Is CBD Legal In Wisconsin?

by in US Law September 26, 2019

CBD Oil Is Now Federally Legal

The passage of the 2018 Farm Bill confirmed it: CBD is no longer a Schedule 1 drug, and as such, is legal to be processed and sold (per the federal government) in the United States. However, in our governmental system, all fifty states have the chance to enact their own laws when it comes to the regulations of certain substances. As such, something being legalized at the federal level doesn’t mean it is legal across the country.

But Is CBD Oil Legal in Wisconsin?

Yes, CBD is legal in Wisconsin. As was the case in many states, it took multiple laws to fully legalize CBD in the Badger State. The effort started specifically dealing with medical issues. In 2014, the Wisconsin Legislature enacted Wisconsin Act 267, which legalized the use of CBD for seizure disorders, but only if CBD was approved by the FDA. CBD had not been approved by the FDA at the time, and thus, the law had no tangible impact on the general public.

The law was amended in 2017 to allow CBD possession for more limited medical access. However, importantly, the same law said that CBD would be legal in Wisconsin if it was rescheduled at the federal level.

In 2018, before the Farm Bill was passed, Wisconsin Attorney General Brad Schimel advised law enforcement to not arrest anyone for any CBD product which was lawfully grown, noting that federal changes to CBD laws were likely. That assessment proved to be correct, as the 2018 Farm Bill directly resulted in full legalization of CBD in Wisconsin.

CBD Regulations and Availability in Wisconsin

Multiple news outlets have written on the explosion of growth of Wisconsin’s CBD industry, noting that the substance could be found virtually anywhere in the state. Furthermore, the simultaneous legalization at the state and federal level allows for Wisconsin residents to purchase CBD off of the internet and transport it over state lines.

When it comes to THC (Tetrahydrocannabinol, the chemical agent in marijuana which is associated with the drug’s “high”) in CBD, Wisconsin’s regulations match the federal government: CBD is legal as long as it contains .3% or less THC.

Hemp in Wisconsin

Wisconsin, like many other states, does have an industrial hemp program. As it is throughout much of the rest of the country, the industry is heavily regulated. Prospective growers must obtain a license and pay an annual registration fee, and additional licenses are required for processors.

Additional requirements for hemp growers include a background check and providing the Department of Agriculture, Trade & Consumer Protection (DATCP) with the locations and GPS coordinates of any fields or greenhouses. Hemp processors must also pass a background check, provide coordinates/locations, a research plan and a signed research agreement. Growers and processors must also allow members of the DATCP access to their fields, products and greenhouses upon request, and testing of THC levels is required.

Author: Leafwindow Team

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