WI Republican Lawmakers attack federal hemp program
We knew it was coming, it was a just a matter of when and who. Republican lawmakers chose to not fund our Wisconsin Hemp Pilot program a few years back to make it permanent, if they did, the state would have continued to run the program and make the rules. Instead, the program was kicked to the curb and Wisconsin sent the hemp program back to the USDA and to be ran by the federal government. Prior to and during this transition, it was made very clear that some politicians thought the federal bill had “loophole” language, while others praised the language as one of the most strategic ways laws/language created to help end the prohibition of cannabis in the United States. Either way, the writing was on the wall to Wisconsin….. make your hemp bill permanent or the federal government will do it for you. Now a few select prohibitionist type Republicans join forces with some freshman Republican to propose a bill that threatens an entire industry.
It is a shame that the friendly Republicans could not join forces with the Democrats who have been writing legislation on cannabis reform for years to form The Wisconsin Cannabis Caucus. An official bipartisan state caucus can streamline cannabis reform legislation at the state level while developing and promoting sensible cannabis policy reform and work to ease the tension between political parties. Had this caucus been formed, these prohibitionists would not have even written this legislation. This is a last ditch effort from prohibitionists to get some press coverage before the next round of legislation comes out that would further regulate the Wisconsin hemp program, as well as another attempt at medical marijuana for the GOP. The Democrats have not sent out their proposals for legislation regarding the plant. A bipartisan bill for statewide decriminalization will probably rot and fall to the ground, this low hanging fruit could easily be passed by The Wisconsin Cannabis Caucus, should it form.
So without The Wisconsin Cannabis Caucus to combat and kill bad legislation from the start, we will turn to Governor Evers, who would most likely veto a bill that completely bans hemp cannabis products and that proposes such drastic language change to our definition of hemp in Wisconsin. We are also going to turn to you, citizens of Wisconsin, to engage with your elected officials and tell them not to support the bill to ban hemp in Wisconsin.
Here is the co-sponsorship memo being circulated for LRB-3832/1 & LRB-4832/1; relating to: the definition of hemp
TO: Members of the Wisconsin State Legislature
FROM: Representative Lindee Brill, Representative Jim Piwowarczyk, Representative Chuck Wichgers, Representative Bob Donovan; Senator Chris Kapenga
DATE: September 19, 2025
RE: Co-Sponsorship of LRB-3832/1 & LRB-4832/1; relating to: the definition of hemp.
DEADLINE: September 29, 2025
The current federal and state definitions of hemp effectively legalize many intoxicating forms of THC. While delta-9 THC remains a controlled substance, the statutory definition of “hemp” includes a loophole which allows the legal sale of other psychoactive cannabinoids derived from hemp. This has allowed a proliferation of products containing intoxicating synthetic or semi-synthetic cannabinoids like HHC, delta-8 THC, delta-10 THC, and others. This bill would close that loophole.
The loophole works like this: current law excludes “hemp” from the definition of THC, a controlled substance. The definition of legal hemp itself, however, excludes only substances with a delta-9 THC concentration greater than 0.3%. Delta-8 and 10 THC, for example, are chemically derived from legal CBD legally extracted from legal hemp flowers. Even though the product derived from this chemical process is an intoxicating, psychoactive form of THC, it is legal as it is derived from parts of the Cannabis sativa L. plant with a delta-9 THC concentration less than 0.3%.
Products containing these hemp-derived cannabinoids include beverages, vapes, oils, gummies and other edibles. They are sold in convenience stores, gas stations, and even online, often with minimal or no age restrictions and no meaningful regulation.
This proliferation is an active threat to public health. There has been a sharp rise in delta-8 THC poisonings in young children, many of which have led to hospitalization. Emergency room visits and poison control calls linked to delta-8 THC and other similar substances have increased significantly. In a notable incident in Stoughton, just last October, 85 people were unknowingly intoxicated with THC after eating food contaminated in a kitchen shared with a fully legal vendor who produces hemp-derived edibles. Several of those intoxicated required hospitalization. Both the CDC and FDA have issued warnings about the dangers of these products, which remain legal and dangerously unregulated.
This bill closes the loophole by:
- Redefining hemp to include total THC, including both delta-9 THC and THCA (tetrahydrocannabinolic acid, a precursor)
- Clarifying that only hemp grown for specified industrial or research purposes qualifies as “industrial hemp.”
- Excluding non-industrial “hemp-derived cannabinoid products” intended for human or animal use from the legal definition of hemp if they:
- Contain synthetic or lab-made cannabinoids
- Include non-naturally occurring cannabinoids
- Have THC or THC-like intoxicating compounds, or are marketed as having such effects.
Psychoactive substances like hemp can cause long-term damaging effects on the brain that impede cognitive function. This can handicap and alter an individual’s entire life. We are finding out more and more about the dangers of this drug and others like it. As more people come around to the dangers of these substances, it’s imperative that we prioritize the safety of our citizens and not lean into false-pretenses.
Continuing to allow this loophole to exist perpetuates a dangerous environment without any of the necessary legal or regulatory infrastructure to remedy it. This bill closes a dangerous loophole while continuing to allow the economically beneficial production of industrial hemp.
https://pubmed.ncbi.nlm.nih.gov/39284091
https://www.parents.com/study-finds-increased-delta-8-thc-exposures-in-kids-8710213
https://www.cdc.gov/mmwr/volumes/74/wr/mm7427a2.htm
If you would like to co-sponsor this legislation, please reply to this email or contact Representative Brill’s office (608)-237-9127 or Senator Kapenga’s Office (608)-266-9174 by September 29. Co-sponsors will be added to both the Assembly and Senate bills unless otherwise requested.
Here is a copy of the bill language:
