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Democratic lawmakers gathered at the Capitol Monday to announce their latest attempt to legalize recreational cannabis in Wisconsin. “Across the country, the cannabis debate is over,” Rep. Darrin Madison (D-Milwaukee) said during a morning press conference, adding that “40 states and Washington D.C. have legalized cannabis in some form.” That group includes Wisconsin’s neighbors Michigan, Illinois and Minnesota. Yet Wisconsin continues a complete cannabis prohibition.

This is not a reality Wisconsinites have chosen for themselves;  two-thirds of Wisconsin voters who responded to a Marquette Poll in 2025 said that they wanted to see the cannabis plant legalized. “The will of the people is clear on this issue,” said Madison. “And today, we’re acting on it.”

Democrats in the state Legislature are aiming to fully legalize cannabis for responsible adult use, including a medicinal cannabis program. “Legalizing cannabis in Wisconsin is an economic necessity, a public safety strategy and a racial justice imperative,” said Madison. Using the state’s hemp industry as an example, Madison said that entrepreneurs built out a cannabis supply chain with hemp as its bedrock after the passage of the 2018 Farm Bill. As a result, Wisconsinites began buying  hemp-derived products including  smokeable flower, beverages, vapes and edibles. 

“That industry now supports 3,500 jobs, and contributes $700 million to Wisconsin’s economy,” said Madison. All of that is at risk of completely vanishing after the federal government changed course by imposing THC limits on hemp products growers and distributors say are biologically impossible to achieve. Currently several bills with differing visions of how to regulate hemp in Wisconsin are circulating among Wisconsin lawmakers, with a deadline set by the federal government for businesses to either adapt or shut down coming up in November. 

Madison stressed that full legalization would both protect a thriving industry and generate revenue. “Wisconsin would raise nearly $300 million annually once the market is fully up and running,” Madison said, citing an analysis by the Legislative Fiscal Bureau. “That’s hundreds of millions of dollars we are currently leaving on the table or worse, exporting to other states, while pretending that prohibition still works. We all know that it doesn’t. And nowhere is that failure clearer than in our criminal legal system.” Madison said, adding that in 2018, four out of every 10 drug arrests nationally were for cannabis. 

While Black and white Americans use cannabis at similar rates, Black people were more than five times as likely to be arrested for cannabis than white people in 2022, Madison said. He pointed to Ozaukee County, where Black residents were 34.9 times more likely to be arrested for cannabis, and Manitowoc County where Black residents were 29.9 times more likely to face cannabis-related arrests. Madison said that both counties rank in the top five nationally for racial disparities in cannabis arrests.

“Let’s be honest,” said Madison. “That is not about public safety,” he said. “That is about policy choices that criminalize Blackness, criminalize poverty, and criminalize entire communities. The idea that we can incarcerate our way to safe communities is a lie. And cannabis has been one of the most effective tools for enforcing that lie.” Madison called on Wisconsin to replace a failed punishment model with evidence-based regulations that would help enrich communities instead of harming them for generations. 

Mike Sickler, co-owner of TerraSol Brands, echoed the call for legalization. “We did not invent the demand, but we are here to respond to it,” said Sickler. The federal hemp ban shook the hemp industry, he said, spreading fear and confusion. “What is frustrating is that the solution is right here in front of us,” said Sickler. “We already have the infrastructure, we already have the best practices in place, we already have the workforce, we already have the market. What does not exist is a clear state law that allows us to continue operating responsibly.” 

Phillip Scott, a hemp farmer and advocate for the industry, said that the federal hemp ban and the lack of a legalized cannabis industry in Wisconsin has removed certainty and stability for family farms and small business owners who saw a light at the end of the tunnel after the passage of the 2018 Farm Bill. “These are not speculative businesses,” said Scott. “These are working farms, these are family farms, and they follow the law. But today, that certainty is gone.” Scott said that cannabis legalization is about jobs, rural economies, and “giving farmers clarity instead of chaos.” 

Scott said that farmers are not asking for special treatment, but rather a fair and stable transition for those who followed the law. “We are asking for reasonable access to a legal market, and we are asking for a system that doesn’t shut family farms out before they even get a chance.” 

“Legalization is about freedom,” said Rep. Andrew Hysell (D-Sun Prairie). “Wisconsin is an outlier in terms of denying people this freedom.” Hysell noted a 1974 decision from the Alaska Supreme Court that found that the state’s privacy rights included an individual’s right to use cannabis. “And here we are over half a century later, and no one has the freedom to buy marijuana in Wisconsin. Standing in the way of the people’s freedom is not good politics, almost 70% of Wisconsinites want full adult use legalization, and even more want medical.”

A hemp plant at a Cottage Grove farm. Hemp, used for industrial purposes and now grown legally in Wisconsin, is made from a variety of the cannabis plant that is low in THC, the active ingredient that is responsible for the intoxicating effect of marijuana. (Wisconsin Examiner photo)

Wisconsin lawmakers are backing competing visions for the future of hemp in the state. One proposal, (SB 682), was discussed during a Thursday meeting of the Senate Committee on Agriculture and Revenue. The bill would create a regulatory structure for hemp-derived cannabis products which would preserve the state’s hemp industry despite a federal ban set to take effect in November. Without state-level intervention, or the federal government choosing to reverse course, hemp growers and distributors fear that Wisconsin’s $700 million industry and about 3,500 jobs will disappear.

