Wisconsin’s Hemp Vape Exemption Becomes Law—Budget Surprise Secures Industry Win
In a significant move for Wisconsin’s hemp industry, the state has officially carved out an exemption for non-nicotine hemp-derived vaping devices—quietly but powerfully. The policy, originally introduced as standalone legislation, passed the State Assembly by voice vote, which means there is no official record of who supported or opposed it. That lack of recorded opposition was likely strategic and allowed the bill to advance quietly through the process.
But while the legislation awaited a floor vote in the State Senate, an unexpected twist occurred: the language was folded directly into the 2025–27 Wisconsin State Budget. You can find it embedded in 2025 Wisconsin Act 15, on page 178 of the budget document (view PDF).
This kind of policy inclusion is highly unusual, especially for something as specific and controversial as hemp vapes. Typically, budget bills focus on fiscal matters, and non-fiscal policies are stripped out during negotiations. That wasn’t the case here. Thanks to the tireless work of lobbyists, bill authors, and advocates, the exemption made it all the way through the final version of the budget—a rare win in the complicated world of cannabis politics. It should be noted that the bill authors Senator Testin (R) and Assembly Rep Kurtz received “Hemp Hero” awards in 2020. Relative inaction in legislative movement on reform prompted me to write an article entitled “Where are the Wisconsin Hemp Heroes Now?” earlier this year. I am sure this is not the last we heard from these two and it certainly will not be the last we hear about hemp.
Under the new law, hemp-derived electronic vaping devices that contain no nicotine and are compliant with the definition of “hemp” under s. 94.55(1) will be exempt from the state’s new FDA-authorization vaping product registry system that takes effect in the fall of 2025. That gives the Wisconsin hemp industry a unique foothold in a regulated market increasingly hostile to anything vape-related.
Whether or not you agree with vaping in general, this hemp cannabis vape exemption is undeniably a win for Wisconsin’s hemp cannabis farmers, processors, and retailers. It creates regulatory clarity, carves out market space, and recognizes the distinct nature of non-nicotine hemp products compared to tobacco and THC-based ones.
As the clock ticks toward the 2025 implementation date, stakeholders in the hemp space would do well to prepare and adapt—because ready or not, Wisconsin will be vaping hemp cannabis in 2026.
