AGE RESTRICTIONS ON HEMP-DERIVED THC PRODUCTS.
Madison General Ordinances § 23.202
in effect23.202 - AGE RESTRICTIONS ON HEMP-DERIVED THC PRODUCTS.
(1) Definition. In this section, "hemp-derived cannabinoid" means either of the following:
(a) A cannabinoid other than delta-9 tetrahydrocannabinol (THC) or an isomer derived from such cannabinoid (delta-8 THC, delta-10 THC, hexahydrocannabinol (HHC), HHC-O, THCA, THC-O, THCP, THCV).
(b) A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of 0.3 percent or less.
1. "Hemp-derived cannabinoid" shall not mean any non-intoxicating cannabinoids, including cannabidiol (CBD), which is an active ingredient in cannabis, but does not cause intoxication by itself, is not addictive, and does not contain other isomers as listed in paragraph 1(b).
(2) Age Restriction on the Sale of Hemp-Derived Cannabinoid; Prohibition.
(a) No person and no hemp-derived cannabinoid establishment, or any officer, associate, member, representative, agent, or employee of such establishment, may sell, deliver, or provide any hemp-derived cannabinoid product to any person under the age of twenty-one (21).
(b) No person and no hemp-derived cannabinoid establishment, or any officer, associate, member, representative, agent, or employee of such establishment, may deliver, or provide any hemp-derived cannabinoid product to a person without having first verified the purchaser's age with a valid federal, state, Tribal, or municipal issued photo identification.
(c) This age verification shall be performed by a person and shall not be automated.
(d) Sale Prohibited. If a person or any officer, associate, member, representative, agent, or employee of a hemp-derived cannabinoid establishment believes or has reason to believe that the ultimate recipient of a hemp-derived cannabinoid product is under the age of twenty-one (21) or is using a forged or fake identification card, they shall not make the sale.
(3) Signs, Notices and Display.
(a) A retailer of hemp-derived cannabinoids shall conspicuously post a sign in each area within their premises where any hemp-derived cannabinoid products are sold to consumers stating that the sale of any such product to any person under the age of twenty-one (21) is unlawful under this section.
1. Hemp-derived cannabinoid products may not be sold from a vending machine or similar device.
(b) Products containing hemp-derived cannabinoid shall be displayed from behind a sales or service counter so that no person may access it without assistance by an establishment employee.
1. Beverages containing hemp-derived cannabinoids may be displayed in a cooler not behind a sales or service counter. Such beverages shall be subject to the same age verification process set forth in subsection (2) of this ordinance.
a. Beverages containing hemp-derived cannabinoids may be stored or displayed outside of an enclosed cooler only when they are in sealed cases, cartons, or multipack packaging. Single cans, bottles, or other individual containers are not permitted to be stored, displayed, or kept outside the enclosed cooler at any time.
(4) Retailer Location. Establishments selling hemp-derived cannabinoids shall not be located within ¼ mile or 1,320 feet of a youth-serving organization and location such as, but not limited to: childcare centers, preschools, public or parochial schools, tribal schools, playgrounds, city or county parks, sporting arenas, or organizations with specific interest to serve children (Boys & Girls Club, YMCA, Head Start, etc.). The distance shall be measured by the shortest route along a designated roadway or walking path from the main entrance of the youth-serving business/organization to the premises selling the hemp-derived cannabinoid products.
(a) The prohibition in this section does not apply to businesses selling hemp-derived cannabinoids prior to January 1, 2026.
(5) Penalties. Any person and any hemp-derived cannabinoid establishment who violates Subsection (2)(a)-(d) is subject to a forfeiture of:
(a) Five-hundred dollars ($500.00);
(b) A hemp-derived cannabinoid establishment that violates subsection (3) of this ordinance is subject to a forfeiture of not less than five-hundred dollars ($500.00).
(c) Repeated violation of this ordinance shall constitute a public nuisance which the City Attorney may abate by seeking an injunction in Dane County Circuit Court.
(Cr. by ORD-25-00082, 12-2-25)
Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIICH20--31_CH23OFAGPUPO_23.202AGREHERITHPRFetched: 11/1/2026