“We would like to work together … to make sure – in my humble opinion – that we protect our constituents, but also I think it’s necessary to protect an industry.”

Isiah Holmes, to the Wisconsin Examiner

Wisconsin lawmakers are pushing for competing visions for the state’s hemp future.

One proposal, (SB 682), was discussed at Thursday’s meeting of the Senate Agriculture and Revenue Committee.

The bill would create a regulatory framework for hemp-derived cannabis products that would keep the state’s hemp industry afloat despite a federal ban that takes effect in November. Without state intervention, or the federal government choosing to reverse course, hemp growers and distributors fear Wisconsin’s $700 million industry and about 3,500 jobs will disappear.

Sen. Patrick Testin (R-Stevens Point), chairman of the Agriculture and Revenue Committee, introduced the bipartisan hemp bill to his committee, which he authored with bipartisan support.

Testin’s legislation would define hemp as any cannabis plant that contains no more than 0.3 percent delta-9 THC (or the maximum concentration allowed by federal law of up to 1 percent, whichever is greater) and would define “hemp-derived cannabinoids” as compounds extracted from the hemp plant. THC concentrations would be determined using specific high-throughput test methods.

The bill would require Wisconsinites to be at least 21 years old to purchase hemp-derived cannabinoid products, which would require the products to undergo independent laboratory testing to ensure they contain the amount and type of cannabinoids described on the product label. This practice, known as true labeling, is something the hemp industry has called for in recent years.

The products could not be sold based on the invoice including contact information for the manufacturer or brand owner, serving sizes for each container of the product, including allergens, ingredient lists, labeled potency in milligrams, and required warnings. According to the bill, hemp-derived products could not contain more than 10 milligrams of THC in a single serving.

Testin said Thursday that the industrial hemp market was worth about $11 billion in 2025, and would grow to $48 billion by 2032.

In Wisconsin, such products are “generally allowed legally but unregulated,” Testin said.

“There is no state law that restricts sales to minors, regulates the potency or content of (hemp-derived cannabinoid products), or imposes labeling or packaging requirements.” Minnesota, Kentucky, Tennessee and other states have enacted their own regulations, Testin said. “Regulations are needed (to remove the current uncertainty about the cannabinoid status of hemp-derived products), to provide stability and certainty to companies looking to enter this segment of the economy, and to enforce public safety regulations.”

Testin and Republican Rep. Tony Kurtz (R-Wonewoc) have worked on hemp laws for Wisconsin since the federal Farm Bill passed in 2018.

“I actually grew hemp,” Kurtz said, recalling that in 2019 “it was kind of an open market.”

Kurtz and others who called him “bad actors” also rode the hemp wave throughout the hearing, seeing it as a “get-rich-quick scheme.” Kurtz said the hemp industry today is full of people who want to do the right thing, but the “bad actors” have persisted.

said Kurtz SB 682 It’s designed so Wisconsinites “know they’re getting the best product and what they’re getting.”

“If we do nothing, hemp will be illegal at the federal level … but it’s still going to be legal here in the state of Wisconsin. So it’s in our best interest to work together, to get a good compromise, to get some common sense legislation to make sure that — in my humble opinion — we protect our constituents, but also I think it’s necessary to protect an industry.”

While hemp would be illegal at the federal level, a state-level industry could operate similarly to the way some states have recreational or legalized cannabis programs, largely because the federal government has not cracked down on these industries.

Testin added, “Regardless of anyone’s thoughts on cannabis and cannabinoids, it’s here. And obviously, we have a lot of different perspectives on how we should move forward.”

He repeatedly blasted the “stupidity” of what he described as “our gentlemen” in Washington DC, but also criticized other hemp-related bills in Wisconsin. While some Republicans want to ban hemp products outright, others have different ideas about how a legal industry should be regulated.

Bill introduced by Sen. Eric Wimberger (R-Oconto). SB 681It would require licenses for manufacturers and distributors of hemp-derived cannabinoid products. The products would be sold under a three-tier system and would be regulated like alcohol under the Division of Alcoholic Beverages, a component of the Department of Revenue, which would be renamed the Division of Intoxicating Products.

Although Testin and Wimberger’s bill have garnered bipartisan support, Testin described Wimberger’s bill as a “dead bill” and “more dead than dead.”

Testin argued that SB 681 would over-regulate the hemp industry and lead to a monopolization effect where a small number of entities control who gets hemp permits, creating a competitive market and acting as a “good boys’ club.”

Sen. Sarah Keyeski (D-Lodi) highlighted the division among state Republicans over hemp and cannabis products, noting that Democrats are not the ones who support legalization and regulation.

The committee room was filled with people from across the hemp industry who listened to the conversation. When lawmakers asked how to ensure children don’t get intoxicating cannabis products, distributors and manufacturers pointed to age-verification software even for online sales, which require a photo and image of a driver’s license to accept an order.

Marketing of children’s products using cartoon-like advertising and attractive candy wrappers was discussed.

Some veterans have testified how hemp has helped them relieve pain, kick addictive pain killers, soothe PTSD symptoms, and help them relax their bodies to sleep.

Other testimony focused on the risk of crossing state lines into Michigan or Illinois to obtain cannabis to treat various medical conditions.

Hemp farmers insist they now need to know how a federal ban will affect them as they decide when or if to plant this spring.

Much of the public testimony was in favor of Testin’s bill, although some speakers said it should protect farmers and growers and expand the types of products to include beverages and gummies.

“Yes, we are now in a scenario where there are intoxicating hemp products,” Testin said. “But not just anything like beer, wine or alcohol, we need to put some sensible regulations in place, which is what this bill aims to do.”

“In terms of concerns about smoking or getting fat from these products,” Testin added, “it’s no different than people consuming too much stale fish fry or drinking too much beer on a Friday night. It’s one’s choice and responsibility, but at the same time, making sure we have some regulations in place.”

The hemp industry deserves to “grow and grow,” Testin said, adding that the public deserves protection and knowing that “this stuff isn’t falling into the hands of people it shouldn’t be, like children.”

This story was first published by the Wisconsin Examiner.

Brendan Cleak’s photo.