Is CBD legal in Wisconsin? A light at the end of a tunnel.
While the 2018 Farm Bill legalized CBD for Americans nationwide, the answer is somewhat still unknown to the question – Is CBD legal in Wisconsin? That’s because individual state laws have posed hurdles for many users. Even though the cannabinoid is legal federally, some state laws still prohibit the use of CBD and cannabis-based products.
This can make using CBD for medical use, confusing and cumbersome for many patients who can benefit from its plethora of health benefits. Especially for those who don’t have the time to review and understand the complicated language that outlines the legalities of cannabis and CBD in their individual states. As State guidelines and laws are ever-changing and hard to decipher for the common citizen or patient. That’s why we’ve compiled the complete guide of pertinent 2020 information that helps to figure out, is CBD legal in Wisconsin? We’ll cover the following :
- Passed legislation in Wisconsin in favor of legalizing CBD.
- Current state of affairs for the legalization of CBD in Wisconsin.
- Who can benefit from CBD and medical marijuana in Wisconsin.
- Where and how to purchase CBD in Wisconsin.
Everything you need to know about CBD legality in Wisconsin
Cannabis use and availability in Wisconsin is not so easy, even for people who need it for medical reasons to treat serious illnesses. Despite the fact that the legalization of cannabis is gaining momentum throughout America. In fact, medical marijuana is legalized in most states in America, including recreational marijuana being legalized in neighboring Michigan. Close states like Minnesota and Illinois also have medical marijuana programs in place. Despite the support of the state’s residents, Gov. Tony Evers and many members of the Legislature have made little progress on legalizing marijuana for both medical and recreational purposes.
However, there could be a light at the end of the tunnel for medical marijuana users in the state of Wisconsin, soon. The latest news speaks in favor of the fact that in the near future, Wisconsin will most likely accept its medical cannabis program, making it available to state patients in various forms (including marijuana-sourced CBD ). Now the bill for legalization is even supported even by some Republicans, namely, the Republicans blocked previous legalization initiatives.
Keep in mind, there is a difference in hemp-based CBD versus Marijuana. Which causes confusion for the current legislation in the State of Wisconsin. For you to fully understand its legalization, we’ll review the difference, next.
Hemp Based CBD versus Marijuana
One legal option Wisconsin residents do have to turn to, is hemp based CBD. In Dairyland, hemp CBD products are still available, which contain no more than 0.3% tetrahydrocannabinol (THC). You can learn more about the differences between hemp and marijuana in our more in-depth guide here.
However, many are wondering – is it possible to own and use hemp-CBD without written permission-certification from a doctor? Indeed, the Wisconsin cannabis and CBD laws are quite confusing and it’s hard to find a clear answer. But in reality, this answer now exists and is located in section 961.32 (2m) (b) of Wisconsin Statutes:
“An individual may possess a cannabidiol product if the individual has certification stating that the individual possesses a cannabidiol product to treat a medical condition, if the certification has an issue date that is no more than one year prior to the possession, and if any expiration date provided by the physician in the certification has not passed. A certification is not required to possess hemp, as defined in s. 94.55 (1), or a prescription drug product that has been approved by the U.S. food and drug administration ”.
Hemp, as defined in section 94.55, refers to all extracts and derivatives of hemp. Therefore, all people, regardless of the availability of certificates, recommendations or certification, should be able to freely and absolutely legally own hemp-CBD and hemp-products in Wisconsin via the federally passed 2018 Farm Bill.
So, your next question may be…how do I purchase CBD in Wisconsin? No worries, we’ll cover everything you need to know about purchasing CBD goods in our following section.
Purchasing CBD in Wisconsin
So where can you buy CBD products in the state of Wisconsin? Buying such products in the Dairyland now is becoming increasingly easy. The CBD retailer market began to develop steadily in 2018 – early 2019, and now CBD stores, including such large interstate chains as, for example, American Shaman, operate in many cities of the state. CBD is also often sold in tobacco, vape or head shops, gas stations, and even grocery stores. In addition, CBD can be ordered online with legal shipping throughout the country, including to Wisconsin.
The main factor you should look for when purchasing CBD products, is that the purchased product is tested by independent laboratories and has quality certificates. After all, on the market you can often find low-quality products that may contain THC above the permissible limit, or contain hazardous pesticides or not contain CBD at all. Do not forget, the purchase of proven quality products is for your safety first – in terms of protection against criminal prosecution, and in terms of your health. Read more about how to choose the right CBD and how to avoid common purchasing mistakes (link to general material, section “Own quality control”). Our guide to acquiring CBD online and the features to look for is also additionally, helpful (link to general material, section on buying online). What kind of CBD products are available for purchase online or in Wisconsin stores?
