Is CBD Oil Legal in Wisconsin?


Is CBD Oil Legal in Wisconsin?

Cannabidiol (CBD) products, including CBD oil, are legal in Wisconsin. Wisconsin enacted Assembly Bill 726 (Lydia's law) in 2014 to allow the use of THC-free CBD to treat seizures based on physicians' certifications. The law was expanded to allow licensed physicians to recommend CBD to treat any medical condition. Additionally, Wisconsin enacted Act 100 in 2017 to legalize industrial hemp in the state, allowing individuals aged 18 years and older to use hemp-derived CBD products.

What are Wisconsin CBD Laws in 2024?

Wisconsin passed AB 726 in 2014 to permit the use of non-psychoactive CBD to treat different forms of seizure. Under this law, doctors could issue certifications to patients to allow them to possess and use CBD. The certifications provided exemption from arrest and prosecution for possessing marijuana-derived CBD. In 2017, Act 4 was enacted to empower licensed physicians in the state to determine medical conditions that qualify for CBD treatment. The law did not establish a medical marijuana program, and there are no medical marijuana cards for patients. All that is required is a physician’s certification allowing a patient to use non-psychoactive CBD.

Wisconsin enacted Act 100 in 2017 to establish a pilot hemp program in the state. The Act was enacted prior to the Agriculture Improvement Act (2018 Farm Bill) that legalized hemp in the U.S. It was made effective to the extent allowed by federal laws. Hence, hemp-derived CBD was legal in the state but could not be taken across state lines until the 2018 Farm Bill became effective. The Act empowered the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) to administer and license hemp production in the state.

Furthermore, in compliance with the 2018 Farm Bill, Wisconsin enacted Act 68 in 2019 to align the state hemp law with federal hemp laws. It legalized the cultivation, distribution, processing, and possession of hemp and hemp products, including hemp-based CBD, in the state. Act 68 maintained the definition of hemp as a cannabis plant with a tetrahydrocannabinol (THC) content not exceeding 0.3%. There are no limits to the possession of hemp-derived CBD products, and it does not require recommendations from physicians. The DATCP stopped issuing hemp cultivation licenses on December 31, 2021, and transferred the responsibility to the United States Department of Agriculture (USDA).

What are Wisconsin CBD Possession Limits?

Wisconsin does not place a limit on the amount of CBD products residents can possess. Wisconsin residents can possess any amount of hemp-derived CBD oil, and patients with doctors' certifications can possess any amount of non-psychoactive, marijuana-derived CBD products. Also, there are no age restrictions for possessing hemp-derived CBD products in the state, although most CBD stores will not sell CBD products to persons under 18 years. Patients under 18 years cannot buy or possess non-psychoactive CBD in Wisconsin.

Can Doctors Prescribe CBD Oil in Wisconsin?

Doctors can recommend CBD oil as a treatment for medical conditions in Wisconsin. Wisconsin Assembly Bill 726 allows the use of non-psychoactive CBD, including CBD oil, to treat diseases or medical conditions as recommended by physicians. The law initially limited the use of CBD oil to the treatment of seizures but in 2017, it was expanded to any medical conditions physicians believe will be responsive to CBD. A Wisconsin-licensed doctor can recommend CBD products to a patient if they believe that the patient's medical conditions will improve with the use of CBD.

How Old Do You Have to Be to Buy CBD in Wisconsin?

Hemp-derived CBD is legal for Wisconsin residents without age limits. However, CBD stores often restrict sales of CBD to persons aged 18 years and older. On the other hand, only persons aged 18 and older can buy non-psychoactive, marijuana-derived CBD with doctors' certifications.

What are the Licensing Requirements for CBD in Wisconsin?

Wisconsin requires hemp cultivators to obtain hemp production licenses from the United States Department of Agriculture (USDA). Hemp processors in Wisconsin no longer require licenses to produce hemp products, including CBD products.

In order to apply for hemp production licenses in Wisconsin, key participants of the hemp business must not have been convicted of felony offenses involving controlled substances in the preceding 10 years. Eligible applicants can apply for the hemp production license via mail or online. Anyone applying online must create an account on the USDA Hemp eManagement Platform (HeMP). They must include copies of Federal Bureau of Investigation (FBI) criminal history reports for every key participant in the business. The report must be dated within 60 days of submitting the application.

