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Wisconsin Legislature: SB644: Bill Text
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SB644: Bill Text
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2025 - 2026 LEGISLATURE
LRB-5278/1
MJW:skw
2025 SENATE BILL 644
November 14, 2025 - Introduced by Senators
L. Johnson
,
Larson
,
Pfaff
,
Ratcliff
,
Roys
,
Spreitzer
and
Wall
, cosponsored by Representatives
Sinicki
,
Hysell
,
Madison
,
Andraca
,
Arney
,
Bare
,
Brown
,
Clancy
,
DeSmidt
,
Emerson
,
Fitzgerald
,
Goodwin
,
Johnson
,
Kirsch
,
Miresse
,
Moore Omokunde
,
Neubauer
,
Palmeri
,
Prado
,
Roe
,
Sheehan
,
Snodgrass
,
Stroud
,
Stubbs
and
Taylor
. Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.
SB644,1,3
1
An Act
to amend
94.55 (1);
to create
94.55 (1m) and 94.56 of the statutes;
2
relating to:
prohibiting individuals under age 21 from accessing intoxicating
3
hemp products and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill adds three definitions to the provisions regarding hemp—“intoxicating cannabinoid,” “intoxicating hemp product,” and “nonintoxicating cannabinoid”—and restricts access to intoxicating hemp products for individuals under age 21.
Under current law, a person may plant, grow, cultivate, harvest, produce, sample, test, process, transport, transfer, take possession of, sell, import, and export hemp, subject to regulation by the Department of Agriculture, Trade and Consumer Protection. “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 defines “intoxicating cannabinoid,” “intoxicating hemp product,” and “nonintoxicating cannabinoid” for the purposes of hemp regulation and clarifies that “hemp” includes an “intoxicating hemp product.” Under the bill, “intoxicating cannabinoid” means delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, delta-10-tetrahydrocannabinol, tetrahydrocannabinolic acid, hexahydrocannabinol, tetrahydrocannabiphorol, tetrahydrocannabinol-O-acetate, or any other cannabinoid or cannabinoid derivative that produces intoxication when consumed. “Intoxicating hemp product” means a hemp product that contains intoxicating cannabinoids at a concentration of more than 0.3 percent on a dry weight basis, a hemp product in the form of a beverage that contains intoxicating cannabinoids at a concentration of 1.0 milligram or more per 12 fluid ounces of beverage, or an edible hemp product that contains intoxicating cannabinoids at a concentration of 1.0 milligram or more per serving or per package, regardless of the intoxicating hemp product’s total concentration of nonintoxicating cannabinoids. “Nonintoxicating cannabinoid” means cannabidiol, cannabigerol, cannabichromene, cannabinol, or any other cannabinoid, other than tetrahydrocannabinol or its precursors, that does not produce intoxication at typical serving levels.
Under current law, there is no age restriction on activities related to hemp. This bill restricts access to intoxicating hemp products to individuals age 21 or older. Under the bill, DATCP or a law enforcement officer may seize hemp product that is sold to or in the possession of an individual under age 21.
Additionally, no person may sell any intoxicating hemp product to a person under age 21 or purchase such a product on behalf of a person who is under age 21. Under the bill, the penalties for such a violation vary depending on whether the person has committed a previous violation and range from a civil forfeiture of up to $500, if the person has no previous violations, to a fine of up to $10,000 and imprisonment for up to nine months or both, if the person has committed three or more violations in the preceding 30 months.
Under current law, the penalty for violating hemp producer regulations is a forfeiture of not less than $200 nor more than $5,000 or, for a subsequent offense committed within five years, a forfeiture of not less than $400 nor more than $10,000. Under the bill, that penalty applies to certain violations regarding the sale of intoxicating hemp products generally.
This bill makes no changes to the status of tetrahydrocannabinols generally under the state’s Uniform Controlled Substances Act.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB644,1
1
Section
1
.
94.55 (1) of the statutes is amended to read:
SB644,3,9
1
94.55
(1)
Definition.
In this section, “hemp” means the plant Cannabis
2
sativa L. and any part of that plant, including the seeds thereof and all derivatives,
3
extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing
4
or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3
5
percent on a dry weight basis or the maximum concentration allowed under federal
6
law up to 1 percent, whichever is greater, as tested using post-decarboxylation or
7
other similarly reliable methods.
“Hemp” includes an intoxicating hemp product, as
8
defined in s. 94.56 (1) (c).
“Hemp” does not include a prescription drug product that
9
has been approved by the U.S. food and drug administration.
SB644,2
10
Section
2
.
94.55 (1m) of the statutes is created to read:
SB644,3,12
11
94.55
(1m)
Exemption.
