Friday, September 4, 2026
Tuesday, July 21, 2026
Sunday, July 19, 2026
Friday, June 26, 2026
Tuesday, June 23, 2026
Monday, April 20, 2026
Friday, April 10, 2026
Is driving with hemp or THC legal in Wisconsin? OWI rules to know
Gina Lee Castro
Hemp and its many intoxicating products have been legal in Wisconsin for eight years. But driving around with hemp products could still put you in hot water with the law, said Milwaukee attorney Andrew Mishlove.
Hemp looks and smells identical to marijuana, and both come from the Cannabis sativa L plant. But hemp is legal – for now – and marijuana is not.
When hemp users drive with these products in their cars, a police traffic stop can spiral into citations or even jail time, said Mishlove, who specializes in defending people charged with operating while intoxicated.
“It’s a mess,” he said. “Hemp is legal. Wisconsin law hasn’t caught up with that reality at all.”
Here's what we learned about why hemp can still put Wisconsin drivers at risk of an OWI.
Is it legal to drive with hemp in my car in Wisconsin?
Yes, but it’s a risk, Mishlove said.
If police officers catch a whiff of weed from a car or see it in the car, they can easily gain probable cause to make an arrest for possession of a controlled substance or begin an investigation into operating while intoxicated, Mishlove said.
Overall, state law doesn't say much about driving with hemp. Wisconsin doesn’t have an open container law for hemp the way it does for alcohol, Mishlove said. Nor is there a limit on how much hemp an individual can possess, or any laws on how drivers can lawfully transport hemp.
In contrast, in Illinois, where cannabis is legal, the product must be sealed in a child proof container and inaccessible to the driver.
Is it illegal to drive with hemp in my system in Wisconsin?
Yes. Wisconsin law does not allow drivers to have any THC in their blood. Any amount above one nanogram per milliliter is considered evidence of operating while intoxicated.
Although hemp is restricted to trace amounts of THC - the component in cannabis that makes users feel high - some products contain THC in amounts comparable to states where marijuana is legal.
In fact, a recent Milwaukee Journal Sentinel investigation found that many hemp products in Wisconsin contain THC above the federal legal limit, with consumers none the wiser. Some gummies and drinks below the federal legal limit still packed over 10 milligrams of THC per serving.
In addition, some hemp products contain a compound known as delta‑8 THC that is so similar to traditional THC that it appears chemically indistinguishable in blood testing, Mishlove said.
The THC blood test has been criticized by some scientists and lawmakers who say the limits are arbitrary and do not necessarily constitute impaired driving.
How does law enforcement determine impairment?
The Wisconsin State Laboratory of Hygiene conducts blood testing for law enforcement agencies across the state. Kayla Neuman, director of forensic toxicology, said the test cannot determine whether a person is impaired, nor can it show when THC was last consumed. The test only confirms that THC is present in a person’s system.
Neuman said observations from officers and results from roadside impairment tests contribute to evidence of impairment.
Chronic, daily THC users are more likely to have detectable levels of THC in their blood at all times and can exceed the one‑nanogram legal threshold, Neuman said.
But due to Wisconsin's zero-tolerance policy, people can be charged with an OWI even if they are sober, Mishlove said.
“It doesn’t matter whether you are impaired or high on this stuff or not,” he said. “You can’t have it in your system and drive.”
What are the laws in other states around THC and driving?
The Michigan Impaired Driving Safety Commission has said there is no scientifically supported threshold of THC in the body that proves impairment. As a result, Michigan doesn’t have a legal limit for THC. Instead, a series of roadside sobriety tests must prove the driver is impaired.
In some states where marijuana is legal, like Illinois and Colorado, the limit is five nanograms of THC, to account for chronic users.
How can hemp users in Wisconsin steer clear of legal trouble?
If you're a hemp user and plan to drive, try to keep documentation on you.
For example, Milwaukee Police Lt. Matthew Kaltenbrun said showing officers a certificate of analysis – a third-party lab test of the specific hemp product – is good evidence that the product in question is hemp, not marijuana.
Mishlove added that keeping the product's original packaging and receipt of purchase can prove the product was bought legally in Wisconsin.
As for how frequent users can prove they aren't currently impaired by THC, that's a tricky one.
"I advise people to not break the law," Mishlove said. "The law says don't drive with a restricted substance in your system. Don't use those products and drive in Wisconsin."
Gina Castro is a Public Investigator reporter for the Milwaukee Journal Sentinel. She can be reached at gcastro@usatodayco.com.
Saturday, April 4, 2026
Wisconsin police can now test saliva if they suspect drugged driving
Hope Karnopp
A new state law allows police who suspect drugged driving to perform a rapid roadside test of the driver's saliva to check for THC, opioids, meth and more, though police departments don't appear ready to roll it out immediately.
State law already allows police to use breathalyzers to check blood-alcohol levels, but those devices don't test for other intoxicating substances. The new law allows police to sample oral fluids – mainly saliva – when they suspect an OWI.
