Council moves to regulate sale of THC/cannabidiol beverages with new local license

The West Allis Common Council on May 20 moved to regulate the retail sale of cannabidiol (CBD) and THC‑infused beverages by creating a local license for establishments that sell such products.

City legal staff told the committee that Wisconsin law includes a longstanding provision — originally created in the Prohibition era — that the city can use to license sales of non‑intoxicating beverages. "In order for the city to create a local license for a business, there needs to be a state statute authorizing it," Attorney Decker explained, adding that the statute provides local governments authority to regulate the retail sale of non‑intoxicating beverages and to set rules the city deems appropriate for public health, safety and welfare. Decker traced the historical origin of the provision to 1921 and said the statute has been reworded over time but remains codified.

Committee members and city staff discussed enforcement approaches, roles for police and health officials, and what the license would regulate. The draft ordinance focuses on retail licensing, age verification (21+), labeling and police enforcement. As Police Chief Mitchell described, tavern and liquor compliance checks are already performed regularly: "We do tavern checks throughout the entire city now on a random basis. And when the police officers go in, they're checking for proper licensing. This would just be one more license for them to check for," he said. Mitchell also noted challenges for traffic enforcement and impairment determinations because standard forensic testing detects THC presence but does not reliably quantify impairment or the precise concentration of THC consumed.

City staff said the primary enforcement pathway would be police business‑licensing checks and complaint investigations; violations could be addressed through license enforcement actions. Staff and attorneys discussed labeling requirements so products sold at retail would state their contents and concentration; many commercially sold cans already display labeling, they said.

The Public Safety Committee approved recommending the ordinance to the full council. The council adopted the committee recommendation on the floor and on roll call; the ordinance will require license applicants to prove compliance with age‑verification procedures and product labeling and will place enforcement primarily with police. City staff noted the city may revisit or refine the ordinance as state law evolves.