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Is CBD Legal in Wisconsin?

In recent years, CBD (cannabidiol) has gained widespread popularity for its potential health benefits and its availability in various products, from oils to gummies. CBD’s legal status differs according to state.

If you’re in Wisconsin and wondering whether CBD is legal, this blog will provide you with a comprehensive overview of the current status of CBD in the Badger State. Before we dive into the legal intricacies, it’s crucial to have a clear understanding of what CBD is.

CBD oil is derived from cannabis plants and does not cause intoxication. Unlike its cousin, THC (tetrahydrocannabinol), CBD doesn’t produce the “high” typically associated with cannabis use. Many people turn to CBD for potential health benefits, such as stress relief, pain management, and improved sleep.

What Are Wisconsin CBD Laws?

Is CBD Legal in Wisconsin

Wisconsin passed AB 726 in 2014 to allow non-psychoactive CBD to treat various forms of seizure. Under this law, doctors could issue certifications to their patients authorizing them to possess and use non-psychoactive CBD without fear of arrest and prosecution for possessing marijuana-derived CBD. In 2017, Act 4 was passed which granted licensed physicians in Wisconsin authority over determining what medical conditions qualify for CBD treatment. Without creating a medical marijuana program or card system. All that was necessary was an authorization certificate from a physician authorizing their patient to possess nonpsychoactive CBD products.

Wisconsin passed Act 100 in 2017 to create a pilot hemp program within its borders, before the Agriculture Improvement Act (2018 Farm Bill) legalizing hemp nationwide became effective. As such, hemp-derived CBD was legal within its boundaries but could only be taken across state lines once legalization came into force under federal laws. Furthermore, Act 100 empowered the Wisconsin Department of Agriculture Trade and Consumer Protection (DATCP) to administer and license hemp production throughout Wisconsin.

Wisconsin recently passed Act 68 in 2019 to align state hemp law with federal hemp regulations, legalizing cultivation, distribution, processing, possession, and possession of hemp-derived CBD products within its borders. Act 68 defines hemp as any cannabis plant with THC levels no higher than 0.3%; no restrictions exist regarding possession or physician recommendations regarding possession or purchase of CBD products from hemp plants in Wisconsin. Finally, Wisconsin suspended issuing cultivation licenses by December 31st, 2021 transferring it over to USDA instead.

Is CBD Legal in Wisconsin?

The answer depends on what form of CBD we’re discussing.

CBD can be extracted from two varieties of cannabis plants — hemp and marijuana — each having different ratios between CBD and THC content, and are treated differently by Wisconsin.

Marijuana contains high levels of THC, the intoxicating cannabinoid that gives users their high, while hemp only contains trace amounts as well as higher concentrations of CBD, its non-intoxicating cousin.

Federal vs. State Laws

The legal landscape of CBD is influenced by a combination of federal and state laws. At the federal level, the 2018 Farm Bill was a significant milestone. It legalized the cultivation of industrial hemp, defined as cannabis containing less than 0.3% THC. This bill effectively made hemp-derived CBD legal under federal law.

CBD in Wisconsin – A Historical Perspective

Wisconsin has a long history of cannabis and hemp production. In fact, the state was once a major hemp producer during the first half of the 20th century. However, the Marihuana Tax Act of 1937 and subsequent federal regulations led to the decline of hemp production in Wisconsin.

The Legal Status of Hemp-Derived CBD

In Wisconsin, hemp-derived CBD is legal. The state established a regulatory framework to oversee the production and distribution of hemp and CBD products. This framework is in line with the 2018 Farm Bill, allowing for the legal cultivation, processing, and sale of industrial hemp and its derivatives.

The Role of the Wisconsin Department of Agriculture, Trade, and Consumer Protection

The Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) plays a crucial role in regulating hemp production. It oversees licensing for hemp farmers and processors, ensuring that they comply with state and federal regulations. This involvement by DATCP helps maintain the integrity of the hemp and CBD industry in the state.

Wisconsin’s CBD Retail Landscape

Wisconsin has seen a rise in CBD shops and stores. Consumers can find a variety of CBD products, including oils, tinctures, edibles, and topicals. While CBD is widely available, it’s essential for consumers to choose products from reputable sources to ensure quality and compliance with state regulations.

CBD and Medical Use in Wisconsin

In Wisconsin, CBD has been used as a treatment option for certain medical conditions. Patients with qualifying conditions can access CBD through a physician’s recommendation. However, it’s vital for patients to understand the specific requirements and procedures for obtaining medical-grade CBD.

The Gray Areas: THC Content and Legal Limits

While hemp-derived CBD is legal in Wisconsin, there are regulations regarding the permitted THC content in CBD products. CBD products must contain less than 0.3% THC to be considered legal. This threshold is in line with federal guidelines.

Law Enforcement and CBD

The evolving legal landscape of CBD can pose challenges for law enforcement. Distinguishing between legal hemp-derived CBD and illegal marijuana products, which may contain higher levels of THC, can be complex. Law enforcement agencies are continually working to adapt and understand the nuances of CBD regulation.

Guide To Buying CBD Oil In Wisconsin

CBD has taken the wellness industry by storm. Unfortunately, however, since its market remains relatively new and unregulated. Some companies take an informal approach when labeling products sold over-the-counter. Many contain less CBD than advertised and/or contain potentially dangerous chemicals that compromise your health. Here’s your guide on buying CBD oil in Wisconsin.

Don’t get us wrong: there are plenty of great companies producing high-quality products, but knowing where to look can make all the difference in finding them.

Here are a few steps that will assist in helping yourself:

  • Shop only from companies who submit their products to an independent lab for analysis. Third-party labs will evaluate the CBD content to confirm if it matches what was stated on the bottle, and also screen for any potentially dangerous chemicals like pesticides, solvents, heavy metals or mycotoxins that may be present.
  • Choose CO2-extracted CBD. CO2 extraction is by far the safest and most efficient method to produce CBD oils as it doesn’t rely on solvents or additional heat sources to do its work. Furthermore, its equipment costs more money; choosing this extraction technique shows a company is investing in quality.
  • Seek products made of organic, non-GMO hemp. Hemp plants are bioaccumulators; that is, they absorb every substance present in their environment. When grown under ideal conditions in fertile soil and natural sunlight, hemp produces clean CBD-rich flowers that make for easy extraction.
  • Full-spectrum CBD products offer more benefits than CBD isolate products. Full spectrum means the product was made by using all parts of the hemp plant, thus including not just CBD but also cannabinoids, terpenes and flavonoids that enhance efficacy as compared to isolate-based products. If your workplace doesn’t test for THC then full spectrum products could provide superior results than isolate-based ones.
  • Avoid companies making exaggerated claims about CBD oil. While CBD can be an invaluable health supplement, it won’t work overnight to improve your health or cure serious diseases like cancer. If a company makes extravagant claims about their product as being the answer to everything, look elsewhere for your solution.

Challenges and Future Outlook

Is CBD Legal in Wisconsin

While CBD is legal in Wisconsin, there are still uncertainties and challenges in the industry. Regulatory frameworks and product standards may evolve over time. It’s crucial for consumers and industry stakeholders to stay informed and updated on the latest developments in CBD laws and regulations.


In Wisconsin, CBD is legal when derived from industrial hemp and contains less than 0.3% THC. The state’s regulatory framework, in alignment with federal laws, ensures that consumers can access CBD products safely and legally. However, it’s essential to remain vigilant, understand the laws, and choose reputable sources when incorporating CBD into your wellness routine. As the CBD industry continues to grow, staying informed will be key to a positive and legal CBD experience in Wisconsin.



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