Law enforcement groups that advocated for the law change say drug impairment is more difficult to identify than alcohol intoxication. Plus, intoxication levels can decrease between the time police make a traffic stop and a blood sample is collected.
"Oral fluid screening would give officers an additional, objective tool to confirm the presence of drugs – much like a preliminary breath test does for alcohol – before making an arrest decision," Dane County Sheriff Kalvin Barrett said at a December public hearing.
Wisconsin Act 99 became effective March 15, two days after Democratic Gov. Tony Evers signed it into law. The state Legislature passed it in February with bipartisan support.
Here's what to know about the new law:
What does the law allow police to do when they suspect an impaired driver?
If police have probable cause to believe a driver is intoxicated, the officer can request a saliva or breath test, or both. That's in addition to field sobriety tests.
The officer places a mouth swab inside the driver's cheek or under the tongue and runs it through a handheld device, such as Abbott's SoToxa or Alere DDS2.
The legislation was amended to allow the tests for suspected intoxicated operation of vehicles other than cars, such as boats, snowmobiles, ATVs, UTVs and more.
Are the oral drug tests admissible in court?
No. The test results aren't admissible in court and must be destroyed or returned to the person after the test is completed.
The preliminary tests are used only to help police decide whether to make an arrest and pursue laboratory confirmation testing.
Have police in Wisconsin tried saliva drug tests before?
Yes. The Dane County and Manitowoc County sheriff's offices piloted the program in 2016 and 2019, finding that oral fluid testing devices were accurate and consistent with blood tests.
Dane County conducted its study with the State Laboratory of Hygiene and published the results in an academic journal. The study found that 64% of participants arrested for an OWI also had one or more drugs in their blood, with THC the most common.
Manitowoc County worked with the State Laboratory of Hygiene and the Wisconsin State Patrol on its study, which collected 100 voluntary samples. Results showed 41% of OWI offenders were positive for THC, 20% for amphetamine and 14% for methamphetamine.
Which police agencies plan to use the new saliva drug test?
Wisconsin Chiefs of Police Association President Danny Thompson said he wasn't aware of any agencies immediately using the test.
"Although this roadside test will be very beneficial to arresting dangerous, impaired drivers, we have not heard of any agencies ready to implement this kind of testing right away," Thompson said in a statement to the Milwaukee Journal Sentinel.
A Milwaukee Police Department spokesperson said the department isn't using the tests "at this time and are still looking into it." A Milwaukee County Sheriff's Office spokesperson didn't respond to a request for comment.
The two departments that piloted the program also don't plan to bring it back right away.
Manitowoc County Sheriff Daniel Hartwig said his office is monitoring guidance related to the new law but doesn't have plans to implement it at this point. A Dane County Sheriff's Office spokesperson said the county would use it "given the appropriate funding and resources."
How much would the program cost?
Each SoToxa device appears to cost around $4,500 to $5,000, according to news reports on programs in North Dakota and San Diego.
Law enforcement groups said agencies in Wisconsin would likely pursue funding for the devices through federal grants.
Do other states use saliva screening?
Yes. A state-by-state analysis from the National Alliance to Stop Impaired Driving shows 10 states have statewide roadside oral fluid testing programs, and another eight have the program in some jurisdictions.
A 2021 report from the National Conference of State Legislatures found nearly half of states have the law, but few used it. One that does is Indiana, where over 200 handheld test devices are used across 110 law enforcement agencies.
Who authored and supported the law?
The bill was authored by Republicans, including Sen. Jesse James from Thorp and Rep. Barbara Dittrich from Oconomowoc. Several Democrats became cosponsors, including Rep. Lori Palmeri from Oshkosh and Rep. Ryan Spaude from Ashwaubenon.
Supporters of the bill included AAA Wisconsin, the Milwaukee Police Association, the Wisconsin Chiefs of Police Association and Mothers Against Drunk Driving. No groups registered in opposition to the bill.
What qualifies as operating while intoxicated in Wisconsin?
According to the Wisconsin Department of Transportation and state law, a driver is considered to be operating while intoxicated if:
- The driver is under the influence of an intoxicant, controlled substance or other drug that impairs their ability to safely operate a vehicle, even if the vehicle isn't in motion at the time of the traffic stop.
- The driver has a detectable amount of a restricted controlled substance in their blood. That includes cocaine, heroin, meth, delta-9 THC (if at a concentration of one or more nanograms per milliliter in a person's blood) and more.
- The driver has a BAC over what the law allows, such as above 0.08 for first-time offenders, 0.04 for commercial drivers or 0.02 for drivers with three or more prior OWIs.
Tuesday, March 31, 2026
Friday, March 13, 2026
37% of cannabis poisonings in Wisconsin involved children under 5
Gina Lee Castro
Most calls to the Wisconsin Poison Center about edible cannabis poisonings in 2025 involved children and teens.
