New federal hemp law will ban most THC products in Wisconsin
Impact of the longest government shutdown in US history
USA TODAY’s Washington bureau chief lays out of the impact of the longest government shutdown in U.S. history.
President Donald Trump has officially signed into law new federal hemp regulations that will ban the sale of most THC products nationwide, including in Wisconsin.
The hemp laws were signed late Nov. 12 as part of the sweeping funding bill that ended the record 43-day government shutdown Wednesday. When enacted, the regulations could force hundreds of dispensaries, smoke shops and cannabis bars across Wisconsin to close.
Here’s what to know about the new federal hemp laws and how they may affect Wisconsin businesses:
How did hemp-derived THC products become legal in Wisconsin?
In 2018, a loophole in the federal Farm Bill legalized the sale of intoxicating hemp products nationwide.
The legislation made it federally legal to sell hemp-derived THC products if they contain less than 0.3% THC by dry weight. As a result, the sale of hemp and cannabinoids extracted from it, like THCA, delta-8, HHC, THCV and CBD, became legal in Wisconsin.
Hemp and marijuana are both derived from the cannabis plant. Though hemp-derived THC is technically different from marijuana-derived THC, the substances have similar potency and effect on the body.
Recreational and medicinal marijuana use remains illegal in Wisconsin. Meanwhile, 24 states and the District of Columbia have legalized recreational marijuana, according to the National Conference of State Legislatures.
What are the hemp regulations in the new federal funding bill?
The newly passed federal funding bill closes the loophole in the 2018 Farm Bill.
Under the new regulations, legal hemp products are limited to 0.4 milligrams of THC per container. Gummies, baked edibles, vapes, oil and any other product with a THC dose higher than 0.4 milligrams per container are banned.
The bill also bans “any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use.”
That includes products containing delta-8 THC, delta-10 THC, HHC, and THCA.
When would the new hemp regulations take effect?
The new hemp regulations will take effect one year after the bill’s signing, meaning Wisconsin hemp businesses do have time to figure out a contingency plan.
However, Wisconsin hemp business owners have said the new federal law leaves little path forward for them and will essentially “decimate” their industry.
State lawmakers could step in and legalize marijuana-derived THC, but efforts to legalize medicinal marijuana in Wisconsin have repeatedly faced Republican opposition. Additionally, even before the new federal law passed, some Wisconsin lawmakers had doubled down on efforts to ban intoxicating hemp products statewide.
How did Wisconsin representatives vote on the funding bill?
Wisconsin’s congressional delegation voted along party lines on the funding bill to reopen the government.
In the House, Republican Reps. Bryan Steil, Derrick Van Orden, Scott Fitzgerald, Glenn Grothman, Tom Tiffany and Tony Weid all supported the bill, while Democratic U.S. Reps. Mark Pocan and Gwen Moore voted against it. In the Senate, Republican Sen. Ron Johnson voted for the bill, while Democratic Sen. Tammy Baldwin voted against it.
Though the House did not vote directly on the hemp laws, the final Senate vote came after Sen. Rand Paul, a Republican from Kentucky, proposed an amendment that would have eliminated that language around hemp products in the funding bill. That amendment failed in a 76-24 vote.
From Wisconsin, Baldwin voted to advance the amendment, and Johnson voted to table it.
Molly Beck contributed to this report.
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