Is CBD Oil in Wisconsin legal?
Is CBD oil legal in Wisconsin? Actually, CBD oil and other forms of medicinally valuable cannabis have been on a wild roller coaster ride for more than eight decades. And the past decade has been the wildest. But it looks like there’s a light at the end of the tunnel and the ride may soon be coming to and end with Wisconsinites having the legal right to possess and use all kinds of CBD oil and CBD-infused products such as edibles, vape pens, ointments, capsules, and more.
But wait. You might be thinking, “aren’t we past all this nonsense; isn’t CBD oil already legal in Wisconsin?” The answer is… that depends. It depends on what your definition of CBD oil, how it’s produced, how old you are, and so on and so forth.
In order to provide some clarity on the issue, we’ve created this entertaining Q&A to try to unpack everything you always wanted to know about the legality of CBD oil in Wisconsin but was afraid to ask. Until now.
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Wisconsin CBD FAQ
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Wisconsin CBD Oil FAQ
Q: Is CBD oil legal in Wisconsin?
Yes, actually. CBD oil is legal in Wisconsin. Next question.
Q: But doesn’t Wisconsin have a medical cannabis law which only allows the possession of CBD oil by patients suffering from seizure disorders such as epilepsy?
Why, yes. You are correct. Wisconsin does, indeed, have a medical cannabis law which allows epilepsy patients to possess and use CBD oil. As long as it doesn’t contain THC.
Q: What’s THC? What’s CBD, for that matter?
THC and CBD are two compounds found in cannabis which are part of a family of oily compounds known as cannabinoids. Both THC, aka delta-9 tetrahydrocannabinol, and CBD, or cannabidiol, are both found in marijuana. However that buzz you get from smoking marijuana can be blamed entirely on the THC. CBD is non-intoxicating. But it has powerful medicine benefits as does THC. CBD-rich oils can be extracted from hemp rather than marijuana. Hemp is a type of cannabis which has been bred to be essentially THC-free. And hemp farming is legal under Wisconsin law as long as the levels of THC are under 0.3% THC. And making CBD oil from hemp is also legal in Wisconsin, as is selling it. Marijuana is still illegal to grow, sell, or possess in Wis. no matter how sick you might be. You could be dying and you’d still be thrown in jail for using medical marijuana. But we digress.
Q: So, how can CBD oil be legal in Wisconsin if legislators had to pass a law to allow medical patients to use it?
Well, it’s complicated.
Q: I have time.
It’s lawmakers. They’re still tripping over themselves to figure this nonsense out.
Q: What’s to figure out? Isn’t CBD, like, totally non-toxic and non-addictive and good for treating something like 50 serious medical conditions? I don’t get it.
You see, dear reader, cannabis cultivation was made federally illegal way back in the 1930’s. Then around 1970 the federal government went all ballistic and declared marijuana — all cannabis for that matter, including hemp — to be a dangerous Schedule I controlled substance with no medicinal value and a high risk of addiction like cocaine and heroin (even though it’s actually safer than alcohol and cigarettes). Then they made growing or possessing hemp punishable by tossing your ass in federal prison and throwing away the key, so to speak. That was the start of the War on Drugs.
Q: But the War on Drugs was like a total disaster, wasn’t it?
It sill is in many places. Millions of lives have been ruined because of it, and it’s got us exactly nowhere. It’s only cost the country trillions of dollars in law enforcement costs and lost productivity, too. Even so, it’s still an uphill battle to convince people that their own government had been feeding them — let’s call them “untruths” — for a half-century to gain political power and to protect the lumber and cotton industry’s profits. But that’s a whole ‘nother story.
Q: So, what’s their problem? Don’t they see that it was all a bunch of bully duke?
Don’t they know that marijuana saves lives and that more than two-thirds of Americans think cannabis, and especially CBD oil, should be completely legal?
Lawmakers in Washington DC finally seem to be getting it through their thick skulls. They created a pilot hemp program which was included in the 2014 farm appropriations bill — but they didn’t legalize CBD oil. And then, four years later, in 2018, they fully legalized hemp nationwide (unless a state still wants to opt out). With the recent passage of the 2018 farm bill at the end of December the good people in Washington DC (they don’t really have thick skulls) also, thankfully, legalized CBD oil.
Q: If they made CBD oil legal then why are they putting “embargoes” on cafes across the country that were selling CBD coffee and CBD brownies?
Well, now, that’s because the FDA still hasn’t approved CBD as a product you can legally add to food. Making hemp extract that contains CBD is one thing. Concentrating and purifying the CBD and then adding it to foods is another. Just like willow bark extract is one thing, but pure salicylic acid (aka aspirin) is another. At least that’s what the FDA says. But some folks in Congress are pressing the FDA hard to get that solved. Unfortunately, the FDA says it may be well into 2020 by the time the brilliant minds there figure out what the rest of us already know. On the other hand, the FDA did approve a drug called Epidiolex for the treatment of Epilepsy which is essentially pure CBD. So they know. They’re just stuck in a bureaucratic bog of red tape.
Q: So what does all this mean for residents of the great state of Wisconsin?
Ok. Around the time of the first hemp bill in 2014, the Wisconsin legislature passed measures to allow the possession of CBD oil for medicinal use, but only by patients suffering from seizure disorders such as epilepsy, and who have gotten a note from their doctor. On the one hand, the fact that the legislature legalized medical CBD oil when the federal government still considered it taboo and would throw your ass in jail if they caught you with it, is pretty ballsy. On the other hand, why the legislature felt they had to take these extreme measures when anyone could buy CBD oil online and have it shipped to their home is beyond us. Hemp was made completely legal in Wisconsin in 2017, and CBD oil was pronounced legal about six months before the feds cracked. But, it took Wisconsin lawmakers three whole years of head scratching to figure out that hemp was already made kosher, so to speak, under the 2014 farm bill.
