Wisconsin Cannabis Advertising Laws

Wisconsin has no cannabis advertising framework, because it has no legal cannabis market. There is no adult-use programme, no medical programme and no licensing authority. Hemp-derived products are lawful and are governed by general consumer protection and federal law rather than by cannabis regulation.

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Marijuana may not lawfully be sold in Wisconsin under Chapter 961, so there is no lawful marijuana advertising and no framework governing it. Hemp-derived product advertising is governed by general consumer protection and federal law rather than by any cannabis-specific rule.

Marijuana remains a Schedule I controlled substance in Wisconsin under Chapter 961 of the statutes. Possession of any amount is a criminal misdemeanour on a first offence, and a Class I felony on a second or subsequent offence. Manufacture and distribution are felonies regardless of quantity.

Wisconsin Act 267 of 2014 permits possession of CBD with no psychoactive effect under a physician's certification, at Wis. Stat. Section 961.32(2m). It creates no dispensaries, no patient registry, no licensing and no lawful in-state source of supply.

Hemp is separate and lawful. Under Section 961.01(14), hemp is excluded from the definition of marijuana, and under Section 961.14(4)(t), lawful hemp is excluded from Schedule I. Section 94.55 defines hemp as Cannabis sativa L. and any part of the plant, including derivatives, extracts, isomers, acids, salts and salts of isomers, with a delta-9 THC concentration at or below 0.3 percent on a dry weight basis.

Wisconsin no longer runs its own hemp programme. Following changes effective January 1, 2022, the Department of Agriculture, Trade and Consumer Protection discontinued state hemp grower licensing, and Wisconsin producers now apply through the USDA Domestic Hemp Production Program. DATCP retains general consumer protection authority over hemp food and labels.

There is no cannabis advertising rule set, because there is no cannabis regulator and no licensed industry.

This page is part of our state-by-state cannabis advertising laws library, covering all 50 states and the District of Columbia.

There is no cannabis advertising rule

Wisconsin has no licensing authority for cannabis, no cannabis regulator and no advertising regulations. This is an absence in state law rather than an omission from this page.

Product classification

For a product to be lawfully sold in Wisconsin it must be hemp rather than marijuana: derived from Cannabis sativa L. with a delta-9 THC concentration at or below 0.3 percent on a dry weight basis, produced in compliance with USDA and applicable Wisconsin requirements. A product exceeding that threshold is marijuana under state law.

Intoxicating cannabinoids

Delta-8, THCA, HHC and similar converted cannabinoids are sold in smoke shops, hemp retailers and CBD stores in Wisconsin. Wisconsin has not enacted a statute expressly banning them and has adopted no HHC-specific statute or DATCP rule. Some county prosecutors have brought charges on the theory that the intermediate synthesis produces a Schedule I analogue, and enforcement posture varies across the state. Confirm classification and take local legal advice before promoting any intoxicating hemp product.

Business name and licence number

Not required. There is no cannabis licensing framework.

The required warning statements

None. Wisconsin mandates no cannabis or hemp warning language in advertising.

How the warnings have to appear

Not applicable, as none are required.

When the warnings are not required

Not applicable. There is no disclosure requirement to disapply.

Hotline number

Not required.

Prohibited content

No cannabis-specific content rule exists. What applies instead:

• Wisconsin consumer protection law, including the fraudulent representations provisions at Wis. Stat. Section 100.18, which prohibit untrue, deceptive or misleading representations in advertising, and DATCP's authority over hemp food and labels
• Federal restrictions on health claims. The FDA has taken repeated action against CBD sellers making disease treatment, cure, mitigation or prevention claims
• Trademark law. Packaging or creative imitating established candy or snack brands attracts consumer protection and trademark exposure

Discounts, coupons, and price promotion

No cannabis-specific restriction exists. General advertising law applies, including the prohibition on deceptive price representations at Section 100.18.

Pre-approval

Not applicable. There is no agency with authority to approve cannabis advertising.

What the Law Requires

Wisconsin states no cannabis advertising age standard, because there is no framework. It has not enacted a statewide minimum age for hemp-derived product purchases, though legislative proposals addressing packaging, labelling and age restrictions have been introduced.

Audience Percentage Thresholds

Wisconsin sets no audience composition percentage. This is an absence in state law rather than an omission from this page. Other states do set one: Connecticut requires reliable evidence that at least 90 percent of the audience is 21 or older, and Delaware requires at least 85 percent.

Event sponsorship

Wisconsin sets no audience threshold specific to event sponsorship.

Where the burden sits

Wisconsin imposes no audience composition evidence or recordkeeping duty for cannabis or hemp advertising. For a campaign delivering across a state line, the applicable thresholds are those of the receiving state.

Age Gating and Consent

Websites

Wisconsin prescribes no website age gate and no age verification requirement for cannabis or hemp advertising.

Direct communication

Wisconsin states no age affirmation requirement for direct or individualized communication.

Location-based devices

Wisconsin has no location-based device provision.

Established customers

Not applicable. There is no cannabis advertising definition to which an exception would attach.

