Never a dull moment! While enforcement of the nicotine vape ban begins September 1, 2025, hemp vapes get a one-year reprieve, with enforcement delayed until September 1, 2026. More information from the Department of Revenue (DOR) is below:
Manufacturers must certify their devices to the department by July 1, 2025, except manufacturers of an electronic vaping device that contains hemp, as defined in sec. 94.55(1), Wis. Stats., and does not contain nicotine (hemp device) must certify such device no later than July 1, 2026. Devices must be recertified annually no later than July 1. A $500 fee per device is payable at the time of filing the certification. This fee is nonrefundable and does not guarantee a device will be listed on the directory. Devices not listed on the directory cannot be sold or offered for sale in Wisconsin, except hemp devices. Hemp devices are not subject to the directory until July 1, 2026, after which date all devices not listed on the directory cannot be sold or offered for sale in Wisconsin. Beginning on September 1, 2025 (September 1, 2026, for hemp devices), the department shall impose on manufacturers and retailers a forfeiture of $1,000 per day for each unlisted device that is sold or offered for sale in Wisconsin. Manufacturers, distributors, and retailers that sell electronic vaping devices not listed on the directory are also engaging in unfair and deceptive trade practice in violation of Wisconsin law (sec. 100.20, Wis. Stats.), and such products may be seized and destroyed. (Read more here)
What Does This Mean for Vapor Retailers?
Retailers selling nicotine vapes must be sure their products are included in the Electronic Vaping Device Registry or they will face daily fines of $1,000 beginning September 1, 2025. Hemp vapes are not subject to the Registry requirement until 2026 and selling the products does not carry a fine right now.
What About THC Beverage Producers?
No change here. THC beverages and edibles are not subject to the Registry requirements. But if you were counting on a bump in sales due to a vape crackdown, you might be waiting a bit longer.
What Could Happen Between Now and 2026 for Hemp Vapor Products?
A lot could happen. Lawmakers are considering amendments that would remove hemp vapes from the Registry entirely, not just delay enforcement. Meanwhile, industry groups have filed lawsuits challenging the Registry’s application to hemp. One key issue: Registry inclusion requires FDA approval—something hemp vapor products have virtually no chance of getting under current federal policy.
Looks like Wisconsin will remain the Wild West of hemp…just a little longer. Saddle up.