Republican lawmakers are considering two bills that could alter marijuana access in Wisconsin.
One proposes to change the definition of “hemp” in turn closing the loophole created by the 2018 Farm bill that allows the sale of delta-9 THC products. The other bill proposes the legalization of maarijuana for medical purposes.
Co-author of the bill ending the THC loophole, Rep. Lindee Brill, R-Sheboygan Falls, said THC products are a “threat” to public health as hemp can cause long-term damages to the brain. She also said there is a rise in THC “poisonings” in children.
“There has been a sharp rise in delta-8 THC poisonings in young children, many of which have led to hospitalization,” Brill said. “Emergency room visits and poison control calls linked to delta-8 THC and other similar substances have increased significantly. Both the CDC and FDA have issued warnings about the dangers of these products, which remain legal and dangerously unregulated.”
The number of children who have accidentally consumed THC-infused gummies has risen in recent years, with The Journal of Pediatrics finding that 3,054 children accidentally consumed products in 2023, a major increase from about 200 children in 2017.
In Wisconsin, a parent unknowingly purchased hemp-infused gummies for their children in Milwaukee in 2025, and a Stoughton pizza shop accidentally served pieces of pizza laced with THC for three days in 2024.
The bill, introduced on Sept. 19, clarifies that hemp does not fall under the prescription drug product approved in the U.S. Food and Drug Administration through the 2018 Farm Bill. Under the state’s Controlled Substances Act, the possession, manufacture, delivery and distribution of THC is illegal. Hemp is currently excluded from this definition of THC.
Hemp and Marijuana are classified as separate species of the same plant, cannabis. How much THC per dry weight is what separates the two. Hemp contains 0.3% or less THC content by dry weight while marijuana contains more.
Medical marijuana bill
Senate Republicans also reintroduced a bill on Oct. 15 which didn’t gain traction last session that would create a program that allows cannabis products to be used for medical purposes.
The proposed bill defines medical cannabis products as “concentrates, oils, tinctures, edibles, pills, topical forms, gels, creams, vapors, patches, liquids and forms administered by a nebulizer but excludes cannabis in a form that can be smoked.” The proposal does not mention THC, Delta strands or other cannabinoid forms specifically.
Co-author of the bill Sen. Mary Felzkowski, R-Tomahawk, said the bill aims to help people with chronic illnesses by giving them the “freedom” to explore other options with their doctors.
“Someone who suffers from a serious health condition should not have to make the choice to travel to another state or break the law so they can try an alternative medicine for relief,” Felzkowski said in a statement. “This is also a chance for small businesses in our state to take part in this market with reasonable regulations on making and selling these products, all while still protecting public safety.”
Additionally, the bill would create a new office under the Department of Health Services— the Office of Medical Cannabis Regulation — to manage a caregiver and patient registry. The Department of Agriculture, Trade and Consumer Protection would also be required to monitor the seed-to-sale journey of the medical cannabis products.
