SB 499 / AB 503 Ban Hemp Bill sent to committee to die
A bunch of Republican lawmakers are pushing forward with their attack on Wisconsin’s hemp industry by attempting to change the very definition of hemp itself. The bill is designed to bring intoxicating hemp-derived products under the heavy hand of prohibitionist control, recently went through circulation for co-sponsorship—and it picked up even more baggage along the way.
On the Senate side, Senate Bill 499, three well-known prohibitionists jumped aboard: Senators Van Wanggaard, André Jacque, and Stephen Nass. With Republicans holding only an 18–15 majority in the chamber, having four of their members already firmly entrenched in prohibition sends a troubling signal for any “positive” GOP-led cannabis reforms. To make matters more interesting, the bill has been sent to Senator Patrick Testin’s committee. Testin once earned a Hemp Hero award, and if he lives up to that reputation, this bill could stall out quickly. Testin’s role may be the deciding factor in whether the bill gains traction or dies instantly in committee.
Senate Committee on Agriculture and Revenue Review
This committee oversees critical policy affecting agriculture, business, and public health—fields closely tied to hemp and cannabis regulation. From your years tracking Wisconsin’s legislative mood, this group reflects the ongoing divide between cautious conservatives and pragmatic reformers.
Senator (R) Patrick Testin (Chair) in leadership position as President Pro Tempore – Once a medical cannabis supporter of bipartisan bills, Testin has drifted toward trying to only pass a bill withing the GOP Caucus, backing restrictive “medical marijuana” language in bills. As mentioned, he has received a hemp hero award in the past and has said he is working on a bill to regulate the hemp industry.
Senator (R) Cory Tomczyk (Vice-Chair) – A newer voice, Tomczyk’s record is developing, but early signals show alignment with Testin’s cautious approach, but as a candidate before elected, he seemed more open to reform of medical marijuana.
Senator (R) Howard Marklein – A fiscal conservative, historically resistant to cannabis reform; tends to frame hemp issues around taxation and law enforcement.
Senator (R) Rachael Cabral-Guevara in leadership position as Majority Caucus Vice-Chair – A nurse by trade; supportive of ending prohibition, but will not author a bill based on a “campaign promise”.
Senator (R) André Jacque – Longtime prohibitionist; a key supporter of banning intoxicating hemp and tightening hemp laws.
Senator (D) Brad Pfaff – Generally reform-friendly; supports regulated legalization and farm-level hemp opportunities.
Senator (D) Mark Spreitzer in leadership position as Minority Caucus Chair – One of the Senate’s strongest pro-reform Democrats; consistent advocate for full legalization.
Senator (D) Sarah Keyeski – New and largely untested; seen as a swing vote depending on district priorities. As a Democratic candidate in 2024 she was one of the most hesitant to say she supported legalization of marijuana, but eventually did.
In the Assembly, six more Republican lawmakers added their names as co-sponsors: Representatives Behnke, Dittrich, Gundrum, Maxey, O’Connor, and Murphy. The last name stands out. Dave “Kratom” Murphy has long been whispered about as a quiet cannabis reform supporter. In my own conversations with him, Murphy admitted that his use of kratom had opened his eyes to alternative medicine. But instead of standing firm, he turned his back on reform and joined the prohibitionist push. His hypocrisy is even more glaring in light of his current scandal—Murphy is under fire for moving out of his district while holding onto his seat. Add in the fact that he’s retiring at 70-plus years old (about a decade too late), and Murphy’s flip-flop looks less like a principled stance and more like a desperate parting shot.
With Republicans holding a 54–45 majority in the Assembly, these 10 GOP prohibitionists are effectively tying their own caucus in knots. They’ve made it nearly impossible for Republicans to pass meaningful cannabis-related legislation without bipartisan cooperation. Instead of leadership, Wisconsin gets more gridlock—at the expense of farmers, small businesses, and consumers who rely on hemp-derived products.