- CBD Oils
- CBD Edibles
- CBD Topicals
- CBD Capsules
- Other CBD based products
Who can use CBD in Wisconsin?
With the confusing and nefarious laws in the state of Wisconsin that remain in 2020, it can be difficult to figure out who can use CBD legally. The language of the state’s specific legislation seems to negate the federal legalization of the compound, or makes the legality of use unclear for many. Pursuant to the current Wisconsin statute 961.32(2m)(b), the state declares it is still illegal to possess CBD due to the traces of THC that can be contained in the products, without the certification from a physician. Even though this contradicts the state’s own Industrial Hemp law.
So, to answer the question simply, who can use CBD in Wisconsin…the answer is, anyone can use CBD legally in Wisconsin as long as they have a valid certification from a licensed physician. Next, we’ll cover medical marijuana and the legalities for Americans living in the state of Wisconsin.
Is medical marijuana allowed in Wisconsin?
Regardless of the fact that Doctors can now certify patients to use CBD in Wisconsin, medical marijuana remains illegal in the State. Over the years, a number of state representatives have introduced legislation that would legalize the use of medical marijuana for conditions that can benefit from the cannabis plant’s natural healing properties. A right that many other states have provided to Americans, through medical marijuana legalization in their own areas.
In just 2019, the State’s own governor announced he would support and provide a budget for specifically legalizing the plant compound for medical use. Although little progress has been made from there. Many state representatives were in the process of pushing forward this bill in just April 2020, when the Coronavirus social distancing mandates put a halt to the work they were putting forth. The legislators hope that the issue is priority when returning back to work as normal. For those seeking CBD, the ways to obtain the cannabinoid in Wisconsin will be reviewed next.
Can doctors prescribe for a CBD in Wisconsin?
Luckily for Wisconsin residents, you’re still able to procure a prescription or certification from a physician for the use of CBD. Although this can be frustrating for many CBD users who have to jump through extra hoops to receive their medicine, while residents in other States don’t have to do the same due to federal legalization and more clarified State laws. What makes the issue even more confusing for CBD users, is law enforcement is still removing certain CBD products off the shelves of Wisconsin stores that contain traces of THC. Even though this is federally legal, when under .3%.
A number of studies have been conducted that prove the medical efficacy of CBD for a number of conditions. Doctors commonly prescribe CBD and medical marijuana for the following issues or disorders:
- CBD aids epileptic seizures.
- CBD can aid arthritis pain with anti-inflammatory effects.
- CBD can reduce anxiety and stress symptoms.
- CBD can relieve nausea in conditions like Cancer.
The prospect of full legalization of CBD
Again, another fortunate thing for the residents of Wisconsin in regards to CBD is there are key leaders in the State trying to make a difference with legislation. Most currently, two bills were just introduced to the State’s legislature to legalize the possession of any medical marijuana, up to a certain amount or limit. The passing of any legislation legalizing medical or recreational marijuana, would loosen the restrictions that are currently placed on CBD products containing THC trace amounts.
But, again COVID-19 and the closure of the state for social-distancing has put these bills on hold temporarily. Hopefully, upon returning to their regular schedules more progress can be made for the advocates of CBD and medical marijuana for patients that can benefit from the effects they provide.
Did you know?
Here’s an interesting fact to be aware of when discussing Wisconsin and the legalization of CBD in their state. In 2014, the Wisconsin legislature passed a bill called ‘Lydia’s Law’ that legalized CBD in the honor of a seven-year-old girl named Lydia, who’s rare form of epilepsy benefitted from the use of CBD. Even though this bill was passed state-wide, at the time CBD was not federally legal so it had its own complications. In addition, the bill didn’t provide Wisconsin doctors the ability to prescribe CBD making the bill virtually useless for actually receiving and legally consuming the substance. In 2017, the bill was amended to allow physicians the ability to recommend and certify patients to use CBD.
The last word on, is CBD legal in Wisconsin?
So to address the question…is CBD legal in Wisconsin? The answer isn’t as straight-forward as you would expect. After extensive research, Status-CBD has found that yes, CBD is legal for possession and use in Wisconsin in 2020, when a valid certification or prescription is obtained from a licensed physician.
On the bright side, it appears that US citizens that are in leadership roles for the State are working hard to pass more progressive legislation that expands the legality of use to match federal guidelines. Along with further approving medical marijuana for patient use.
Warning: this material is for reference only. It is not advertising and is not legal advice. To clarify the information, we recommend that you contact the authorized bodies or organizations of your state.