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Is it legal here, on this date?
Wisconsin · THCA flower & pre-rolls · on Oct 10, 2026
Unclear - not yet confirmed
- In short
- Wis. Stat. s. 94.55(1) measures delta-9 THC 'as tested using post-decarboxylation or other similarly reliable methods', and decarboxylation turns THCA into delta-9 THC, so high-THCA flower may test above 0.3%; the Legislative Council brief instead says state law continues 'to focus solely on delta-9 THC concentration rather than on total THC'. The two texts (read Oct 8, 2026) point in different directions, and neither settles it: whether THCA flower is lawful hemp under state law is not yet confirmed. The federal Dec 11, 2026 change applies regardless.
- Channel
- Unclear
- Potency caps
- None stated in the sources checked
- Minimum age
- —
- Retailer licence
- —
- Shipping into the state
- Unclear
- Effective
- —
- Next scheduled change
- None scheduled in the sources checked
- Pending
- All 2025-26 hemp bills failed Mar 23, 2026: AB 606, SB 682 and SB 644 each 'Failed to pass pursuant to Senate Joint Resolution 1'. Mayr v. Kaul, 2:26-cv-01306 (E.D. Wis., pro se, filed Jul 27, 2026): PI/TRO motion filed Aug 17; on Sep 11, 2026 the court entered an 'Order on Motion for Preliminary Injunction AND Order on Motion for TRO' (outcome not yet confirmed); an extension-of-time motion filed Oct 1 was ruled on Oct 6. The Legislative Council brief (May 19, 2026; read Oct 8, 2026) says the state's hemp definition "does not automatically change with a change to the federal definition".
- Statute / rule
- Wis. Stat. s. 94.55(1) · Wisconsin Legislative Council issue brief on federal hemp legislation (May 19, 2026)
- Checked
- Verified Oct 8, 2026
Federal overlay · applies from Dec 11, 2026
Federal: total THC (incl. THCA) ≤0.3%, 0.4 mg per container, converted delta-8
From Dec 11, 2026, hemp means total THC including THCA at 0.3% or less by dry weight; final products are capped at 0.4 mg total THC per container; cannabinoids made outside the plant (converted delta-8, delta-10) are excluded. Scheduled — Dec 11 is also the day the federal funding bill expires, and the White House budget office asked Congress in June for 'at minimum, an extension'. Watch the countdown.
General information from public sources with the statute and the check date on every row — not legal advice. Grey means not yet confirmed.
Sources
- P.L. 119-37, Div. B §781 (signed Nov 12, 2025) — the hemp redefinition — checked Oct 8, 2026
- H.R. 6500 enrolled = P.L. 119-103, Div. B §2019 (signed Sep 2, 2026) — the Dec 11 delay — checked Oct 8, 2026
- OMB letter to Speaker Johnson (Jun 24, 2026) asking for 'at minimum, an extension' of §781 — checked Oct 8, 2026
- 21 U.S.C. § 843(c)(2) — internet advertising of controlled substances (United States Code, 2023 Edition) — checked Oct 8, 2026
Frequently asked questions
›Does 'not yet verified' mean banned?
No. A grey lamp means we have not checked that state and product class against a primary source yet. It is on the verification queue. Verified rows show the statute and the day we checked.
›Does the checker decide whether my product is legal?
No. It shows the state row for a product class: the lamp, the channel, the caps and the statute. Compare your label or certificate of analysis with the caps yourself. The status lamp comes from the rules row only.
›What is a 'licensed channel only' lamp?
The product class may be sold in that state, but only through a licensed channel — a licensed hemp retailer, a liquor or package store, or a marijuana dispensary — often with caps and an age limit. The row names the channel and the statute.