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.
Cannabidiol, or CBD oil, is increasingly available in stores across the state of Wisconsin.
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).
Under federal law, CBD oil is an industrial hemp product, and it is legal to possess and distribute.
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.
Still, because it is illegal in Wisconsin, it is advised that if you use or distribute CBD oil that you have (or your customers have) a clinician’s certification or prescription to avoid possible criminal charges.
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.
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.
Is CBD Oil Legal in Wisconsin?
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.
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.
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.