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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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Wisconsin 2018 CBD Law, Explained

People are using CBD oils, supplements and candy for its therapeutic effects. Is it legal in Wisconsin? We take a look and tell you:

By Scott Anderson , Patch Staff
Jun 12, 2018 3:16 p m CT | Updated Jun 14, 2018 8:31 a m CT

WISCONSIN — Products containing Cannabidiol, commonly known as CBD, have been touted across the U.S. for their therapeutic effects on people suffering from a variety of maladies.

CBD frequently takes the form of CBD oil, capsules, sprays, lotions, balms, “edibles,” or “vapes” and has been sold in stores nationwide and online.

Cannabidiol (CBD) is an active cannabinoid chemical found in the marijuana plant. Unlike the main psychoactive cannabinoid in marijuana, tetrahydrocannabinol (THC), CBD does not produce euphoria or intoxication.

In Wisconsin, confusion over CBD’s legality resulted in State District Attorney Brad Schimel issuing a clarification on state laws as a federal farm bill works its way through congress.

In Short, Schimel clarified that products containing industrial hemp are legal in Wisconsin, and law enforcement agents will recognize state protections.

Wisconsin and Industrial Hemp

“With the 2018 Farm Bill now working its way through Congress, it is likely that our current laws will be changed even further to make industrial hemp’s legality clear,” he wrote in a May memo. “Therefore, I am advising law enforcement not to take enforcement action against products made from industrial hemp that is grown under a lawful hemp research pilot program, including CBD, until Congress considers changes to the law, enabling the Wisconsin State Legislature to further clarify the status of these products.”

Wisconsin’s industrial hemp program allows Wisconsin farmers to grow and sell industrial hemp, as long as they obtain a permit and abide by certain Wisconsin Department of Agriculture, Trade and Consumer Protection requirements. Farmers who participate in this program and follow the rules are exempt from criminal prosecution, and products made from industrial hemp, including CBD, are lawful.

“Wisconsin farmers who choose to participate in this pilot program deserve and need legislative and regulatory certainty from all parts of government,” Schimel stated. “[The] DOJ remains committed to ensuring that CBD oil for sale at retail outlets is safe for consumers.

CBD’s Legal Divide in Wisconsin

Schimel’s May memo to law enforcement aims to clear up any confusion regarding the sales of CBD-based products in local stores and use in homes across the state. The previous divide between existing state law – which says that CBD products can only be used in the state with doctor’s approval, and CBD products containing THC are illegal – and Wisconsin’s industrial hemp program left local law enforcement officials to navigate the issue on their own.

“Law enforcement has encountered products labeled as CBD oil throughout the state and, until the DOJ analytical note, had no guidance on what products are legally and properly manufactured and what products might be harmful to consumers,” said Wausau Chief of Police Ben Bliven in Schimel’s memo. “I appreciate the additional clarity Attorney General Schimel has provided to keep Wisconsinites safe from potentially harmful substances.”

Recently, the Racine County District Attorney’s Office has received inquiries regarding the possession and sale of CBD in Wisconsin. District Attorney Tricia Hanson said that liquor stores and convenience stores across Racine County have begun to sell CBD Gummy Bears and CBD Oil.

Hanson says that outlets selling the CBD products have all been advised by the distributor that the products are, in fact, legal to sell and possess in Wisconsin, Law Enforcement officers across Racine County have been told that when they see these products in stores, they are to make contact with the store owner/management and determine if the product is being sold lawfully. If it is not, law enforcement will remove the product from the store shelves and ask for consent to search the store for other unlawful CBD products.

Other counties who have already seen this problem have determined that the majority of the products they have received from cooperative merchants, does in fact contain tetrahydrocannabinol (THC), the illegal ingredient in marijuana, despite labeling to the contrary.

CBD Distributor Reaffirms Product’s Legality in Wisconsin

This week in a prepared statement, Racine County District Attorney Tricia Hanson said that outlets selling CBD products have all been advised by the distributor that the products are, in fact, legal to sell and possess in Wisconsin. Hanson reaffirmed Tuesday that CBD products can only be sold under limited circumstances, and under the supervision of a physician.

Law Enforcement across Racine County have been told that when they see these products in stores, they are to make contact with the store owner to determine if the product is being sold lawfully. If it is not, law enforcement would remove the product from the store shelves and ask for consent to search the store for other unlawful CBD products.

One of the manufacturers featured ni Hanson’s statement was the distributor for Hemp Bombs, a manufacturer of CBD gummy candies, capusles, oils and e-liquids. The company reached out to Patch to clarify that its contents are legal for sale in Wisconsin under the state’s industrial hemp regulations. Rod Kight, who represents the company when it comes to navigating local and state CBD laws, says that the company’s products contain industrial hemp, which is legal in Wisconsin. “The legal status of CBD is based on its source,” he said.

“[Attorney General Brad] Schimel announced that farmers who grow industrial hemp under the state’s pilot program will not be prosecuted for producing CBD oil. This announcement came in the immediate wake of his meeting with the Wisconsin Farm Bureau Federation, the state Department of Agriculture, Trade and Consumer Protection, and state legislators,” he told Patch. “In a mere two weeks Wisconsin flipped from being a CBD pariah to a CBD haven. In a word, DA Hanson’s message about CBD’s illegality in WI is wrong. It runs directly counter to the law and to the position of the Attorney General,” he said.

Wisconsin 2018 CBD Law, Explained – Waukesha, WI – People are using CBD oils, supplements and candy for its therapeutic effects. Is it legal in Wisconsin? We take a look and tell you: ]]>