CBD Oil in Wisconsin – It’s Not Simply Legal
Cannabidiol, or CBD oil, is increasingly available in stores across the state of Wisconsin.
Under federal law, CBD oil is an industrial hemp product, and it is legal to possess and distribute.
However, because CBD oil contains a detectable quantity of tetrahydrocannabinol or THC, it is still illegal to possess in Wisconsin unless you have a certification from a physician pursuant to Wisconsin statute 961.32(2m)(b).
Possession of CBD oil without a certification could be prosecuted as a misdemeanor criminal offense. Delivery or supplying of CBD oil to individuals who do not have a certification could be prosecuted as a felony offense.
So why is CBD oil being sold all over Wisconsin? Because cannabidiol’s legal status conflicts with Wisconsin’s industrial hemp law. As a result, the Wisconsin Attorney General has advised Wisconsin law enforcement not to enforce the law as written.
Still, because it is illegal in Wisconsin, it is advised that if you use or distribute CBD oil that you have (or your customers have) a clinician’s certification or prescription to avoid possible criminal charges.
Updated November 13, 2018
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How To Buy CBD Oil Wisconsin 2020 – Is It Legal in Wisconsin?
Cannabidiol or CBD oil is getting a lot of attention in North America, including Wisconsin. CBD oils have been popular for their therapeutic as well as their medical benefits. Cannabinoid or CBD is an active compound found in the cannabis plant.
While CBD, unlike THC, also known as tetrahydrocannabinol, doesn’t cause intoxication or lead to euphoria, commonly referred to as ‘high,’ the legality of the compound is a bit confusing in Wisconsin.
While Federal Law states that CBD oils and CBD products are legal in all 50 states, some states have a lot of gray areas in state legislation, including this America’s Dairyland. Luckily, authorities are still trying to work out state laws that will work for everyone.
In fact, until hemp cultivation was federally prohibited in 1958, Wisconsin was one of the nation’s largest hemp producers. The growth of the plant was later legalized in 2007. However, the Badger state had already legalized the growth of hemp that contained no more than 0% THC.
As with every state in the United States, Wisconsin was subject to the 2018 Agriculture Improvement Act, meaning hemp-derived CBD oil is legal for sale anywhere across the state. The 2018 Farm Bill also paved the way for Wisconsin to ease up hemp restrictions.
Is CBD Oil Legal in Wisconsin?
Yes. CBD oil and its products are legal in Wisconsin. In fact, CBD in Wisconsin was legalized in 2014 for medical use under Lydia’s Law, formally known as the Wisconsin Act 267. The law legalized CBD oil under stringent medical regulations, permitting it only to seizure patients.
The law was passed after the only FDA-approved CBD-derived drug Epidiolex was released into the market, making it possible for eligible physicians to prescribe the CBD medication to kids with intractable epilepsy.
In 2017, Republican Governor Scott Walker signed SB 10 into law, which legalized CBD oil in the Badger state. The Bill introduced in the Senate legalized the possession of CBD oil with a doctor’s recommendation after being passed with overwhelming bipartisan support by a vote of 31-1.
The Bill required the state government to follow federal law if or when CBD oil becomes rescheduled at the national level. A partner bill of SB 10, the Wisconsin Assembly Bill 49, was passed in March 2017 with a unanimous vote of 98-0. The partner bill loosened the restrictions surrounding cannabinoids in the state.
Senate Bill 188 and Assembly Bill 206, a partner agricultural bill, are currently moving through the legislature as of September 26, 2019, to try and clarify and match the state’s law with the 2018 Farm Bill.
The Bill is looking to define the terms from a hemp production standpoint and lower THC percentage to less than 0.3%. Both Bills attempt to make changes to the current law in Wisconsin regarding industrial CBD hemp.
A pilot hemp program was passed in Wisconsin in 2017. The program was meant to study the cultivation, growth, as well as the marketing of industrial hemp. The industrial hemp research program, SB 199, was limited to hemp with no more than 1% THC, with the likelihood of amending to meet the federal’s limit of 0.3% THC.
You must have a license in Wisconsin in order to produce industrial hemp plants for CBD products in the state. The hemp production application process is put in place by the state to prompt farmers to re-apply annually.
With the grower and processor license, you can cultivate, handle, store, and convert industrial hemp into hemp-derived CBD oil or any marketable form. Once you get these licenses, all you need to do is re-register annually.
If you only intend to process only hemp that you grow, then you only need a grower’s license. You will have to register with the Wisconsin Department of Agriculture, Trade, and Consumer Protection for a fee.
Medical-grade CBD products intended to diagnose, treat, or ease pain should be recommended with state licensed doctors. Only patients with a prescription from their physician should possess CBD with a psychoactive THC level.
If you are found using undocumented CBD oil intended to diagnose, treat, or ease a qualifying medical condition, you could be charged criminally as a demeanor with corresponding punishment and fines.
Why You Should Buy CBD Oil Wisconsin Online?
Buying CBD in wisconsin online is the safest and discreet way to obtain hemp oil products. With just a few clicks on your phone or laptop, you can access popular CBD brands online anywhere in Wisconsin. However, it would be best if you were very keen on the CBD product you want to purchase by making sure you are buying from a dependable store only.
The first thing you need to do before making you decide to check the labels thoroughly. A good CBD oil will have good packaging with all the information you need regarding the product.
With online shopping, you also have the privilege of connecting with the retailers and manufacturers and asking them to clarify any doubts or concerns you may have. Hence, before you buy the product, ensure your safety and satisfaction is guaranteed by asking for the company’s third-party testing policy to make sure the CBD Oil contains less than 0.3% THC level.
You will get valuable information about the CBD product from reading online reviews, comments, and testimonials about the product. Reviews have a way of helping you locate information that is not on the packaging, which could help you stay away from counterfeits.
Looking to buy CBD oil Wisconsin but not sure about the legal status of the substance? Read on to find out whether CBD products are legal in Wisconsin 2020.