Q: Okay, so what was all the crying about at the Wisconsin Department of Justice back in May of 2018 about CBD oil still being illegal unless you had epilepsy?
Yeah. That was pretty crazy. Even though the state had already legalized hemp and CBD oil production they were claiming that CBD was illegal. Gotta love it when the DOJ doesn’t even know their own state’s laws.
Q: Okay, but what happened? People are still making and selling CBD oil in Wisconsin.
Well, hemp farmers, along with the entire rest of the state jumping down their necks probably helped them see the light. It wasn’t even a week before they had reversed their stance. But they had to hang on to at least a shred of respect, so they still reserved the right to walk into every store that sells hemp CBD oil and ask them if they’re selling it legally. SMH.
Q: Why are they so freaked out about CBD oil?
It’s because — marijuana. They can’t stop thinking about how marijuana causes people to become raving, murderous lunatics. And marijuana is cannabis. And hemp is cannabis. And what’s becoming of the world these days.
Q: You’re kidding. Right? I’ve never heard of anyone ever go ballistic after smoking a joint. Also never heard of anyone overdosing on CBD. Or pot for that matter. What gives?
Yeah, you could eat a pound of CBD and it probably wouldn’t do more than make you chill AF. But, seriously, that “Reefer Madness” business is still hard to shake even 80 years later. Marijuana is still completely illegal according to the feds and the state of Wisconsin. Remember, even their overwrought medical cannabis program didn’t allow people to use products with THC in them. So, I guess they’re just afraid that people will get away with sneaking some THC into their CBD oil and going mental, even though most educated people know that’s clearly not the case.
Q: Aren’t they talking about totally legalizing marijuana now in Wisconsin, anyway?
Yes, actually! And no. Just recently in mid-February, Governor Tony Evers called on lawmakers to stop the nonsense and decriminalize marijuana while making it legal for a range of medicinal purposes. However, if that does happen just make sure you’re not caught driving “under the influence” of marijuana or you could lose your license and maybe an arm and a leg to pay for legal costs and fines. And don’t use it if you have to take a drug test for work. Also, keep in mind that some people call the oils made from marijuana CBD oil if they’re high in CBD, but those products still contain THC and fall under marijuana laws. Someday soon possession of small amounts of marijuana may get you a slap on the wrist and a $200 ticket. Make sure you keep tabs on the state’s marijuana laws (link below) and know what you’re getting yourself into.
Q: Why not just make it legal for all adults? That’s what the people want.
As utterly preposterous as the idea of making marijuana legal sounds, ten states have already legalized pot for adult recreational use, like California, Massachusetts, Colorado, Vermont, Nevada, etc. And, by the time you read this, others may have already done so as well — New Jersey, Illinois, New Hampshire and some others. And another two dozen or so have legalized medical marijuana. Moreover, study after study after study has shown that marijuana is far less damaging to an individual’s health and to society as a whole than are alcohol and cigarettes. Let’s face it. We all know people are going to buy marijuana anyway. Why not put that money back into the state’s economy rather than in the pockets of illegal drug cartels? Right?
Q: Preach it! So, what’s all the fuss about anyway? Why do people want CBD oil? What is CBD actually good for? Don’t you need the THC for it to work?
Actually, not in many cases. Although some cases might benefit from having THC in the formula, particularly in cases involving things like involuntary muscle movement and certain cases of depression, it’s not required in all cases to provide substantial relief. Some of the most common reasons that people use CBD oil include anxiety, chronic pain, epilepsy, ADHD, autism, MS, ALS, Crohn’s disease, Parkinson’s disease, cancer, HIV/AIDS, sleep issues, stress, and just generally being in a cranky mood all the time.
Q: There are ways to get CBD other than via CBD oil, right? Like my friend uses a vape pen.
Yes. A lot of people have sudden onset anxiety issues like CBD vape pens because they take effect pretty much instantly. And people with stomach and intestinal issues prefer to use CBD-infused edibles and capsules since they deliver the CBD to the source of the problem. And CBD salves are used for skin conditions. And CBD sports rubs are available for tackling muscle and joint pain. There are also beverages, patches, dabs, and even CBD tampons and suppositories.
Q: Okay… So CBD is legal in Wisconsin and it can probably help me. Now, where can I get some CBD oil myself so I can check it out?
There are plenty of shops around the state of Wisconsin that are selling CBD oil and some of these other CBD products, including products for pets. CBD shops are especially prevalent in the larger cities in the state such as Milwaukee, Madison, Green Bay, and Kenosha.
If you don’t want to leave the comfort of your own home and risk being browbeaten by drug enforcement agents you can buy all ilk of CBD products online and have them delivered right to your door.
If you’ve got a serious medical condition and you’re considering using CBD oil to treat it, it’s a good idea to speak to a certified medical marijuana doc.
And, don’t forget, CBD for pets is also available!
Where to Buy CBD Online
- CBD Oil in Wisconsin – It’s Not Simply Legal
- The future of CBD and Marijuana in Wisconsin
- Tony Evers says marijuana decriminalization plan targets racial disparities; Assembly speaker opposed
- Wisconsin Cannabis Laws
- Wisconsin Medical Marijuana Laws and Regulations
- Recommending Cannabis in Wisconsin
- Wisconsin 2018 CBD Law, Explained
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