Senate Bill 644 – WI Hemp Regulation
The 2025-26 Democrats counter the Republican Three Tier Hemp Regulation bill (AB 606) with common sense legislation.
November 14, 2025 – Senate Bill 644 was introduced by Senators L. JOHNSON, LARSON, PFAFF, RATCLIFF, ROYS, SPREITZER and WALL and 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.
No Republican is listed as an author or co-sponsor of this legislation.
Senate Bill 644 was Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs. This committee is chaired by Republican Senator Chris Kapenga. The Democrat bill goes to the Senate Committee on Licensing, Regulatory Reform, State and Federal Affairs chaired by Chris Kapenga (R). That committee also includes Andre Jacque and Steve Nass, authors of the bill to ban intoxicating hemp in Wisconsin (SB 499), which Kapenga is the lead on. This could be interesting.
Short, Clear Highlight of What the Bill Does
This bill creates new legal definitions around hemp products and regulates intoxicating hemp cannabinoids (like delta-8, delta-10, HHC, THCP, THC-O, and even THCA). It treats intoxicating hemp products similarly to alcohol, making them 21+ only, and gives the state new enforcement powers over sellers and consumers.
Key Points of What the Bill Changes
1. Creates Three New Legal Definitions
The bill formally defines:
- “Intoxicating cannabinoid” – includes delta-8, delta-9, delta-10, THCA, HHC, THCP, THC-O, and any cannabinoid that causes intoxication.
- “Intoxicating hemp product” – any hemp product containing:
- More than 0.3% intoxicating cannabinoids, OR
- 1 mg or more per 12 oz for beverages, OR
- 1 mg or more per serving or per package for edibles.
- “Nonintoxicating cannabinoid” – CBD, CBG, CBC, CBN, and others that don’t cause intoxication.
Important:
The bill explicitly says hemp now includes intoxicating hemp products — meaning these products are legally defined inside the hemp program and not carved out as illegal marijuana.
2. Makes All Intoxicating Hemp Products 21+
For the first time in Wisconsin:
- No one under 21 may purchase, possess, or be sold intoxicating hemp products.
- Anyone under 21 caught possessing them may have them seized.
- Sellers must:
- Post signage,
- Check IDs,
- Not use vending machines unless fully age-restricted.
Penalties escalate sharply for repeat violations — up to $10,000 fines and 9 months jail.
3. Adds Major Packaging, Labeling & Testing Rules
Anyone selling intoxicating hemp products must follow new strict standards:
Testing:
- Must be tested by an accredited lab.
- Must have a valid Certificate of Analysis (COA).
- Packaging must include a QR code linking to the COA.
Packaging:
- Must be child-resistant, tamper-evident, and opaque.
- Must NOT look like candy or snacks marketed toward kids.
- Multi-serving packages must be resealable.
Labels must display:
- Product name, weight/volume, serving sizes.
- Cannabinoid types and potency per serving.
- Full ingredient list.
- Manufacturer information + batch number, production date, expiration date.
- Cannabis symbol.
- 21+ symbol.
- Warning to keep away from children.
- FDA disclaimer.
4. Enforcement and Compliance
The Department of Agriculture, Trade and Consumer Protection (DATCP) may:
- Conduct unannounced inspections.
- Seize intoxicating hemp products found with anyone under 21.
- Require businesses to train staff on the law.
Violations can lead to:
- Fines from $200 to $10,000 depending on history.
- Possible jail for selling to minors.
5. The Bill Does Not Change THC’s Status Under Controlled Substances Law
This is critical:
The bill does NOT amend Wisconsin’s controlled substances laws.
It does NOT ban delta-8, THCA, or other intoxicating hemp cannabinoids.
They remain legal if they meet hemp’s THC thresholds.
6. Clarifies That THCA and Other Precursor Forms Are Intoxicating Cannabinoids
This is a major policy shift:
THCA counts as an “intoxicating cannabinoid” under this bill, even though THCA itself is non-intoxicating until heated.
Bottom Line
This bill regulates—not bans—intoxicating hemp products, puts them firmly into the 21+ category, and creates a full regulatory framework around testing, packaging, labeling, and sales enforcement. It also broadens what counts as an intoxicating cannabinoid to include THCA and any future psychoactive cannabinoids.
