Under federal law, CBD oil is an industrial hemp product, and it is legal to possess and distribute.
Cannabidiol, or CBD oil, is increasingly available in stores across the state of Wisconsin.
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.
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.
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).
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 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.
Is CBD Oil Legal in Wisconsin?
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.
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.