Ahead of the Save Hemp rally at Kelly's Greens on July 29th, we had Erin Kelly on our show on Friday to break down where Wisconsin and the US are when it comes to the legalization and now pending ban on hemp products.
Wisconsin remains one of the few states where recreational marijuana is illegal, but hemp-derived products — including some THC drinks, gummies, and other “intoxicating hemp” products — have been sold legally under the federal hemp framework created by the 2018 Farm Bill. That law defined hemp as cannabis with no more than 0.3% delta-9 THC by dry weight, which created a legal lane for hemp-derived cannabinoids and THC products.
That legal status is now in flux. Federal changes are scheduled to take effect in November 2026 that would sharply redefine legal hemp and effectively ban many currently sold hemp-derived THC products by limiting products to 0.4 milligrams of total THC per container. Wisconsin lawmakers have also considered state-level regulation of hemp-derived cannabinoid products, including definitions and rules for products containing delta-8, delta-9, delta-10, and other hemp-derived cannabinoids.
