legislative Council, May 2026); AB 503 (2025) proposals pending. Federal: hemp redefinition limiting hemp-derived products to 0.4 mg total THC per container now takes effect 2026-12-11 (moved from 2026-11-12 by H.R. 6500, signed 2026-09-02, per Foley Hoag Sept 2026); a 0.3% total-THC pre-roll can exceed 0.4 mg per container.
continues to focus solely on delta-9 THC concentration rather than on total THC
As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in Wisconsin as other. No state hemp rule for pet CBD; treats fall under general commercial feed registration. Controlling source: Wisconsin Legislative Council issue brief (May 19, 2026).
Verified October 8, 2026 · confidence: confirmedNo state hemp statute or rule addresses pet products. Pet treats are commercial feed under state feed law, and AAFCO has no hemp/CBD ingredient definition, so feed registration of CBD treats can be refused (interpretive, not a named ban). Applies to CBD pet products. Limit noted: None in hemp law; state commercial feed law applies to treats. Pending: State definition does not auto-follow the federal 0.4 mg change (Legislative Council). Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.
continues to focus solely on delta-9 THC concentration rather than on total THC
As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in Wisconsin as topical. Wisconsin: no state rule on CBD topicals. Controlling source: Wisconsin Legislative Council issue brief (May 19, 2026).
Verified October 8, 2026 · confidence: confirmedWis. Stat. 94.55(1) defines hemp at 0.3% THC dry weight; the Legislative Council (May 19, 2026) notes the state definition focuses on delta-9 only and does not automatically follow the federal change. No statute licenses CBD retail, sets an age limit or bans CBD food. AB 503 (2025) proposals pending. Applies to CBD topicals. Limit noted: 0.3% delta-9 THC. Pending: State definition does not auto-follow the federal 0.4 mg change (Legislative Council). Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.
continues to focus solely on delta-9 THC concentration rather than on total THC
| Form | Status | Headline | Verified |
|---|---|---|---|
| Edible / ingestible | Legal | Wisconsin: CBD ingestibles legal under the 0.3% delta-9 hemp definition; no retail rules. | 2026-10-08 |
| Flower / raw plant | Legal | Wisconsin: hemp defined by delta-9 THC only; no smokable hemp ban, license or age limit in force. | 2026-10-08 |
| Other | Legal | No state hemp rule for pet CBD; treats fall under general commercial feed registration. | 2026-10-08 |
| Topical | Legal | Wisconsin: no state rule on CBD topicals. | 2026-10-08 |
Among Wisconsin's 4 neighbors, Illinois, Iowa and Minnesota are restricted; Michigan is gray area.
Map and neighbor comparison show edible / ingestible. Open the interactive map · Every compound in Wisconsin
Federal gray area. FDA: CBD barred from food and supplements (enforcement discretion); 0.4 mg per container cap starts Dec 11, 2026. Federal detail
2 instruments on file for this compound's framework in Wisconsin; 8 of 9 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
066ae72f238df681[Wisconsin Legislative Council issue brief, May 19, 2026:] [s. 94.55(1) defines hemp as the Cannabis plant with THC up to 0.3 percent on a dry weight basis; the state definition] "continues to focus solely on delta-9 THC concentration rather than on total THC" [and] "the state's 'hemp' definition does not automatically change with a change to the federal definition." [Statute text not separately fetched.]
116ab44ea3a2157794.55 Industrial hemp. (1) Definition. In this section, "hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent, whichever is greater, as tested using post-decarboxylation or other similarly reliable methods. "Hemp" does not include a prescription drug product that has been approved by the U.S. food and drug administration. (2) Regulation of hemp. (a) Subject to the provisions under this section, a person may plant, grow, cultivate, harvest, produce, sample, test, process, transport, transfer, take possession of, sell, import, and export hemp in this state to the greatest extent allowed under federal law. (am) The department shall issue licenses to hemp producers if hemp producers are required to hold a license to produce hemp under federal law and if the secretary of the U.S. department of agriculture has approved this state's hemp program. If the department issues such licenses, no person may produce hemp without a license from the department.
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