SB499: Bill Text

2025 - 2026 LEGISLATURE

LRB-4832/1

MCP:ads&klm

2025 SENATE BILL 499

October 2, 2025 - Introduced by Senators Kapenga, Wanggaard, Jacque and Nass, cosponsored by Representatives Brill, Piwowarczyk, Wichgers, Donovan, Behnke, Dittrich, Gundrum, Maxey, O'Connor and Murphy. Referred to Committee on Agriculture and Revenue.

SB499,1,6 An Act to renumber and amend 94.55 (1); to amend 94.55 (2) (b) 2m. b., 94.55 (2) (b) 4s., 94.55 (3m) (a) 2., 94.67 (15c), 446.01 (2) (a), 450.03 (1) (k), 450.07 (1m), 961.01 (14), 961.14 (4) (t) 3., 961.32 (2m) (b), 961.32 (3) (a) 2., 961.32 (3) (b) 1. to 4r. and 961.55 (9); to create 94.55 (1) (a) 1., 94.55 (1) (a) 2., 94.55 (1) (b) and 94.55 (1) (c) of the statutes; relating to: the definition of hemp.

Analysis by the Legislative Reference Bureau

Under current law, tetrahydrocannabinol (THC) is a controlled substance, the possession, manufacture, delivery, and distribution of which are criminal offenses under the state’s Controlled Substances Act. Current law exempts hemp from the definition of THC. “Hemp” is defined under current law as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent, whichever is greater, as tested using post-decarboxylation or other similarly reliable methods.” The current law definition of “hemp” clarifies that it does not include a prescription drug product that has been approved by the U.S. food and drug administration.

This bill changes the definition of hemp and, as a result, what is exempted from the definition of THC under the state’s Controlled Substances Act. The bill defines “hemp” as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration, including tetrahydrocannabinolic acid, of not more than 0.3 percent in the plant on a dry weight basis.” The bill, like current law, also clarifies that “hemp” does not include a prescription drug product that has been approved by the U.S. food and drug administration.

The bill also provides that the definition of “hemp” includes industrial hemp and defines “industrial hemp” as hemp grown for the use of the stalk; hemp grown for the use of the whole grain, oil, cake, nut, hull, or any other product from the seeds of the plant; hemp grown for purposes of producing microgreens or other edible hemp leaf products derived from an immature, low-THC plant; hemp plants that do not enter the stream of commerce and that are intended to support hemp research at an institution of higher education or independent research institute; and hemp that is grown for the use of a viable seed that is produced solely to produce any of the previously mentioned products or uses.

The bill provides that the definition of “hemp” does not include a viable cannabis seed that has a total THC concentration, including tetrahydrocannabinolic acid, of more than 0.3 percent in the plant on a dry weight basis. In addition, under the bill, the definition of “hemp” does not include a hemp-derived cannabinoid product that contains a cannabinoid that is not capable of being naturally produced by a cannabis plant; a cannabinoid that is capable of being naturally produced by a cannabis plant but that is synthesized or manufactured outside of the plant; or a quantifiable amount of THC or other cannabinoid that has similar effects or is marketed to have similar effects on humans or animals as THC.

The bill defines “hemp-derived cannabinoid product” as “an intermediate or final product that is derived from hemp other than industrial hemp, that contains cannabinoids in any form, and that is intended for human or animal use through any means of application or administration, including inhalation, ingestion, or topical application.” The bill clarifies that “hemp-derived cannabinoid product” does not include a prescription drug product that has been approved by the U.S. food and drug administration.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB499,1 Section 1. 94.55 (1) of the statutes is renumbered 94.55 (1) (intro.) and amended to read:

SB499,2,3 94.55 (1) Definition Definitions. (intro.) In this section, “hemp”:

SB499,2,12 (a) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9- tetrahydrocannabinol total tetrahydrocannabinol concentration, including tetrahydrocannabinolic acid, of not more than 0.3 percent in the plant on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent, whichever is greater, as tested using post-decarboxylation or other similarly reliable methods. “Hemp” includes industrial hemp. “Hemp” does not include a any of the following:

SB499,2,14 3. A prescription drug product that has been approved by the U.S. food and drug administration.

SB499,2 Section 2. 94.55 (1) (a) 1. of the statutes is created to read:

SB499,2,18 94.55 (1) (a) 1. A viable seed from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinol concentration, including tetrahydrocannabinolic acid, of 0.3 percent in the plant on a dry weight basis.

SB499,3 Section 3. 94.55 (1) (a) 2. of the statutes is created to read:

SB499,2,21 94.55 (1) (a) 2. A hemp-derived cannabinoid product that contains any of the following:

SB499,2,23 a. A cannabinoid that is not capable of being naturally produced by a Cannabis sativa L. plant.

SB499,3,2 b. A cannabinoid that is capable of being naturally produced by a Cannabis sativa L. plant but that was synthesized or manufactured outside of the plant.

