Yes, THCA is legal in Wisconsin when derived from hemp containing ≤0.3% delta-9 THC, aligning with the 2018 Farm Bill and state statute 94.55(2)(c). Wisconsin’s Department of Agriculture, Trade and Consumer Protection (DATCP) enforces these limits, but local ordinances—particularly in Milwaukee and Dane Counties—may impose additional scrutiny on THCA products. The 2026 state budget proposal includes provisions to clarify testing protocols, potentially tightening enforcement for non-compliant products.
Key Regulations for THCA in Wisconsin
- Hemp-Derived Compliance: THCA must originate from hemp registered with DATCP, with total THC (THCA + delta-9 THC) not exceeding 0.3% post-decarboxylation. Labs must use post-decarb testing methods per DATCP’s 2024 guidelines.
- Product Labeling: THCA products require explicit labeling of cannabinoid content, origin, and a QR code linking to a certificate of analysis (COA). Mislabeling THCA as “non-psychoactive” violates Wisconsin’s consumer protection statutes (s. 100.18).
- Local Restrictions: Municipalities like Madison and Milwaukee prohibit THCA sales in unlicensed establishments, requiring retailers to hold a DATCP-issued hemp processor license. Violations may trigger fines up to $1,000 under county ordinances.