On Feb. 2, state Democrats introduced a bill (LRB-4219/1) that would legalize and regulate recreational marijuana sales and use. The bill proposes a new division of the state Department of Agriculture, Trade and Consumer Protection to oversee the “production, processing, transportation and testing of cannabis.” It also proposes new taxes and pushes for re-evaluation of sentences for those with prior convictions related to cannabis.
This action follows multiple attempts to change cannabis regulation. State representatives introduced bills to legalize cannabis in 2013, 2015, and 2017. Since being elected in 2019, every one of Governor Tony Evers’ budgets included a motion to legalize cannabis, all of which were rejected and removed by state Republicans. There have also been multiple bipartisan bills introduced to clarify current cannabis laws and protect consumers from questionable product ingredients.
Currently, there is a legal loophole allowing Wisconsinites to use recreational THC legally. The 2018 Farm Bill regulates hemp and its derivatives when it contains Delta-9 THC, the primary psychoactive compound in the plant, but did not mention other intoxicating chemicals, such as THC-A and Delta-8 THC. This loophole allows dispensaries to sell intoxicating products with minimal regulation.
This loophole will soon be closed, whether the state passes a bill or not. The Continuing Appropriations and Extensions Act of 2026, which ended the 2025 government shutdown, closes this loophole by redefining “hemp,” enforcing total THC content rather than only Delta-9. The new definition will take effect on Nov. 12, 2026. The purpose of this change is to “prevent the unregulated sale of intoxicating hemp products.”
This push supports the opinions of the majority of Wisconsin voters, according to Marquette Law School’s June 2025 survey. The majority of respondents have supported legalization since Jan. 2019. Still, with both chambers of the state Legislature being controlled by the Republican party and given the party’s history involving marijuana legalization, there are strong doubts that it will pass.