Wisconsin Governor Calls for Federal Action to Halt Hemp THC Ban
Governor Tony Evers (D) has urged Wisconsin’s congressional delegation to intervene before a pending federal policy change effectively eliminates the state’s legal hemp market. In a letter sent on Tuesday, Evers warned that without legislative modification, the new definition of hemp set to take effect in November will have “significant implications for Wisconsin hemp farmers, processors, retailers, and our broader economy.”
Economic Stakes of the Hemp Sector
The governor highlighted that hemp‑derived products currently support a growing sector of legitimate businesses across Wisconsin, employing nearly 3,500 workers and contributing over $700 million in annual economic production. He noted that the forthcoming reclassification would render many of these lawful products illicit, threatening closures, layoffs, and lost investment.
As of November 2025, Wisconsin had 470 federally licensed hemp producers. Regulatory uncertainty around the definition of hemp undermines farmers’ ability to plan crop rotations, with the risk of leaving fields idle for the 2026 season and beyond if no timely federal action occurs.
Legislative Background and State‑Level Challenges
The policy shift stems from a large‑scale bill signed by former President Donald Trump last year, which amends the 2018 Farm Bill’s hemp definition. Under the current rule, cannabis is considered legal hemp if it contains less than 0.3 percent delta‑9 THC on a dry weight basis. The upcoming change, effective one year after enactment, will:
- Apply the THC limit to total THC, including delta‑8 and other isomers.
- Cover any cannabinoids that produce similar effects to THC, as determined by the Secretary of Health and Human Services.
- Ban intermediate hemp‑derived cannabinoid products marketed directly to consumers for personal or household use.
- Cap allowable THC or similar cannabinoids at 0.4 milligrams per container.
The Food and Drug Administration was required to publish supporting lists of naturally occurring cannabinoids within 90 days of the bill’s enactment, but an agency spokesperson confirmed to Marijuana Moment that those lists have not yet been posted in the Federal Register.
Industry and Lawmaker Concerns
Evers is not alone in sounding the alarm. Industry stakeholders and legislators from both parties have called for an extended implementation delay to allow time for regulatory alternatives rather than outright recriminalization. Representatives such as James Comer (R‑KY) and Kentucky Agriculture Commissioner Jonathan Shell have urged Senator Mitch McConnell to use his influence to avert the ban, at least temporarily.
While McConnell championed the 2018 Farm Bill’s hemp legalization, he has also described the emerging hemp THC market as an unintended consequence of that legislation.
Opposition from Law Enforcement and Anti‑Drug Groups
A coalition of law enforcement and anti‑drug organizations, led by Community Anti‑Drug Coalitions of America (CADCA), has urged congressional leaders to oppose any delay. They argue that postponing the ban could undermine efforts to curb illicit drug use.
Proposals to extend the timeline—such as a one‑year or two‑year delay in the upcoming Farm Bill markup—are expected to be rejected by the House committee chairman, who claims they are not germane to the underlying bill. A separate standalone bill from Rep. Jim Baird (R‑ID) would grant the industry two additional years to explore regulatory alternatives.
Broader Implications for Wisconsin’s Cannabis Landscape
Evers emphasized that the impacts of the federal hemp policy change are “further intensified” by Wisconsin’s continued lack of a legal medical or adult‑use marijuana market. Despite multiple budget requests and legislative attempts, the state has not yet enacted marijuana reform, while neighboring Illinois and Michigan have operational adult‑use programs.
He noted that hemp‑derived products currently serve as lawful alternatives for Wisconsin residents and an important revenue source for in‑state businesses. Restrictive changes to the hemp definition would likely push commerce across state lines, shifting jobs and tax revenue away from Wisconsin.
A Wisconsin Senate committee recently approved a bill to legalize medical marijuana, and other legislators continue to push for broader adult‑use legalization. However, the Republican‑controlled Senate and Assembly previously rejected similar measures.
Looking Forward
Although Governor Evers is not seeking re‑election, he expressed confidence that if his party gains control of the legislature, Wisconsin could “finally” legalize marijuana, reducing the need for residents to travel to Illinois for adult‑use cannabis.
He urged federal lawmakers to support a bipartisan bill that would delay the hemp THC ban for two years, providing the industry time to consider regulatory alternatives. “This is about preserving lawful agricultural production that supports our local farmers and producers, protecting small businesses, and ensuring regulatory clarity for an industry that Congress itself created through prior legislation,” Evers wrote. “Time is of the essence. Farmers, producers, and retailers need certainty now in order to make informed decisions for the 2026 growing season and beyond.”
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