the definition of hemp

Wisconsin Legislature: AB503: Bill Text

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AB503: Bill Text

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2025 - 2026 LEGISLATURE
LRB-3832/1
MCP:ads&klm
2025 ASSEMBLY BILL 503
October 9, 2025 - Introduced by Representatives
Brill
,
Piwowarczyk
,
Wichgers
,
Donovan
,
Behnke
,
Dittrich
,
Gundrum
,
Maxey
,
O'Connor
and
Murphy
, cosponsored by Senators
Kapenga
,
Wanggaard
,
Jacque
and
Nass
. Referred to Committee on State Affairs.
AB503,1,6
1
An Act

to renumber and amend
94.55 (1);
to amend
94.55 (2) (b) 2m. b.,
2
94.55 (2) (b) 4s., 94.55 (3m) (a) 2., 94.67 (15c), 446.01 (2) (a), 450.03 (1) (k),
3
450.07 (1m), 961.01 (14), 961.14 (4) (t) 3., 961.32 (2m) (b), 961.32 (3) (a) 2.,
4
961.32 (3) (b) 1. to 4r. and 961.55 (9);
to create
94.55 (1) (a) 1., 94.55 (1) (a) 2.,
5
94.55 (1) (b) and 94.55 (1) (c) of the statutes;
relating to:
the definition of
6
hemp.
Analysis by the Legislative Reference Bureau
Under current law, tetrahydrocannabinol (THC) is a controlled substance, the possession, manufacture, delivery, and distribution of which are criminal offenses under the state’s Controlled Substances Act. Current law exempts hemp from the definition of THC. “Hemp” is defined under current law as “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.” The current law definition of “hemp” clarifies that it does not include a prescription drug product that has been approved by the U.S. food and drug administration.
This bill changes the definition of hemp and, as a result, what is exempted from the definition of THC under the state’s Controlled Substances Act. The bill defines “hemp” as “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 total tetrahydrocannabinol concentration, including tetrahydrocannabinolic acid, of not more than 0.3 percent in the plant on a dry weight basis.” The bill, like current law, also clarifies that “hemp” does not include a prescription drug product that has been approved by the U.S. food and drug administration.
The bill also provides that the definition of “hemp” includes industrial hemp and defines “industrial hemp” as hemp grown for the use of the stalk; hemp grown for the use of the whole grain, oil, cake, nut, hull, or any other product from the seeds of the plant; hemp grown for purposes of producing microgreens or other edible hemp leaf products derived from an immature, low-THC plant; hemp plants that do not enter the stream of commerce and that are intended to support hemp research at an institution of higher education or independent research institute; and hemp that is grown for the use of a viable seed that is produced solely to produce any of the previously mentioned products or uses.
The bill provides that the definition of “hemp” does not include a viable cannabis seed that has a total THC concentration, including tetrahydrocannabinolic acid, of more than 0.3 percent in the plant on a dry weight basis. In addition, under the bill, the definition of “hemp” does not include a hemp-derived cannabinoid product that contains a cannabinoid that is not capable of being naturally produced by a cannabis plant; a cannabinoid that is capable of being naturally produced by a cannabis plant but that is synthesized or manufactured outside of the plant; or a quantifiable amount of THC or other cannabinoid that has similar effects or is marketed to have similar effects on humans or animals as THC.
The bill defines “hemp-derived cannabinoid product” as “an intermediate or final product that is derived from hemp other than industrial hemp, that contains cannabinoids in any form, and that is intended for human or animal use through any means of application or administration, including inhalation, ingestion, or topical application.” The bill clarifies that “hemp-derived cannabinoid product” does not include a prescription drug product that has been approved by the U.S. food and drug administration.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB503,1
1
Section

1
.
94.55 (1) of the statutes is renumbered 94.55 (1) (intro.) and
2
amended to read:
AB503,2,3
3
94.55
(1)

