The Vape Ban & Hemp Vapes in Wisconsin : What Our Customers Should Know
The Confusion, the Loopholes, and What It Means for Hemp-Derived Vapes in Our State
If you’re a Wisconsin resident wondering why your favorite vape just disappeared from store shelves, you’re not alone. Recent enforcement actions by the Wisconsin Department of Revenue (DOR) have created a cloud of confusion around what is and isn’t allowed when it comes to vaping products: especially those derived from hemp.
Here’s what you need to know, straight from the latest legal updates and our industry expertise.
Hemp Vapes Are Still Legal in WI!
According to Wisconsin’s newly updated DOR guidelines (Publication 304, July 2025), hemp-derived electronic vaping devices that do not contain nicotine are not subject to the Electronic Vaping Device Directory requirement yet. These products are exempt until July 1, 2026 under 2025 Wis. Act 15, relating to devices that contain hemp but do not contain nicotine.
That means your favorite hemp-derived Delta-8, THCA, or THCP vape (as long as it contains no nicotine) can still be legally sold and purchased in Wisconsin without being listed in the state’s vape registry.
So Why the Confusion?
Despite the clear exemption, we’ve heard multiple reports of DOR agents telling retailers that only Delta-9 hemp vapes are permitted under the exemption.
Let’s set the record straight:
- State law defines hemp as any part of the cannabis plant containing 0.3% or less Delta-9 THC.
- It does not restrict which cannabinoids (like Delta-8, THC-P, etc.) are allowed in non-nicotine hemp vapes.
- There is NO LANGUAGE in the DOR guidance or statutes limiting the exemption to just Delta-9 products.
This misinterpretation could be the result of inconsistent training or overzealous enforcement. Either way, it’s affecting retailers and customers alike and we want to set the record straight.
What Happens After July 1, 2026?
Here’s the big deadline: Starting July 1, 2026, all vaping products, including those that are hemp-derived and nicotine-free, must be certified and listed in the Wisconsin Electronic Vaping Device Directory.
That means:
- Every device must go through annual certification
- A $500/device fee must be paid by the manufacturer
- Any unlisted devices sold after this date are subject to seizure and $1,000/day fines per device
What You Can Do Right Now
As a Hemp Living customer in Wisconsin, here are a few things you can do to protect your access to legal hemp-derived vapes:
- Check for Nicotine: Stick with vapes that are hemp-derived and clearly labeled as nicotine-free.
- Ask for COAs: Reputable retailers should have lab results proving the products meet the federal hemp standard (0.3% or less Delta-9 THC).
The current enforcement landscape in Wisconsin is murky, but the law is clear: hemp-derived, nicotine-free vaping products are legal until July 1, 2026.
At Hemp Living, we’re doing everything we can to stay ahead of regulatory changes and keep you in the loop. We believe in transparency, access, and your right to hemp wellness. And we’ll continue to fight for that right.
Have more questions? Reach out to us anytime. We’re here to help.
This blog post is for informational purposes only and should not be considered legal advice.