According to Bre Campbell, a spokesperson for the center, 68% of the 309 calls the center received about cannabis poisonings last year involved people under 19 years old.
Children under 5 accounted for 37% of the calls. This age group often mistakes THC-infused edibles as candy and can eat multiple pieces or even the whole bag, Campbell said.
“That’s a dangerous scenario,” Campbell said.
According to Campbell, about 8% of calls related to edible cannabis resulted in patients being admitted to critical care.
Starting in November, most hemp products will become illegal nationwide due to a federal ban.
Until then, hemp products with low levels of THC are legal in Wisconsin. However, a recent Milwaukee Journal Sentinel investigation that tested 30 hemp products in Wisconsin found 18 of them contained THC above the federal limit.
Among older children and teens ages 6 to 19 years old, street drugs and stimulants like THC and nicotine were the fourth most common substances involved in poisonings in Wisconsin last year.
Thirty-one percent of calls related to edible cannabis involved 6- to 19-year-olds, Campbell said.
Adults 20 years or older accounted for a similar share.
Children under 5 years old are frequently exposed to nicotine, too. About 86% of poisoning calls related to e-cigarettes and liquid nicotine in 2025 were for children under 5 years old, Campbell said.
The best thing parents and guardians can do to avoid these exposures is store these substances safely locked away and have discussions about the risks of using things like nicotine and cannabis and other drugs, Campbell said.
Contact the Wisconsin Poison Center at 1-800-222-1222 or at www.wisconsinpoison.org.
Gina Castro is a Public Investigator reporter. She can be reached at GCastro@usatodayco.com.
Saturday, February 28, 2026
Thursday, February 19, 2026
Nobody knows if Wisconsin hemp products are safe or legal. So we tested them.
Gina Lee Castro
Wednesday, February 18, 2026
Sunday, February 1, 2026
Sunday, January 11, 2026
Friday, December 26, 2025
Trump reclassifies marijuana as less dangerous drug. What does it mean for Wisconsin?
Maia Pandey
In a major change to federal marijuana policy, President Donald Trump signed an executive order in December to classify marijuana as a less dangerous substance.
On Dec. 18, the president ordered the government to reclassify marijuana as a Schedule III drug. Since the Controlled Substances Act of 1970, marijuana has been classified as a Schedule I Drug, or drugs for which there are no accepted medical use and which have a high potential for abuse.
Other Schedule I Drugs include heroin, ecstasy and lysergic acid diethylamide (LSD), according to the U.S. Drug Enforcement Administration.
Though the order shifts a decades-long precedent in marijuana policy, it will not immediately impact marijuana laws in Wisconsin, where the drug remains illegal for recreational and medicinal use.
Here's what to know about the federal reclassification of marijuana and the latest on cannabis policy in Wisconsin:
What does Trump's executive order do?
Trump's order does not automatically reclassify marijuana as a Schedule III drug, but rather directs the Department to Justice to "take all necessary steps to complete the rulemaking process" for the reclassification.
In other words, Trump is ordering the government to expedite reclassifying the drug. The efforts to change marijuana's Schedule I designation began in 2022 under President Joe Biden's administration.
Trump's order also announced the administration would work with Congress to update the statutory definition of hemp-derived cannabinoid products in an effort to increase access to CBD products.
Is marijuana still illegal on a federal level?
Yes, marijuana is still illegal on a federal level.
However, the reclassification could lower tax burdens for marijuana firms, accelerate research on the drug and standardize drug development, USA TODAY reported. Companies making Schedule III drugs get a business-tax break that companies making Schedule I drugs do not.
Is marijuana legal in Wisconsin?
Recreational and medicinal marijuana use remain illegal in Wisconsin for all ages.
Efforts to legalize medicinal marijuana in Wisconsin have repeatedly failed. Meanwhile, 40 other states have legalized medicinal marijuana, and 24 states have also legalized marijuana for adult recreational use, according to the National Conference of State Legislatures.
Are hemp-derived THC products legal in Wisconsin?
Hemp-derived THC products are currently legal in Wisconsin, but that may change soon under new federal restrictions.
In 2018, a loophole in the federal Farm Bill legalized the sale of intoxicating hemp products nationwide, including in Wisconsin. Hemp-derived THC is technically different from marijuana-derived THC, but both are derived from the cannabis plant and have similar intoxicating effects.
However, in November 2025, Trump signed a federal funding bill with a provision that closes the Farm Bill loophole. The new restrictions are due to take effect one year after the bill's signing.
What is a Schedule 3 drug?
Schedule III drugs have a "moderate to low potential for physical and psychological dependence," and are essentially less dangerous than Schedule I and II drugs, per the Drug Enforcement Administration.
Other Schedule III drugs include ketamine, anabolic steroids, testosterone and products containing less than 90 milligrams of codeine per dosage unit, such as Tylenol with codeine.
Posts