Definition

Definitions
.
(intro.) In this section
, “hemp”
:
AB503,2,12
4
(a) “Hemp”
means the plant Cannabis sativa L. and any part of that plant,
5
including the seeds thereof and all derivatives, extracts, cannabinoids, isomers,
6
acids, salts, and salts of isomers, whether growing or not, with a
delta-9-
7
tetrahydrocannabinol

total tetrahydrocannabinol
concentration
, including
8
tetrahydrocannabinolic acid,
of not more than 0.3 percent
in the plant
on a dry
9
weight basis
or the maximum concentration allowed under federal law up to 1
10
percent, whichever is greater, as tested using post-decarboxylation or other
11
similarly reliable methods
.
“Hemp” includes industrial hemp.
“Hemp” does not
12
include
a

any of the following:
AB503,2,14
13
3. A
prescription drug product that has been approved by the U.S. food and
14
drug administration.
AB503,2
15
Section

2
.
94.55 (1) (a) 1. of the statutes is created to read:
AB503,2,18
16
94.55
(1)
(a) 1. A viable seed from a Cannabis sativa L. plant that exceeds a
17
total tetrahydrocannabinol concentration, including tetrahydrocannabinolic acid, of
18
0.3 percent in the plant on a dry weight basis.
AB503,3
19
Section

3
.
94.55 (1) (a) 2. of the statutes is created to read:
AB503,2,21
20
94.55
(1)
(a) 2. A hemp-derived cannabinoid product that contains any of the
21
following:
AB503,2,23
22
a. A cannabinoid that is not capable of being naturally produced by a
23
Cannabis sativa L. plant.
AB503,3,2
1
b. A cannabinoid that is capable of being naturally produced by a Cannabis
2
sativa L. plant but that was synthesized or manufactured outside of the plant.
AB503,3,6
3
c. A quantifiable amount, based on substance, form, manufacture, or article,
4
of a tetrahydrocannabinol, including tetrahydrocannabinolic acid, or another
5
cannabinoid that has similar effects or is marketed to have similar effects on
6
humans or animals as tetrahydrocannabinol.
AB503,4
7
Section

4
.
94.55 (1) (b) of the statutes is created to read:
AB503,3,14
8
94.55
(1)
(b) “Hemp-derived cannabinoid product” means an intermediate or
9
final product that is derived from hemp other than industrial hemp, that contains
10
cannabinoids in any form, and that is intended for human or animal use through
11
any means of application or administration, including inhalation, ingestion, or
12
topical application. “Hemp-derived cannabinoid product” does not include a
13
prescription drug product that has been approved by the U.S. food and drug
14
administration.
AB503,5
15
Section

5
.
94.55 (1) (c) of the statutes is created to read:
AB503,3,16
16
94.55
(1)
(c) “Industrial hemp” means any of the following:
AB503,3,19
17
1. Hemp grown for the use of the stalk of the plant, fiber produced from such
18
a stalk, or any other noncannabinoid derivative, mixture, preparation, or
19
manufacture of such a stalk.
AB503,3,22
20
2. Hemp grown for the use of the whole grain, oil, cake, nut, hull, or any other
21
noncannabinoid compound, derivative, mixture, preparation, or manufacture of the
22
seeds of such a plant.
AB503,4,2
23
3. Hemp grown for purposes of producing microgreens or other edible hemp
24
leaf products intended for human consumption that are derived from an immature
1
hemp plant that is grown from seeds that do not exceed the threshold for total
2
tetrahydrocannabinol concentration in par. (a).
AB503,4,5
3
4. A hemp plant that does not enter the stream of commerce and that is
4
intended to support hemp research at an institution of higher education or at an
5
independent research institute.
AB503,4,7
6
5. Hemp that is grown for the use of a viable seed of the plant produced solely
7
for the production or manufacture of any material described in subds. 1. to 4.
AB503,6
8
Section

6
.
94.55 (2) (b) 2m. b. of the statutes is amended to read:
AB503,4,11
9
94.55
(2)
(b) 2m. b. A procedure for testing, using post-decarboxylation or
10
other similarly reliable methods,
delta-9-tetrahydrocannabinol