Subsections (2) to (4) do not apply to intoxicating
12
hemp products, as defined in s. 94.56 (1) (c).
SB644,3
13
Section
3
.
94.56 of the statutes is created to read:
SB644,3,15
14
94.56
Intoxicating hemp products.
(1)
Definitions.
(a) “Hemp” has the
15
meaning given in s. 94.55 (1).
SB644,3,16
16
(b) “Intoxicating cannabinoid” means any of the following:
SB644,3,17
17
1. Delta-8-tetrahydrocannabinol.
SB644,3,18
18
2. Delta-9-tetrahydrocannabinol.
SB644,3,19
19
3. Delta-10-tetrahydrocannabinol.
SB644,3,20
20
4. Tetrahydrocannabinolic acid.
SB644,3,21
21
5. Hexahydrocannabinol.
SB644,3,22
22
6. Tetrahydrocannabiphorol.
SB644,3,23
23
7. Tetrahydrocannabinol-O-acetate.
SB644,4,2
1
8. Any other cannabinoid or cannabinoid derivative that produces intoxication
2
when consumed.
SB644,4,4
3
(c) “Intoxicating hemp product” means any of the following, regardless of the
4
concentration of nonintoxicating cannabinoids:
SB644,4,6
5
1. A hemp product that contains intoxicating cannabinoids at a concentration
6
of more than 0.3 percent on a dry weight basis.
SB644,4,9
7
2. A hemp product in the form of a beverage that contains intoxicating
8
cannabinoids at a concentration level of 1.0 milligram or more per 12 fluid ounces of
9
beverage.
SB644,4,11
10
3. An edible hemp product that contains intoxicating cannabinoids at a
11
concentration level of 1.0 milligram or more per serving or per package.
SB644,4,12
12
(d) “Nonintoxicating cannabinoid” means any of the following:
SB644,4,13
13
1. Cannabidiol.
SB644,4,14
14
2. Cannabigerol.
SB644,4,15
15
3. Cannabichromene.
SB644,4,16
16
4. Cannabinol.
SB644,4,18
17
5. Any other cannabinoid, other than tetrahydrocannabinol or its precursors,
18
that does not produce intoxication at typical serving levels.
SB644,4,21
19
(2)
Sampling, testing, and certificates of analysis for intoxicating
20
hemp products.
No person may sell an intoxicating hemp product unless all of the
21
following apply:
SB644,5,2
22
(a) The intoxicating hemp product manufacturer has submitted a
23
representative sample of each intoxicating hemp product to an independent,
1
accredited laboratory for testing in accordance with generally accepted industry
2
standards.
SB644,5,11
3
(b) The intoxicating hemp product is accompanied by a certificate of analysis
4
from the laboratory that tested it under par. (a) indicating what, if any,
5
contaminants are in the intoxicating hemp product, the kinds of cannabinoids in
6
the intoxicating hemp product, and the level of cannabinoid potency in the
7
intoxicating hemp product, and verifying that the intoxicating hemp product meets
8
the definition of an intoxicating hemp product under sub. (1) (c). The certificate of
9
analysis shall accompany an intoxicating hemp product by means of a quick
10
response code on the intoxicating hemp product’s package label as it appears to a
11
consumer at the time of sale.
SB644,5,14
12
(3)
Packaging and labeling requirements.
In addition to any packaging
13
and labeling requirements established under federal law, no person may sell an
14
intoxicating hemp product in this state unless all of the following apply:
SB644,5,16
15
(a) The intoxicating hemp product is packaged for retail sale in child-
16
resistant, tamper-evident, and opaque packaging.
SB644,5,18
17
(b) If the intoxicating hemp product’s package contains multiple servings, the
18
intoxicating hemp product’s package is resealable.
SB644,5,21
19
(c) The intoxicating hemp product’s appearance or packaging does not appeal
20
to children in its resemblance to candy, snacks, or other products marketed to
21
appeal to children.
SB644,5,23
22
(d) The intoxicating hemp product is packaged and the package’s label as it
23
appears to a consumer at the time of sale includes all of the following information:
SB644,5,24
24
1. The name and type of the packaged intoxicating hemp product.
SB644,6,1
1
2. The net weight or volume of the packaged intoxicating hemp product.
SB644,6,3
2
3. The recommended serving size of the packaged intoxicating hemp product
3
and the number of serving sizes that are included in the package.
SB644,6,5
4
4. The type and amount, or potency, of any cannabinoid contained in each
5
recommended serving size of the packaged intoxicating hemp product.
SB644,6,7
6
5. A complete list of ingredients contained in the packaged intoxicating hemp
7
product.
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