People Depicted in Ads

Wisconsin states no casting restriction, no minimum age for persons appearing in advertising, no prohibition on depicting consumption, and no cartoon, mascot or celebrity provision for cannabis or hemp advertising.

Section 100.18 prohibits untrue, deceptive or misleading representations, and federal law restricts disease, treatment and cure claims, including where implied by imagery.

Restricted Locations and Buffer Distances

Wisconsin states no cannabis advertising buffer. There is no distance requirement around any facility type, no transit prohibition and no public property prohibition, because there is no cannabis advertising framework. This is an absence in state law rather than an omission from this page.

General outdoor advertising law and municipal sign ordinances apply to physical placement.

Neighbouring States

Wisconsin borders Illinois, Michigan and Minnesota, each of which operates a regulated adult-use market with its own advertising rules. Minnesota's retail market opened in 2025. A Wisconsin-targeted digital buy that delivers across any of those borders is subject to the receiving state's rules for that delivery. Check each directly when planning.

Can You Run a Digital Out of Home Screen in Wisconsin?

For compliant hemp products, Wisconsin states no cannabis-specific prohibition, buffer or content rule, so general outdoor advertising law and the local sign ordinance apply. Marijuana may not lawfully be sold in Wisconsin.

Compliant Use of Geotargeting

• Wisconsin states no cannabis advertising buffer, so there is no facility exclusion layer required by state law.
• Build exclusions for the neighbouring states' rules where delivery crosses borders into Illinois, Michigan or Minnesota.
• Confirm product classification against the 0.3 percent delta-9 threshold before any campaign.
• Take local legal advice where intoxicating cannabinoids are involved, since enforcement posture varies by county.
• Check general outdoor advertising law and municipal sign ordinances for physical placement.

Neither programme exists, so there is no advertising rule set for either.

Recreational. Illegal. Possession of any amount is a criminal misdemeanour on a first offence, carrying up to six months in jail and a $1,000 fine, and a Class I felony on a second or subsequent offence, carrying up to three and a half years and a $10,000 fine. Manufacture and distribution are felonies regardless of amount. Several cities including Milwaukee, Madison, Green Bay and Kenosha have adopted local ordinances reducing penalties for small amounts, which affects local enforcement rather than state law exposure.

Medical. No programme. Wisconsin Act 267 of 2014 permits possession of CBD with no psychoactive effect under a physician's certification, under Section 961.32(2m). There are no dispensaries, no patient registry, no licensing and no lawful in-state source, and the carve-out does not extend to intoxicating cannabinoids such as HHC.

Legislative position. Governor Evers has included cannabis legalisation in successive budget proposals, and the Joint Finance Committee removed cannabis from the 2025 to 2027 biennial budget on May 8, 2025. A Republican medical cannabis bill was introduced in the autumn 2025 session. Nothing has passed.

Who regulates hemp here

Cultivation licensing sits with the USDA, not the state. Following changes effective January 1, 2022, DATCP discontinued its hemp grower programme, and Wisconsin producers apply through the USDA Domestic Hemp Production Program. DATCP retains records for growers who participated in the state pilot programme from 2018 to 2021, and retains general consumer protection authority over hemp food and labels.

Non-intoxicating hemp and CBD

Lawful and widely sold. Wisconsin Act 68 of 2019 aligned state hemp law with the 2018 federal Farm Bill. For a CBD product to be lawful in Wisconsin it must be derived from industrial hemp, contain less than 0.3 percent delta-9 THC by dry weight, be produced in compliance with USDA and applicable state requirements, and not be marketed with disease treatment or cure claims prohibited by the FDA. Wisconsin sets no specific possession limit for hemp-derived CBD.

Intoxicating hemp-derived cannabinoids

Delta-8, THCA and HHC products are sold in smoke shops, hemp retailers and CBD stores across the state. Wisconsin has not legislated a ban and has adopted no cannabinoid-specific rules. Some prosecutors have charged delta-8 cases on the theory that the intermediate synthesis produces a Schedule I analogue, and law enforcement posture varies by county. The legal position is unsettled.

What it means for advertising

Hemp is the only lawfully advertisable category in Wisconsin, so classification is the first compliance step: a product above the threshold is marijuana and may not be advertised at all. The federal hemp definition narrows on November 12, 2026, excluding chemically converted cannabinoids, which is expected to remove federal hemp status from most commercial HHC and similar products. Factor that date into inventory and campaign planning.

Every statement on this page traces to one of the following:

• Wis. Stat. Chapter 961, Uniform Controlled Substances Act, including Section 961.01(14) defining marijuana and excluding hemp, Section 961.14(4)(t) excluding lawful hemp from Schedule I, Section 961.32(2m) on CBD possession with physician certification, and Section 961.41 on penalties
• Wis. Stat. Section 94.55, hemp
• Wisconsin Act 267 of 2014, and Wisconsin Act 68 of 2019
• Wis. Stat. Section 100.18, fraudulent representations
• Wisconsin Department of Agriculture, Trade and Consumer Protection, hemp information
• USDA Domestic Hemp Production Program