Categories
BLOG

is cbd oil legal in wisconsin 2020

Is CBD oil legal In Wisconsin?

Copy article link to clipboard.

Link copied to clipboard.

Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Wisconsin CBD laws
  4. Where to buy CBD in Wisconsin
  5. How to read CBD labels and packaging

Yes. In Wisconsin, cannabidiol (CBD) has been legal for medical use since 2014, while hemp-derived CBD is available for adults 18 and older. In fact, Wisconsin was historically one of the nation’s largest producers of hemp until it was prohibited federally in 1958.

CBD oil was legalized in Wisconsin for strict medical purposes under a bill dubbed Lydia’s Law in 2014. It was then legalized in 2017 for a more broad list of medical purposes for adults 18 and older, along with a pilot hemp production program. Those two medical CBD laws were limited, labeled as an “investigational drug permit” issued by the U.S. Food and Drug Administration.

Wisconsin’s new legislation seeks to match the federal definition of hemp as laid out by the 2018 Farm Bill, which defines hemp as cannabis that contains less than 0.3% THC.

What is CBD?

CBD is the second-most-abundant cannabinoid found in the cannabis plant behind THC, which is the compound that creates intoxicating effects. CBD is a non-intoxicating cannabinoid that is widely perceived to offer therapeutic health benefits for several conditions, demonstrating anti-inflammatory, anti-anxiety, and seizure-suppressant properties, while also showcasing potential for pain relief.

A bottle of CBD oil. Photo by: Gina Coleman/Weedmaps

Image lightbox

Why is CBD sometimes illegal?

Even though hemp strains don’t produce enough THC to cause intoxication, all types of cannabis, including hemp, were considered illegal under the 1970 Federal Controlled Substances Act. The legislation swept all cannabis into Schedule 1, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.

The 2018 Farm Bill legalized hemp cultivation and created a pathway to remove some cannabis from Schedule 1 by creating a legal threshold: Hemp is cannabis that contains less than 0.3% THC by weight, and marijuana is cannabis that contains more than 0.3% THC. Hemp-derived CBD was thus descheduled by the bill, but CBD that is derived from the marijuana plant is still considered federally illegal because marijuana is categorized as a Schedule 1 substance.

The 2018 Farm Bill also presented the U.S. Food and Drug Administration (FDA) with the authority to regulate CBD’s labeling, therapeutic claims, and its use as a food additive. Despite the passage of the Farm Bill, the FDA has taken the stance that even hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements. While the FDA has begun a process of reevaluating its stance on such CBD products, it has yet to revise its rules or specifically regulate CBD products. The FDA has been strict when it comes to health claims and content that could be construed as medical advice about CBD.

Federal law still highly regulates the production and sale of hemp, and its cannabinoids, including CBD. The Farm Bill also provides that states may also regulate and even prohibit CBD cultivation and commerce. In addition, states may attempt to regulate CBD food, beverage, dietary supplement, and cosmetic products, independently of the FDA finalizing its views on such products.

Wisconsin CBD laws

CBD oil was legalized for medical use in Wisconsin in 2014. The legislation, known as Lydia’s Law but formally called the Wisconsin Act 267, legalized CBD oil but with very strict medical regulations. It was permitted primarily for those with seizure conditions.

In 2017, CBD oil was legalized in Wisconsin when SB 10 was signed into law by Republican Gov. Scott Walker. Introduced in the Senate and it passed with overwhelming bipartisan support in the state Senate by a vote of 31-1. The bill legalized possession of CBD oil in the state with a doctor’s recommendation.

Wisconsin’s SB 10 had the foresight to require the state government to follow federal law if and when CBD oil was rescheduled at the national level. In March 2017, the Wisconsin Assembly passed Assembly Bill 49, which is the partner bill of SB 10, unanimously with a vote of 98-0, loosening restrictions surrounding CBD.

A bill currently moving through the legislature would clarify and match Wisconsin’s laws up with the 2018 Farm Bill, from a hemp production standpoint, defining the terms and THC percentage as lower than 0.3%. This bill, called Senate Bill 188 and its partner agricultural bill, Assembly Bill 206, both attempt to make a number of changes to Wisconsin’s current law relating to industrial hemp. They are both in progress as of Sep. 26, 2019.

It’s important to note that the FDA hasn’t provided a definitive answer as to how or when it will revise its rules to make CBD or CBD oil legal to add to food or dietary supplements.

The only form of CBD so far that has been approved by the FDA is Epidiolex, a seizure medication manufactured by G.W. Pharmaceuticals.

Growing hemp in Wisconsin

In 2017, Wisconsin passed a pilot hemp program in order to study the growth, cultivation, and marketing of industrial hemp. Called SB 199, the industrial hemp research program was limited to hemp below 1% THC in content, but this could be amended to meet the lower federal limit of 0.3% THC.

In order to produce industrial hemp plants for CBD oil in Wisconsin, a license is mandatory. The state has a hemp production application process by which farmers need to re-apply for annually. There are both grower and processor licenses which allow people to cultivate, store, handle, and convert industrial hemp into a marketable form.

Both are lifetime licenses that they need only get once and then re-register annually. If applicants are processing only hemp that they grow, they need only the grower license. The registration is through the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). Here are the license fees for hemp:

  • Grower license (one-time fee) : ​$150 (0-30 acres), $5/acre (31-199 acres), ​$1,000 (200 acres or more)
  • Processor license: ​No fee
  • License modification: $50, plus fee for additional acreage as listed above
  • ​Grower registration annual fee: ​$350
  • Processor registration annual fee: $100
  • Sampling/testing: $250 per sample and test; each field and hemp variety needs at least one sample/test

CBD Labeling requirements, testing requirements, are being determined by the DATCP and are included in pending legislation.

Wisconsin CBD possession limits

There is no current possession limit for adults 18 and older with a medical CBD recommendation in Wisconsin. According to a Wisconsin Statute 961.32(2m) (b), you can possess CBD without any THC if you have medical certification to treat a qualifying condition.

CBD oil usually comes with a dropper to allow consumers and patients to measure out their dose. Photo by: Gina Coleman/Weedmaps

Image lightbox

Where to buy CBD in Wisconsin

You need to be at least 18 years old to purchase hemp-derived CBD in Wisconsin. There are many popular stores that sell CBD and hemp-based products throughout the state.

There is also the option to purchase online and have the CBD shipped to residents within Wisconsin. The U.S. Postal Service said it is legal to mail CBD if it meets the federal requirements of containing less than 0.3% THC. Weedmaps offers an extensive listing of reputable CBD brands and how to find them in your area.

How to read CBD labels and packaging

When looking for what CBD product to purchase, you need to take into account a few important ingredient list numbers and know what they mean when you see them.

The first thing you want to focus on is potency in milligrams. In addition, you will be able to find out, in general, the following information on most company’s packaging for CBD product labels:

  • Amount of active CBD per serving.
  • Supplement Fact panel.
  • Suggested use.
  • Full spectrum, broad spectrum, or isolate.
  • Batch or date code.
  • Net weight.
  • Manufacturer or distributor name.

Is CBD oil legal In Wisconsin? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Wisconsin CBD laws Where

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. ]]>