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CBD has been rising in popularity nationwide since the 2018 Farm Bill legalized hemp, but some states still face legality issues. The bill legalized hemp and its derivatives, like CBD, but allowed states to create their own laws around CBD.
Is CBD legal in Wisconsin? Yes, it is, but Wisconsin CBD laws remain somewhat unclear.
Some forms, like CBD oil in Wisconsin, are widely available, but other products, such as smokable hemp flower, face more restrictions. Here's what you need to know about navigating CBD in Wisconsin.
Table of Contents
Legal Concerns About CBD
What are the CBD laws in Wisconsin?
Does Wisconsin have a CBD possession limit?
Can doctors prescribe CBD in Wisconsin?
Where to buy CBD in Wisconsin?
Can you buy CBD at 18 in Wisconsin?
Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Wisconsin initially legalized CBD for certain patients in 2014, and following the 2018 Farm Bill, CBD is now legal and accessible statewide, though residents may still encounter challenges in finding a variety of products locally due to ongoing regulatory updates.
Let's dig into the details:
Wisconsin was one of the state’s to recognize CBD’s medicinal benefits early. In response to the 2014 Farm Bill, Wisconsin passed Wisconsin Act 267, informally known as Lydia’s Law, a bill that legalized CBD on a restricted basis for qualifying epilepsy patients in the state. Similarly restrictive laws were passed in other states at the time (see Alabama and Kentucky) as the “first steps” to CBD legalization.
The law remained restrictive until 2017, when Wisconsin governor Scott Walker signed SB 10 into law. This bill legalized CBD possession in the state for patients with a written recommendation from a doctor.
Although this bill did extend access to many residents, it failed to outline a hemp agriculture plan or make CBD easily accessible within the state. However, SB 10 included text that required the state to follow suit with federal law, if it were updated in the future. When the 2018 Farm Bill was signed into federal law, Wisconsin began updating state laws.
The state passed Assembly Bill 49 to further loosen state regulations on CBD, but this new law did not fully clarify CBD’s legal stance. Finally, SB 188, published in late 2019, altered the state’s definition of hemp to match the new federal definition. Now, hemp and hemp-derived CBD is legal and accessible in Wisconsin.
SB 188 was partnered by Assembly Bill 206, a bill that aimed to iron out hemp agriculture laws in the state. The bill is currently tabled, and Wisconsin is still working out the details on their future hemp program while operating under the pretenses of the 2014 Pilot Program.
For now, CBD is legal to buy and possess, and the state has not restricted any specific types of CBD products. Until the state irons out a hemp plan with the USDA, CBD products may not be easy to find in the state. Instead, residents of Wisconsin may outsource to other states where CBD is legal to order online.
Wisconsin has no defined possession limits on legal CBD products. CBD products that contain over 0.3% THC may be classified as cannabis products, which are illegal and subject to penalty.
In Wisconsin, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
CBD may be accessible all over Wisconsin, but it’s unclear if the products are legal. Either way, the products are legal to possess within the state, so if they are purchased from a source that meets all state guidelines, they are legal CBD products. That means you may find CBD in grocery stores and convenience stores.
Keep in mind that Wisconsin does very little to regulate quality and is still working out the regulations for CBD manufacturers and growers within the state. The lack of regulations within the industry can be risky for consumers.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
The legal age to buy CBD in Wisconsin is not clearly defined, with no statewide regulations setting an age limit. While legal cannabis products require buyers to be at least 21, it's unclear if this applies to CBD. Many brands, however, allow customers 18 and older to order CBD online and ship legal CBD oil to Wisconsin.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Wisconsin, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
Yes, anyone can buy CBD in Wisconsin as there are no age restrictions or prescription requirements for hemp-derived CBD products.
Yes, CBD gummies are legal in Wisconsin, as they fall under the broader category of legal hemp-derived CBD products.
Delta 8 THC is legal in Wisconsin because it is derived from hemp, which was legalized under the 2018 Farm Bill, provided it contains less than 0.3% Delta 9 THC.
While most states allow CBD, some states have specific restrictions. It's essential to check individual state laws to determine where CBD is prohibited or regulated.
Yes, you can bring CBD gummies on a flight, as long as they comply with the TSA guidelines and contain less than 0.3% Delta 9 THC, aligning with federal law.
CBD interacts with the body’s endocannabinoid system, potentially providing various benefits such as reducing anxiety, alleviating pain, and improving sleep, though individual experiences may vary.
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