Review of LRB-4974/1 – Testin / Kurtz Hemp (HDC) Reg Bill
LRB-4974/1 is a comprehensive regulation bill for hemp-derived cannabinoid (HDC) products in Wisconsin. It does not ban intoxicating hemp, but it creates a strict safety, testing, age-limit, and packaging framework around it.
Below is a section-by-section breakdown of what the bill does.
1. Redefines “Hemp” in Wisconsin law
The bill modifies the definition of hemp in two important ways:
A. Hemp is tested using scientifically reliable methods
Adds HPLC, GC-MS, or similar reliable methods as the required testing method for determining THC levels and removes the decarboxylation requirement.
B. Hemp now includes hemp-derived cannabinoid (HDC) products
This is big: any product containing hemp-derived cannabinoids is now legally included under “hemp.”
This ensures intoxicating hemp is regulated — not banned.
C. Hemp does NOT include FDA-approved prescription drug products
2. Creates a new regulatory category: Hemp-Derived Cannabinoid Products
The bill defines:
A. “Hemp-derived cannabinoid (HDC)”
Any cannabinoid extracted from hemp, including:
- Delta-6 THC
- Delta-8 THC
- Delta-9 THC
- Delta-10 THC
- Their acidic forms (THCa versions)
- Their varin forms (THCv versions)
Excludes:
- THC-O / acetate derivatives
- Synthetic cannabinoids
B. “Hemp-derived cannabinoid product”
Any product containing or labeled to contain an HDC that is:
- Eaten
- Inhaled
- Absorbed through the skin
Exemptions (these are not regulated as HDC products):
- Topicals not intended to enter the bloodstream
- CBD medical products legally dispensed under existing WI statutes
- FDA-approved prescription cannabinoids
3. Creates a statewide 21+ age limit
The bill makes intoxicating hemp products treated like alcohol or tobacco:
- 21+ to buy, possess, or attempt to purchase
- Underage persons may not falsely represent age
- Sellers have a legal defense if:
- Customer looked 21
- Customer claimed they were 21
- Customer presented documentation showing 21
- Sale was made in good faith
This protects retailers when IDs are faked.
4. Mandatory Lab Testing for Every Batch
Before any product can be sold:
A. Each batch must be tested by an independent accredited lab
The lab must certify:
- Cannabinoids match the label
- Must be accurate within 1 mg or 10%, whichever is greater
- Must list mg/serving and mg/container
- No harmful contaminants, including:
- Mold
- Solvents
- Catalysts
- Pesticides
- Fertilizers
- Mycotoxins
- Heavy metals
- Delta-9 THC is within legal hemp limits (0.3% or federal max up to 1%)
B. Certificate of Analysis (COA) required
Retailers may only sell products with an accompanying COA.
- COA may be provided through a QR code on the label.
5. Strict Labeling Requirements
Labels must include:
- Manufacturer / Brand owner info:
- Name
- Location
- Phone number
- Website
- Batch number
- Serving size and number of servings
- Cannabinoid profile per serving and per container
- Ingredient list, including allergens
- Potency disclosure (mg per serving & mg total)
- Lists total THC
- Lists each HDC present in >1% of the total THC
- Must be accurate within 1 mg or 10%
- Warning statement, including:
- Keep out of reach of children
- Must be 21+
- Pregnancy/breastfeeding warning
- Impairment warning (driving/machinery)
- “May contain unidentified substances”
- “Not approved by FDA for treatment of disease”
- “May result in positive drug test”
- Additional warning for inhaled products:
- “WARNING: Inhalation of cannabis smoke has been associated with lung injury.”
6. Packaging Requirements
Products must have:
A. Child-resistant packaging
(Unless it is a beverage.)
B. No packaging appealing to children
Prohibited imagery includes:
- Cartoons
- Superheroes
- Video game characters
- Movie characters
- Unicorns / mythical creatures
- Anything resembling existing candy/snacks/soda brands
C. Tamper-evident seals are required.
D. Small containers
If the immediate container is too small for full labeling, information may be placed on:
- Outer packaging
- QR code
7. Beverage-Specific Rules
If an HDC product is marketed as a beverage:
- Max 10 mg total THC per serving
- If non-resealable, the container may hold no more than 2 servings
Example:
A 12 oz THC seltzer could contain 20 mg total maximum — only if labeled as 2 servings.
8. Export Protection
A manufacturer in Wisconsin may produce products for export, even if:
- The products cannot legally be sold in Wisconsin
- The concentration of cannabinoids exceeds WI limits
- Formulations differ from WI regulations
This protects interstate wholesalers and processors.
9. Removes DATCP Referral Requirement
Currently, hemp violations can only be prosecuted after a referral from DATCP.
This bill removes that protection for violations relating to HDC products.
Meaning:
- District Attorneys and DOJ can directly enforce violations
- Stronger enforcement on intoxicating hemp dealers
10. Exclusions and Non-Applicability
The bill explicitly states:
- Some existing hemp subsections do not apply to HDC products anymore
- Criminal enforcement referral protections under s. 961.32 (3)(c) do not apply
What the Bill Does NOT Do
It is important to note:
❌ It does NOT ban intoxicating hemp
❌ It does NOT implement a three-tier system
❌ It does NOT regulate where stores may operate
❌ It does NOT require new retail licenses
❌ It does NOT prohibit THCa, delta-8, delta-10, or other hemp-derived THC forms
Instead, it legalizes them with guardrails:
- Age 21+
- Testing
- Labeling
- Packaging
- Beverage potency caps
Overall Assessment
This bill is a consumer protection bill, not a prohibition bill.
It is likely intended to:
