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CBD Oil in Wisconsin
Are you searching for answers about CBD laws in Wisconsin? Is it legal to purchase cannabidiol within WI? Is it legal to consume? These are the kinds of questions that residents of “The Badger State” are asking about CBD. You have come to the right place for answers.
Federal law permits CBD that is derived from hemp, and it is readily available to purchase or ship to Wisconsin. There still exists some friction between state and federal laws on this matter but the legal framework allows for residents to use CBD and it is easily obtainable through retailers. Because of this friction: if you have any concerns after reading this article, we strongly recommend that you contact your local law enforcement for clarification.
Let us discuss how the current legal situation came to be. The laws vary between each state when it comes to the legal boundaries of cultivating, distributing, buying, and using products that contain CBD.
One important thing that should be noted up front is that CBD products that are derived from the hemp plant (Cannabis Sativa) are distinct and different from those made from the marijuana plant (Cannabis Indica).
The law makes a distinction between Cannabis Sativa and Cannabis Indica, but this was not always the case. Changes to the laws dealing with this at state and federal levels have clarified this in only the last several years.
Is CBD Oil legal in Wisconsin?
Non-psychoactive CBD oil and industrial hemp are legal in Wisconsin, but there remain some conditions set in the state laws. But thanks to the passage of H.R.2 – Agriculture Improvement Act of 2018 (The 2018 Farm Bill) and the modern industrialization of hemp, CBD has been effectively legalized across the United States.
The ratification of this bill solidified the legal right to cultivate and consume hemp-derived products, including hemp-derived CBD, in the state of Wisconsin.
According to the 2018 Farm Bill, hemp products are legal in all states so long as THC concentration remains at less than 0.3% on a dry weight basis, including CBD.
(THC is marijuana’s psychoactive substance that allows one to become “high” if consumed. The natural amount of THC found in most hemp plants is very, very low.)
When a CBD-based product reflects the standards of legal production, federal law recognizes it as legal.
What are the current CBD laws in Wisconsin?
It is possible for CBD extracts to be taken from hemp plants, or marijuana plants. Marijuana, products derived from marijuana, and products containing marijuana remain illegal in Wisconsin. But the situation differs for CBD products that have been made with hemp extracts; such products are legal.
Under direction of the Wisconsin Agricultural Experiment Station, industrial hemp was cultivated on an experimental basis as early 1908 but by the middle of the century, prohibition measures began to appear. In 1939 prohibition laws pertaining to marijuana also specified restrictions on hemp, “growing, cultivating, mixing, compounding, having control of, preparing, possessing, using, prescribing, selling, administering or dispensing marijuana or hemp.” (161.275 Possession and use of marijuana; penalty)
All cannabis was outlawed in Wisconsin by the middle of the 20th century. In 1958 the Rens Hemp Company in Brandon, Wisconsin closed; this closure marked the end of legal hemp production nationwide for the remainder of the previous century. (Rens Hemp Company was, in its time, the number one provider hemp-based rope to the U.S. Navy.)
Little changed between the 1950s and the early 21st century, though there were a few notable steps made to decriminalize cannabis possession in certain WI localities. Though these don’t have a direct state-level impact, they may be worth mentioning:
- 1977: Madison voted to decriminalize possession of up to 112 grams of cannabis, if held in a private area. Those charged with public possession faced a fine of $109, unless they were under medical advisement of a physician. This was one of the earliest decriminalization ordinances to pass at the municipal level, anywhere in the country.
- 1997: In 1997 Milwaukee passed its own decriminalization measure, after it was signed by Major John Norquist. The measure made possession of cannabis a non-criminal offense if less than 25 grams. Instead, offenders would have the option of community service, drug education courses, fines ranging from $250 to $500, or imprisonment up to 20 days. The penalties were reduced to a $50 fine in 2015.
- 2014: A non-binding referendum passed with 64.5% of the vote in 2014 in Dane County, Wisconsin. The measure expressed that state lawmakers should pass legislation that would permit for the recreational use of cannabis.
- 2015: In 2015 the Menominee Indian Reservation, a sovereign reservation that is not under jurisdiction of Wisconsin state law, held votes to legalize cannabis for recreational use, and legalize cannabis for medical use. The measure for legalizing recreational cannabis passed 677 to 499, and the measure for legalizing medical cannabis passed with a vote of 899 to 275. This was a unique situation that applied only to the Menominee Indian Reservation.
- 2018: In 2018 16 Wisconsin counties passed non-binding referendums in support of legalization for both medical cannabis and recreational cannabis. This accounts for more than half of Wisconsin’s population.
- In the city of Eau Clair, council members passed a resolution that set the penalty for first-time possession (up to 25 grams) at $1.
In 2014 a state level pathway began to clear for CBD with Wisconsin Act 267 (2013 Assembly Bill 726). This act helped to clarify legal distinctions between THC and other cannabis derivatives. Though it passed unanimously in the State Senate 33 to 0, a clause added to the legislation for Senate approval effectively weakened the bill to the point of being symbolic.
The clause specified the need for FDA approval of CBD oil before it could be prescribed by a physician. As CBD did not have FDA approval at the time, doctors in Wisconsin were not able to prescribe CBD after the passage of the legislation.
As was the case in many states, this initial legislation was advocated for by those who sought CBD to treat intractable epilepsy. Sadly, the pathway to legal CBD was not cleared quickly enough for one seven-year-old girl named Lydia Schaffer. In her honor, the bill later became known as “Lydia’s Law” – shortly after its passage. And the fight continued.
The struggle then moved forward in with Senate Bill 10, passed by a vote of 31 to 1. It acted as an amendment to Lydia’s Law to permit access to CBD oil in narrow medical circumstances. If a doctor certified use of CBD oil to treat a medical condition, possession and use was permitted. The bill also instructed Wisconsin to mirror any reclassification done at the federal level.
In 2017 Senate Bill 119 was passed to establish a state program to study the growing and processing of industrial hemp, putting down the groundwork for a revived hemp industry within the state.
Can I purchase CBD oil in Wisconsin?
Indeed, you can. Not only is it legal to buy or consume CBD products in Wisconsin, but it’s also easier than ever to do so. Because the WI state and federal laws on this are not yet in perfect alignment, if you have any lingering question, you should reach out to local law enforcement for clarity before purchasing or using CBD.
In most parts of the country hemp-derived CBD products have become readily available in local shops and specialty retailers without the need to produce a prescription or medical card. But did you know that can even purchase CBD online?
At Highland Pharms, we offer a large variety of CBD-based products, all derived from hemp! Our products are cleanly-produced, legal, safe, and may offer positive benefits to those who seek better health.
Whether you’re in Madison, Milwaukee, Green Bay, Kenosha or anywhere else in America’s Dairyland, you’re invited to review our inventory of CBD products and see what might work best for you, at your doctor’s recommendation.
Highland Pharms’ hemp-based CBD is available in many formats that include capsules, drops, gummies, lotions, creams, and vape oils.
We’ll proudly ship Highland Pharms’ CBD to you… anywhere in Wisconsin!