11
tetrahydrocannabinol
concentration levels of hemp.
AB503,7
12
Section

7
.
94.55 (2) (b) 4s. of the statutes is amended to read:
AB503,4,17
13
94.55
(2)
(b) 4s. Following any required sampling and testing, or if the
14
department determines that sampling and testing are not required, the department
15
shall issue a certificate that states that the hemp has been tested or is not required
16
to be tested for
delta-9-tetrahydrocannabinol

tetrahydrocannabinol
concentration
17
and is in compliance with this section and rules promulgated under this section.
AB503,8
18
Section

8
.
94.55 (3m) (a) 2. of the statutes is amended to read:
AB503,4,22
19
94.55
(3m)
(a) 2. Knowingly make an inaccurate claim about the content,
20
delta-9-tetrahydrocannabinol

tetrahydrocannabinol
concentration, quality, or
21
origin of hemp or a hemp product in the course of transferring or selling the hemp or
22
hemp product.
AB503,9
23
Section

9
.
94.67 (15c) of the statutes is amended to read:
AB503,4,24
24
94.67
(15c)
“Hemp” has the meaning given in s. 94.55 (1)
(a)
.
AB503,10
1
Section

10
.
446.01 (2) (a) of the statutes is amended to read:
AB503,5,8
2
446.01
(2)
(a) To examine into the fact, condition, or cause of departure from
3
complete health and proper condition of the human; to treat without the use of
4
drugs as defined in s. 450.01 (10), other than hemp, as defined under s. 94.55 (1)
(a)
,
5
or surgery; to counsel; to advise for the same for the restoration and preservation of
6
health or to undertake, offer, advertise, announce or hold out in any manner to do
7
any of the aforementioned acts, for compensation, direct or indirect or in
8
expectation thereof; and
AB503,11
9
Section

11
.
450.03 (1) (k) of the statutes is amended to read:
AB503,5,12
10
450.03
(1)
(k) A person who sells, gives away, or barters hemp, as defined in s.
11
94.55 (1)
(a)
, or takes any of the actions described in s. 450.01 (16) (a) to (k) in
12
relation to hemp.
AB503,12
13
Section

12
.
450.07 (1m) of the statutes is amended to read:
AB503,5,15
14
450.07
(1m)
A license is not required under this section for a person to engage
15
in the manufacturing of hemp, as defined in s. 94.55 (1)
(a)
.
AB503,13
16
Section

13
.
961.01 (14) of the statutes is amended to read:
AB503,6,2
17
961.01
(14)
“Marijuana” means all parts of the plants of the genus Cannabis,
18
whether growing or not; the seeds thereof; the resin extracted from any part of the
19
plant; and every compound, manufacture, salt, derivative, mixture or preparation of
20
the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana” does
21
include the mature stalks if mixed with other parts of the plant, but does not
22
include fiber produced from the stalks, oil or cake made from the seeds of the plant,
23
any other compound, manufacture, salt, derivative, mixture or preparation of the
24
mature stalks (except the resin extracted therefrom), fiber, oil or cake or the
1
sterilized seed of the plant which is incapable of germination. “Marijuana” does not
2
include hemp, as defined in s. 94.55 (1)
(a)
.
AB503,14
3
Section

14
.
961.14 (4) (t) 3. of the statutes is amended to read:
AB503,6,5
4
961.14
(4)
(t) 3. Tetrahydrocannabinols contained in hemp, as defined in s.
5
94.55 (1)
(a)
.
AB503,15
6
Section

15
.
961.32 (2m) (b) of the statutes is amended to read:
AB503,6,13
7
961.32
(2m)
(b) An individual may possess a cannabidiol product if the
8
individual has certification stating that the individual possesses a cannabidiol
9
product to treat a medical condition, if the certification has an issue date that is no
10
more than one year prior to the possession, and if any expiration date provided by
11
the physician in the certification has not passed. A certification is not required to
12
possess hemp, as defined in s. 94.55 (1)
(a)
, or a prescription drug product that has
13
been approved by the U.S. food and drug administration.
AB503,16
14
Section

16
.
961.32 (3) (a) 2. of the statutes is amended to read:

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