Sen. Patrick Testin (R-Stevens Point), chair of the  Agriculture and Revenue Committee presented the bipartisan hemp bill to his committee, which he authored with bipartisan support. Testin’s legislation would define hemp as cannabis plants with no more than 0.3% of delta-9 THC (or the maximum concentration allowable under federal law up to 1%, whichever is greater) and define “hemp-derived cannabinoids” as any such compound extracted from the hemp plant. THC concentrations would be determined using specific high-performance testing methods. 

Wisconsinites would need to be at least 21 years old to purchase hemp-derived cannabinoid products under the bill, which mandates that products undergo independent lab testing to ensure that they contain the amount and type of cannabinoids described on the product’s label. This practice, known as truth-in labeling, is something the hemp industry has called for in recent years. 

Products could not be sold under the bill without labeling including contact information for the manufacturer or brand owner, serving sizes per container of product, ingredient lists including allergens, potency labeled in milligrams, and any necessary warnings. Under the bill, hemp-derived products could not contain more than 10 milligrams of THC in a single serving. 

Testin said Thursday that globally, the industrial hemp market was valued at roughly $11 billion in 2025, and is expected to reach $48 billion by 2032. “Despite its wide availability, the regulation of [hemp-derived cannabinoid] products is essentially non-existent, leaving a patchwork of different approaches taken by states across the country,” he said. 

In Wisconsin, such products “are generally recognized as legal but unregulated,” Testin said. “There are no state laws that restrict the sale to minors, regulate the potency or content of [hemp-derived cannabinoid products], or establish labeling or packaging requirements.” Minnesota, Kentucky, Tennessee and other states have moved to enact their own regulations, Testin said. “Regulations are needed to eliminate the current uncertainty regarding the status of [hemp-derived cannabinoid products], provide stability and certainty for businesses looking to enter this segment of the economy, and enact public safety regulations.”

Both Testin and Rep. Tony Kurtz (R-Wonewoc) have worked on hemp laws for Wisconsin since the federal Farm Bill passed in 2018. “I’ve actually grown hemp,” said Kurtz, recalling that in 2019 “it was kind of a wide open market.” People that Kurtz and others called “bad actors” throughout the hearing also rode the hemp wave, seeing it as a “get rich quick scheme.” Kurtz said that today, the hemp industry is filled with people who want to do the right thing, but that “bad actors” have persisted. 

Kurtz said SB 682 is designed to ensure that Wisconsinites “get the very best product, and they know what they’re getting.” He stressed that “if we do nothing, then hemp is going to be illegal at the federal level…but it will still be legal here in the state of Wisconsin. So I think it would behoove us to work together, get a good compromise, a good common sense piece of legislation to make sure that we — in my humble opinion — protect our constituents, but also protect an industry that I think is needed.” 

Although hemp would be illegal at the federal level, a state-level industry could still operate similarly to the way some states have fully legal recreational or legalized cannabis programs, largely because the federal government has not cracked down on those industries. 

Testin added that “regardless of anyone’s thoughts as it relates to cannabis and cannabinoids, it’s here. And obviously we have a lot of different approaches as to how to best move forward.” He repeatedly took aim at the “stupidity” of what he described as “our overlords” in Washington D.C., but also criticized other hemp-related bills being pushed in Wisconsin. Whereas some Republicans are seeking to ban hemp products outright, others have differing ideas about how a legal industry should be regulated. 

A bill introduced by Sen. Eric Wimberger (R-Oconto), SB 681, would require that manufacturers and distributors of hemp-derived cannabinoid products have permits. Products would be sold under a three-tier system, and would be regulated similarly to alcohol under the Division of Alcohol Beverages, a component of the Department of Revenue, which would be renamed to the Division of Intoxicating Products. 

Although both Testin and Wimberger’s bills have gained bipartisan support, Testin described Wimberger’s bill as “the dead bill” and “deader than dead.” Testin argued that SB 681 would over-regulate the hemp industry, and even lead to a monopolization effect where a small number of entities could control who gets hemp permits, shape an otherwise competitive market, and operate in a “good ol’ boys club” manner. 

Sen. Sarah Keyeski (D-Lodi) highlighted  the divide among state Republicans over hemp and cannabis products, stressing that Democrats are not the ones holding up legalization and regulation.

The committee room was filled with people from across the hemp industry who listened to the conversation. When lawmakers questioned how to ensure that children do not acquire intoxicating hemp products, distributors and manufacturers pointed to age-verification software even for online sales, which require a photograph and image of a driver’s license to approve an order. There was also discussion about how to prevent products from being marketed to children using cartoon-like advertising and appealing candy wrappers. 

Some veterans testified, describing how hemp helped them alleviate pain, kick addictive pain killers, soothed PTSD symptoms, and calmed the body for sleep. Other testimony centered on the danger involved in crossing state lines to Michigan or Illinois to acquire cannabis to treat various medical conditions. Hemp farmers stressed that they need to know now how they will be affected by a looming federal ban as they decide when or whether to plant their crops in the spring. 

Much of the public testimony was supportive of  Testin’s bill, though some speakers said that it needed to be amended to protect farmers and growers, and also expand the kinds of products it would cover including drinks and gummies. 

“Yes, we are now in a scenario where there are intoxicating hemp products,” said Testin. “But just no different than anything like beer, wine, or alcohol, we need to have some sensible regulations put in place, which this bill aims to do just that.”

As for “concerns about getting baked or getting high from these products,” Testin added, “it’s no different than those individuals who go out and consume too many old fashioneds at fish fry on a Friday night, or have too many beers. It’s about personal choice and responsibility, but at the same time making sure that we have some regulations put in place.”

The hemp industry deserves to “thrive and grow,” Testin said, while the public deserves protection and to know “that this stuff isn’t falling into the hands of people it shouldn’t be in, like kids.”