Is THCA legal in Wisconsin? Wisconsin hemp, CBD and kratom laws

The law in Wisconsin

Wisconsin defines hemp in section 94.55 of its statutes as the plant and its derivatives, extracts, cannabinoids, isomers and acids with no more than 0.3 percent delta-9 THC on a dry weight basis, or the maximum federal law allows up to 1 percent, whichever is greater, as measured after decarboxylation. The wording dates from 2019 Wisconsin Act 68 and has not been changed to adopt the federal total THC rule.

The law lets anyone grow, process, sell, import and export hemp to the greatest extent federal law allows. Hemp is left out of the definition of marijuana, and THC contained in hemp is left out of Schedule I.

1. April 25, 20142013 Wisconsin Act 351 takes effect, adding mitragynine and 7-hydroxymitragynine to Schedule I.
2. December 1, 20172017 Wisconsin Act 100 creates the hemp law and allows hemp in food.
3. November 28, 20192019 Wisconsin Act 68 takes effect, setting today's hemp definition.
4. January 1, 2022DATCP's hemp program ends; USDA licenses Wisconsin growers.
5. March 23, 2026Every 2025-26 hemp bill, including age 21 and total THC proposals, fails to pass.
6. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

THCA and delta-8

No Wisconsin statute or rule names THCA. Measuring after decarboxylation turns THCA into delta-9 THC before it is measured, but the statute does not say how that applies to flower sold at retail. Two 2025 bills, AB 503 and SB 499, would have counted total THC including THCA and left out cannabinoids the plant cannot produce naturally; both failed on March 23, 2026.

No Wisconsin statute names delta-8 THC either. Schedule I lists THC in any form, natural or synthesized, except THC in hemp. We found no Attorney General opinion or appeals court ruling on hemp-derived delta-8. A related question, who must prove a THC level in a possession case, was sent by the Court of Appeals to the Wisconsin Supreme Court on August 4, 2026.

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Age, licenses and labels

Wisconsin sets no minimum age for hemp, CBD or hemp-derived THC products. Bills that would have set 21, regulated hemp-derived cannabinoid products or capped drinks at 10 mg of THC a serving, including AB 747 and SB 682, all failed to pass on March 23, 2026.

There is no state retail license for hemp. The Department of Agriculture, Trade and Consumer Protection ended its hemp program on January 1, 2022, and USDA licenses Wisconsin growers. Section 94.55 bars mislabeling hemp products or making inaccurate claims about their THC content, with forfeitures of up to $1,000, and DATCP's weights and measures rules require CBD oils, foods, beauty products and hemp flower to show identity, the responsible party and net quantity. Sellers need a Department of Revenue seller's permit, as for any taxable product.

CBD in food

Section 97.02 says the department may not consider a food adulterated solely because it contains hemp or a hemp product. A 2017 law let people with a physician's certification possess CBD, and today no certification is needed to possess hemp. DATCP's only CBD guidance, from May 2020, was written for the pilot program that ended in 2022 and said hemp could not be used in animal feed.

Kratom, kava, amanita and spores

Wisconsin lists mitragynine and 7-hydroxymitragynine, the main compounds in kratom, in Schedule I, under section 961.14. 2013 Wisconsin Act 351 added them in April 2014. Nothing changed in 2025 or 2026.

We found no Wisconsin statute naming kava, amanita muscaria or its compounds, or mushroom spores. Psilocybin and psilocin are Schedule I.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.