Assembly Committee on State Affairs Review
The Assembly Committee on State Affairs remains the central gatekeeper for cannabis-related legislation in Wisconsin. Nearly every serious reform bill—medical, adult-use, or hemp—funnels through this committee, making its composition crucial to understanding the political climate surrounding marijuana policy. The current roster shows a familiar pattern: Republican leadership dominated by prohibitionist holdouts, countered by a small but steady Democratic bloc advocating for reform.
Representative (R) Rob Swearingen (Chair) – A veteran legislator, supper club owner, and former Tavern League President who should understand cannabis tourism potential but continues to oppose any serious reform on medical marijuana and recreational legalization measures. He often cites law enforcement talking points and has blocked hearings on legalization bills. He has blocked many bills in the past as committee chair, but as a surprising development in the exploding cannabis infused beverage industry, Swearingen is being listed as the lead in the Assembly to regulate the intoxicating hemp products industry in Wisconsin. Early signals seem to suggest that Swearingen believes the three tiered system and incorporating the existing alcohol industry into licensing makes the most sense (and cents) to him and his friends.
Representative (R) Chanz Green (Vice-Chair) – Tavern owner (Pioneer Bar in Cable and Ashland Event Rentals). Largely untested on cannabis issues. So far, he appears to align with GOP leadership’s resistance to meaningful reform and supports limited medical marijuana. Local activists and supporters of reform are very disappointed to see him run for State Assembly again in 2024 without being more supportive of cannabis reform in public.
Representative (R) Rob Summerfield – He is in leadership as the Majority Caucus Chair. A pragmatic voice from rural Wisconsin, occasionally open to discussion about hemp and economic opportunity. While not a reform leader, he is one of the more approachable Republicans on cannabis issues. Summerfield co-sponsored the Republican version of medical marijuana three sessions in a row and came on as a co-sponsor to decriminalization in 2021-22
Representative (R) Clint Moses – We wrote articles and articles about this guy. I initially thought he was going to do some of the right things, be ever since elected he has really just worked inside his caucus to move GOP efforts along. The controversial medical cannabis legislation Robin Vos (R) authored last session was co-authored by Rep. Clint Moses. Assembly Bill 1040 last session was all but assured a public hearing a floor vote by Robin Vos. He sent his bill to the Assembly Committee Health, Aging and Long-Term Care that is Chaired by Rep. Clint Moses. Neither Vos or Moses worked to advance their own bill, the legislation never even received a public hearing.
Representative (R) Robert Wittke – Consistently votes with the prohibitionist wing and has shown little interest in supporting any form of legalization or industry growth. He may support the GOP limited medical marijuana bill concept, but Wittke added he considered marijuana a backburner issue. He said his priorities this spring were tax and education bills.
Representative (R) John Spiros – A major obstacle to reform, often leading opposition efforts based on outdated safety narratives. But definitely tows the GOP caucus line on the limited medial marijuana bill. In 2022 he chaired the committee that killed a decriminalization bill.
Representative (R) Jim Piwowarczyk – Newer to the legislature this session, 20 years combined of law enforcement experience. CoFounder/Editor of Wisconsin Right Now. He is a lead author on the very bill to ban hemp we are talking about in this article.
Representative (D) Christine Sinicki – A steadfast pro-reform Democrat who has long championed legalization, decriminalization, and social equity measures.
Representative (D) Karen Kirsch – A young conservative with potential to evolve on cannabis, especially as younger voters increasingly demand reform. She worked in advertising, marketing, and PR; working for Citizen Action of Wisconsin primarily focusing on promoting good public healthcare policy. Citizen Action of Wisconsin does have an organizational platform that includes drug policy reform. This is her first term in office.
Representative (D) Ann Roe – This is her first term in office. During a 2022 campaign, she did support decriminalization, but since then has not made the news.
This bill isn’t about safety, responsibility, or modernization. It’s about prohibitionists in the Republican Party trying to drag Wisconsin backwards while the rest of the country moves forward. The question now is whether Patrick Testin will prove himself to be the Hemp Hero he claims to be—or whether the GOP will once again cement its reputation as the party of prohibition in Wisconsin.
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:
