Wisconsin Cannabis History

Cannabis is illegal under Wisconsin laws, except for the limited use of CBD oil for medicinal purposes.  2013’s Wisconsin Act 267, also known as Lydia’s law, made low-THC, hemp-derived CBD oil available under very restrictive circumstances.

In the 1940’s, Wisconsin was the nation’s leading producer of hemp prior to prohibition in 1958.  Industrial hemp cultivation was reauthorized in 2017 with the passage of Statutes 94 and 95.

 

Wisconsin Child-Resistant Packaging Rules

CBD oils, food products, health and beauty products, and hemp flower must meet the method of sale and labeling requirements specified by Wisconsin Administrative Code Chapters ATCP 90 and ATCP 91, and NIST Handbook 130.

All packaged hemp flower and CBD products must be labeled with the following:

1. Declaration of Product Identity – Wis. Admin. Code s. ATCP 90.02

• The package must clearly and conspicuously identify the contents on the
• principal display panel of the package.  The principal display panel means the part of the package which is most likely to be displayed to, or examined by, a consumer under normal conditions at retail.

2. Declaration of Responsibility – Wis. Admin. Code s. ATCP 90.03

• If a package is sold anywhere besides the premises where it was packaged, it must be clearly and conspicuously labeled with all of the following:
• 1) The name of the responsible party, i.e. the manufacturer, packer, or
• distributor.
• 2) The business address of the responsible party including street address, city, state, and ZIP code. The street address may be omitted if it can be found in a local directory.
• 3) The connection to the commodity, i.e. if the responsible party is not the manufacturer or producer, the label shall declare “packaged by” or “distributed by” prior to the name of the responsible party.

3. Declaration of Net Quantity – Wis. Admin. Code s. ATCP 90.04

• A declaration of net quantity shall disclose the net quantity of the commodity
• contained in the package, excluding tare, i.e. wrappers and other packaging materials. For additional information on tare requirements, please see the Basics of Tare fact sheet.
• The declaration of net quantity must clearly and conspicuously appear on the bottom 30% of the principal display panel.
• The declaration of net quantity must be in the required unit of measure. See page 2 for additional information on method of sale.

Additional information on labeling requirements is available on the Product Labeling Requirements fact sheet.

 

Useful Links for Wisconsin Cannabis Regulations

Wisconsin Hemp Research Program FAQs
Wisconsin Hemp Program Regulatory Rescources
University of Wisconsin Industrial Hep Production Project
Wisconsin Marijuana Laws and Penalties

 

Wisconsin Cannabis Growers Application

Wisconsin Hemp Research Program Application

Editor's Note: Status as of 4/9/2021

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