Those applying via mail must fill out the USDA Hemp Application Form and send their completed application form and FBI criminal history reports to:

USDA/AMS/Specialty Crops Program

Hemp Branch

470 L’Enfant Plaza S.W.

P.O. Box 23192

Washington D.C. 20026

The USDA will send USDA license numbers to successful applicants. To complete the application process, successful applicants must submit their hemp acreage to the Farm Service Agency (FSA). They must submit their USDA license number, the Global Positioning System (GPS) location of the proposed cultivation site, and the description of the land or facility. There are no registration or application fees for the USDA Hemp production licenses, and the license is valid for three years.

The Wisconsin Department of Agriculture, Trade and Consumer Protection provides labeling instructions for all hemp products, including CBD products, in Wisconsin. The following must be visible on the labels of CBD products:

  • The content of the product must be displayed on the principal display panel of the product label
  • The name of the manufacturer, processor, or distributor and their connection to the product
  • The business address of the manufacturer, processor, or distributor
  • The net quantity of contents in the appropriate unit of measure. It must be displayed conspicuously in the bottom 30% of the display panel

Where to Buy CBD in Wisconsin

Wisconsin residents can buy hemp-derived CBD products, including CBD oils, over-the-counter at health shops, stores, dispensaries, gas stations, and wellness centers. They may also buy from online stores and have them delivered to their homes. Buying CBD products online has the advantage of direct contact with the manufacturers and a variety of products to choose from. It also gives buyers the opportunity to read reviews of previous buyers before buying CBD products. The 2018 Farm Bill permits Wisconsin residents to ship hemp-based CBD products across state lines.

What is CBD Oil?

CBD is the second most popular cannabinoid in the cannabis plant. It occurs naturally in both cannabis and hemp. It is more abundant in hemp, while THC, the most popular cannabinoid, is more abundant in marijuana. THC is the major cause of the psychoactive effects experienced by cannabis users and its proportion in hemp must not exceed 0.3% on a dry weight basis. CBD is popular for its potential therapeutic benefits. It can be used to reduce anxiety, improve sleep quality, relieve pain, and promote general well-being. CBD is available in several forms, including capsules, oils, tinctures, vapes, pills, creams, lotions, and edibles.

CBD oil is manufactured by extracting CBD from the cannabis plant and diluting it with hemp seed oil or coconut oil. CO2 extraction, olive oil extraction, or solvent extraction are ways of extracting CBD from the hemp plant. CBD oil may contain other cannabinoids, terpenes, and other cannabis compounds. CBD oil made from CBD isolates is devoid of all other hemp compounds. CBD oil can be taken sublingually or topically. It may also be made into capsules or as food additives.

Hemp-derived CBD is legal in the U.S. due to the Farm Bill of 2018, which legalized hemp and removed it from the list of controlled substances. Similarly, Act 68 legalized hemp and hemp products, including CBD, in Wisconsin. However, marijuana-derived CBD remains illegal in the U.S. Marijuana is also illegal in Wisconsin.

What Does CBD Do?

CBD is popular because of its potential medicinal benefits. Like THC, it interacts with the body’s endocannabinoid system (ECS) to produce different effects on users. But unlike THC, it does not induce psychoactive effects. CBD is reputed to calm the nervous system and to possess neuroprotective properties. It is used to relieve chronic pain and improve sleep quality. Also, it is used to reduce stress and anxiety.

The United States Food and Drug Administration (FDA) has approved a CBD-based drug (Epidiolex) for treating and managing some types of epilepsy and seizure disorders. CBD is used as an alternative for treating certain medical conditions that are unresponsive to conventional medicine. However, research is ongoing to determine the full extent of the therapeutic uses and effects of CBD. The effects of CBD on users vary depending on the dosage used, method of consumption, frequency of consumption, and body mass index.

Does CBD Show Up on Wisconsin Drug Test?

Standard drug tests in Wisconsin are designed to detect THC metabolites and do not test for CBD. Hence, hemp-derived CBD will not show up in most drug tests, as they contain 0.3% THC or less. However, marijuana-derived CBD or CBD products with unreliable THC content readings may return a positive drug test result. It is important to only consume third-party, laboratory-tested CBD products to avoid failing drug tests in Wisconsin.

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