Wisconsin Introduces Bill To Legalize Cannabis And Impose Guardrails On Intoxicating Hemp Products

On February 24, 2026, a coalition of Wisconsin Democrats introduced SB 1045, which proposes to legalize and regulate cannabis in the state while at the same time imposing new rules for intoxicating hemp products. This, of course, is not the first effort from Wisconsin Democrats to push for the legalization of cannabis in The Badger State, having introduced bills in multiple legislative sessions over the past decade. At each juncture, they were stymied by their Republican counterparts who controlled the majority of seats in both chambers of the Wisconsin legislature. Those Republican majorities remain today.

However, this year, there is renewed optimism that a cannabis legalization bill might gain unprecedented traction in the state following softening rhetoric on cannabis from the White House, ongoing efforts to reschedule cannabis to Schedule III of the federal Controlled Substances Act, and increasing popularity among Republican voters in the state, a slight majority of which now appear to support the legalization of adult-use cannabis.¹ Critically, SB 1045 proposes to legalize and regulate both adult-use and medical cannabis while also more stringently regulating intoxicating hemp products.

Regarding adult-use cannabis, the bill would:

• Create the Division of Cannabis Regulation within the Department of Agriculture, Trade and Consumer Protection to oversee the production, processing, transportation and testing of cannabis;
• Allow persons aged 21+ to legally possess cannabis for recreational purposes (including, up to 2.5 ounces of cannabis flower in a public space and up to 5 pounds of cannabis flower in a private residence);
• Allow production, processing and sales of adult-use cannabis in the state by licensed entities (in general, licenses to produce/process cannabis would be mutually exclusive of licenses to sell cannabis);
• Allow localities to enact ordinances prohibiting sales of cannabis within their borders;
• Require the testing of cannabis products sold within the state; and
• Impose certain packaging and labeling requirements for cannabis products sold within the state.

Regarding medical cannabis, the bill would also:

• Requite the Department of Health Services to establish a Medical Cannabis Registry Program;
• Allow qualifying patients of at least 18 years of age (with certain exceptions) to possess cannabis for medical purposes;
• Establish the following conditions as sufficient to qualify for the patient registry: cancer, glaucoma, AIDS or HIV, Crohn's disease, a hepatitis C virus infection, Alzheimer's disease, amyotrophic lateral sclerosis, nail-patella syndrome, Ehlers-Danlos syndrome, post-traumatic stress disorder, or the treatment of any of these conditions; opioid abatement or reduction or treatment for opioid addiction; a chronic or debilitating disease or medical condition or the treatment of such a disease or condition that causes cachexia, severe pain, severe nausea, seizures, or severe and persistent muscle spasms; and any other medical condition or treatment DHS designates by rule as a debilitating medical condition or treatment; and
• Require the Department of Health Services to issue registry identification cards to qualifying patients.

Finally, regarding intoxicating hemp products, the bill would:

• Restrict sales of intoxicating hemp products (defined as edible items or beverages containing between one and ten milligrams of intoxicating cannabinoids per serving (or 12 fluid ounces)) to individuals aged 21+;
• Increase the penalties for violations of the state's hemp producer regulations; and
• Codify a "trigger" repeal mechanism for the intoxicating hemp provisions of the bill that would automatically repeal such provisions when the federal intoxicating hemp ban takes effect on November 12, 2026 (at which point, new provisions governing "low-dose cannabis-infused products" would take effect and such products will be folded into the state's adult-use cannabis regulatory regime).

In this regard, the intoxicating hemp product provisions of the bill jive with recent expressions of support for the intoxicating hemp industry from Wisconsin Governor Tony Evers who, on February 27, 2026, delivered a letter to Wisconsin's Congressional delegation urging them to reconsider the federal intoxicating hemp ban that is scheduled to take effect in November. The letter underscored the serious economic consequences that the ban would wreak on Wisconsin hemp farmers, processors and retailers and, in turn, likely cause untold business closures, employee layoffs and investment losses.

SB 1045 currently sits in the Senate Committee on Licensing, Regulatory Reform, State and Federal Affairs. We will continue to monitor and report on the bill's progress.

Footnote

1 According to a poll conducted by Marquette Law School in 2022 as reported by the ACLU of Wisconsin in 2023 (article available at: https://www.aclu-wi.org/news/its-time-give-wisconsin-freedom-around-weed/).

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