Can you take CBD Oil in Wisconsin?
Legalization of medical marijuana, growth and sale of industrial hemp, sale of cannabis products for recreational use and CBD legalization are some of the ongoing debates
CBD is a compound found in the Cannabis plant.
Some people use it as medicine to relieve anxiety, chronic pain and inflammation, and more.
There are many reasons people want to use CBD oil, but there’s also a lot of misinformation online.
Many people ask, Is CBD legal in Wisconsin?
This article will go over everything you need to know about the legal status of CBD in Wisconsin, also known as the badger state.
What is CBD?
CBD, or cannabidiol, is a chemical compound in the cannabis plant.
It has no psychoactive effect and has been shown to have many health benefits.
CBD is classified as an “industrial hemp product” under federal law.
Industrial hemp refers specifically to plants whose THC content falls below the legal threshold.
This means that while they contain trace amounts of THC (the psychoactive component), they do not have enough THC to fall under federal government oversight laws regulating controlled substance sales nationwide.
Does Wisconsin have any CBD laws?
At the federal level, the legality of marijuana itself is still in the air—with some states legalizing it for recreational use and others not allowing it for any purpose.
However, at the state level, things are much more explicit: most states have legalized medicinal marijuana use and even wider acceptance of recreational use.
Wisconsin’s marijuana laws are pretty straightforward.
The first offence of possession of any amount of marijuana is a misdemeanour.
Offenders could be fined up to $1000 and sent to jail for six months.
However, a second conviction for marijuana possession results in a felony, attracting three and a half years of incarceration and a maximum fine of $10,000.
Wisconsin Act 267 (known informally as Lydia’s law) established a process to make CBD oil and other cannabidiol products available to patients with serious medical conditions.
The Senate Bill was signed into a new law by Gov. Scott Walker.
The state’s initial hemp pilot program was launched in 2014 but was short-lived.
A new bill, Assembly Bill 49, would have extended access to patients and allowed for hemp cultivation.
However, this bill did not address CBD or how it would be available in the state.
In fact, it did not include any provisions regarding CBD’s legal stance.
The state of Wisconsin has been working hard to develop a new hemp program that will be more in line with federal statutes.
First, the state published SB188 in 2019 and now, in early 2020, Assembly Bill 206 was issued to alter the definition of hemp in the Wisconsin Statute.
Hemp and CBD under the 2018 Farm Bill
The U.S. Farm Bill legalized industrial hemp plants used to make CBD oil.
The bill also made it easier for farmers to grow hemp, removing it from the Controlled Substances Act’s list of controlled substances.
This means that states can now regulate the cultivation and sale of hemp products without fear of federal interference.
So how does this affect people living in Wisconsin?
For starters, CBD products are now legal here—and they’re not just for sale at head shops or marijuana dispensaries. You can buy them from local stores or even online!
So far, most states have opted to create a pilot program that allows for the testing, processing and cultivation of hemp plants.
The state of Wisconsin has yet to set any guidelines on what companies can sell these products, so be sure to check with your local law enforcement agency before making a purchase.
However, the Wisconsin Department of Agriculture has issued a consumer alert about heavy metals in some hemp products and gas stations selling those products without proper labelling.
Hemp growers must follow strict federal guidelines for growing their plants and harvesting them properly before selling their products commercially.
Is hemp-derived CBD legal in Wisconsin?
Individual states may have laws about how much THC is allowed in products like CBD oil and other restrictions on how cannabis products should be produced, sold, and transported within a state line.
First of all, let’s talk about the current laws in Wisconsin.
The state has legalized hemp cultivation and sale since 2018.
This means there are no restrictions on growing or selling hemp-derived products in Wisconsin.
Wisconsin law also allows marijuana products for medical purposes, such as treating seizure disorders or reducing pain.
However, this does not mean you can go out and buy any product with “medical” written on it—you need a doctor’s recommendation before you can legally purchase any cannabis product (except CBD).
Now let’s talk about what is considered legal when buying CBD.
Well, there are certain things you should know when it comes to our main topic, “Is CBD legal in Wisconsin?”
- Wisconsin CBD laws allow the sale of CBD products derived from industrial hemp. Industrial hemp is a type of cannabis plant that contains less than 0.3% THC level (the psychoactive ingredient in marijuana). Hemp plants can’t produce enough THC to get you high.
- While no statewide regulations regarding CBD exist, most state laws specify who can buy cannabis products. In Wisconsin, if you want to purchase cannabis products, you must be at least 21 years of age. It is not yet clear whether the minimum age requirement applies to CBD.
- The product manufacturer must be licensed by the state Department of Agriculture Trade and Consumer Protection (DATCP) to sell CBD products as supplemental dietary products or foods. That ensures maximum consumer protection.
The most common way to buy CBD oil is through your local dispensary.
Many dispensaries now offer CBD oil or hemp flower for sale online or at their stores without a doctor’s prescription.
Is marijuana-derived CBD legal in Wisconsin?
Cannabis is a Schedule I drug under the Federal Controlled Substances Act, which means it’s illegal to possess and use in Wisconsin.
However, there are some exceptions to the rule:
If an individual has a valid medical need for cannabis-derived products that contain THC or another cannabinoid—or if a doctor prescribes them—they can legally possess them.
That said, only non-psychoactive CBD derived from hemp variety is legal until Senate Bill makes possession and use of medical marijuana legal for qualifying patients and caregivers (subject to restrictions).
Does this mean full spectrum CBD is illegal in Wisconsin?
Full spectrum products contain all the cannabinoids found in cannabis plants.
Many believe full spectrum products are more beneficial for medical use than isolated extracts from other parts of the plant because they contain all the benefits of cannabis.
Wisconsin residents looking for a full spectrum CBD product can buy it from a medical dispensary in Wisconsin or anywhere else—provided they understand what to expect.
The main thing to know is that full-spectrum CBD products differ from their regular counterparts.
They contain more THC than the standard hemp-derived CBD products today.
However, full spectrum CBD must have the minimum delta-9 tetrahydrocannabinol concentration to be legal.
Are there any CBD possession limits in Wisconsin?
Wisconsin does not have any specific limits on the possession of CBD oil.
However, if you plan on taking medical CBD regularly, it’s a good idea to seek medical advice from your doctor about how much CBD you can take and how it can improve your overall health.
If you want to buy CBD in Wisconsin, you’ll have no problem finding it online or at an outdoor retailer. In fact, several stores offer high-quality CBD products and accessories in the state.
The Bottom Line - Is CBD Legal in Wisconsin?
As long as the CBD is derived from hemp and contains a trace amount of the psychoactive cannabinoid THC, CBD derived from hemp may be sold and consumed in Wisconsin.
However, even this seemingly simple definition states several caveats. It’s all tied up in red tape, but hopefully, this article clarifies things.
The U.S. Food and Drug Administration has only approved Epidiolex, a pharmaceutical formulation of cannabidiol (CBD), as an epilepsy treatment in individuals with severe forms of epilepsy.
This approval allows Epidiolex to be used as a prescription drug by qualified patients who suffer from severe forms of epilepsy, such as Lennox-Gastaut syndrome and Dravet syndrome.
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