SB499,3,6 c. A quantifiable amount, based on substance, form, manufacture, or article, of a tetrahydrocannabinol, including tetrahydrocannabinolic acid, or another cannabinoid that has similar effects or is marketed to have similar effects on humans or animals as tetrahydrocannabinol.

SB499,4 Section 4. 94.55 (1) (b) of the statutes is created to read:

SB499,3,14 94.55 (1) (b) “Hemp-derived cannabinoid product” means an intermediate or final product that is derived from hemp other than industrial hemp, that contains cannabinoids in any form, and that is intended for human or animal use through any means of application or administration, including inhalation, ingestion, or topical application. “Hemp-derived cannabinoid product” does not include a prescription drug product that has been approved by the U.S. food and drug administration.

SB499,5 Section 5. 94.55 (1) (c) of the statutes is created to read:

SB499,3,16 94.55 (1) (c) “Industrial hemp” means any of the following:

SB499,3,19 1. Hemp grown for the use of the stalk of the plant, fiber produced from such a stalk, or any other noncannabinoid derivative, mixture, preparation, or manufacture of such a stalk.

SB499,3,22 2. Hemp grown for the use of the whole grain, oil, cake, nut, hull, or any other noncannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such a plant.

SB499,4,2 3. Hemp grown for purposes of producing microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant that is grown from seeds that do not exceed the threshold for total tetrahydrocannabinol concentration in par. (a).

SB499,4,5 4. A hemp plant that does not enter the stream of commerce and that is intended to support hemp research at an institution of higher education or at an independent research institute.

SB499,4,7 5. Hemp that is grown for the use of a viable seed of the plant produced solely for the production or manufacture of any material described in subds. 1. to 4.

SB499,6 Section 6. 94.55 (2) (b) 2m. b. of the statutes is amended to read:

SB499,4,11 94.55 (2) (b) 2m. b. A procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9-tetrahydrocannabinol tetrahydrocannabinol concentration levels of hemp.

SB499,7 Section 7. 94.55 (2) (b) 4s. of the statutes is amended to read:

SB499,4,17 94.55 (2) (b) 4s. Following any required sampling and testing, or if the department determines that sampling and testing are not required, the department shall issue a certificate that states that the hemp has been tested or is not required to be tested for delta-9-tetrahydrocannabinol tetrahydrocannabinol concentration and is in compliance with this section and rules promulgated under this section.

SB499,8 Section 8. 94.55 (3m) (a) 2. of the statutes is amended to read:

SB499,4,22 94.55 (3m) (a) 2. Knowingly make an inaccurate claim about the content, delta-9-tetrahydrocannabinol tetrahydrocannabinol concentration, quality, or origin of hemp or a hemp product in the course of transferring or selling the hemp or hemp product.

SB499,9 Section 9. 94.67 (15c) of the statutes is amended to read:

SB499,4,24 94.67 (15c) “Hemp” has the meaning given in s. 94.55 (1) (a).

SB499,10 Section 10. 446.01 (2) (a) of the statutes is amended to read:

SB499,5,8 446.01 (2) (a) To examine into the fact, condition, or cause of departure from complete health and proper condition of the human; to treat without the use of drugs as defined in s. 450.01 (10), other than hemp, as defined under s. 94.55 (1) (a), or surgery; to counsel; to advise for the same for the restoration and preservation of health or to undertake, offer, advertise, announce or hold out in any manner to do any of the aforementioned acts, for compensation, direct or indirect or in expectation thereof; and

SB499,11 Section 11. 450.03 (1) (k) of the statutes is amended to read:

SB499,5,12 450.03 (1) (k) A person who sells, gives away, or barters hemp, as defined in s. 94.55 (1) (a), or takes any of the actions described in s. 450.01 (16) (a) to (k) in relation to hemp.

SB499,12 Section 12. 450.07 (1m) of the statutes is amended to read:

SB499,5,15 450.07 (1m) A license is not required under this section for a person to engage in the manufacturing of hemp, as defined in s. 94.55 (1) (a).

SB499,13 Section 13. 961.01 (14) of the statutes is amended to read:

SB499,6,2 961.01 (14) “Marijuana” means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana” does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination. “Marijuana” does not include hemp, as defined in s. 94.55 (1) (a).

SB499,14 Section 14. 961.14 (4) (t) 3. of the statutes is amended to read:

SB499,6,5 961.14 (4) (t) 3. Tetrahydrocannabinols contained in hemp, as defined in s. 94.55 (1) (a).

SB499,15 Section 15. 961.32 (2m) (b) of the statutes is amended to read:

SB499,6,13 961.32 (2m) (b) An individual may possess a cannabidiol product if the individual has certification stating that the individual possesses a cannabidiol product to treat a medical condition, if the certification has an issue date that is no more than one year prior to the possession, and if any expiration date provided by the physician in the certification has not passed. A certification is not required to possess hemp, as defined in s. 94.55 (1) (a), or a prescription drug product that has been approved by the U.S. food and drug administration.

SB499,16 Section 16. 961.32 (3) (a) 2. of the statutes is amended to read: