Sometimes CBD laws can seem particularly complicated or confusing. In 2018, the Farm Bill legalized hemp with a maximum of 0.3% THC, but not CBD or any cannabinoids.
Although purchasing hemp-derived CBD is federally legal, state laws often cause confusion.
Even though purchasing hemp-derived CBD is federally legal, regulation can vary at the state level. In some states, specific legislation permits the cannabinoid’s use. Yet, there is often confusion. For example, it took several years for CBD oil in Wisconsin to become legal for all adults.
This guide focuses on the legality of CBD oil in Wisconsin and where you can purchase it. We also look into the penalties associated with the illegal use of marijuana.
Is CBD Oil Legal in Wisconsin?
Yes. Wisconsin Act 68, signed into law in November 2019, allows the cultivation, processing, sale, and use of hemp-derived products, including CBD oil, with a maximum THC content of 0.3%.
Therefore, one can now purchase hemp-derived CBD in Wisconsin without a doctor’s recommendation. It came after several years of confusion, beginning with the passing of Wisconsin Act 267 into law in April 2014, which legalized CBD for seizure disorders.
This legislation received the nickname ‘Lydia’s Law’ in honor of a young girl with severe epilepsy. Her parents had appealed for CBD legalization in the state as they believed the cannabinoid could help their daughter.
It was primarily a symbolic bill, however. Lydia’s Law stated that only CBD oil with FDA approval was permitted. At that time, no drug containing CBD had received any approval. As a consequence, doctors in Wisconsin couldn’t prescribe the cannabinoid.
Finally, in February 2017, Wisconsin lawmakers passed Senate Bill 10. It amended Lydia’s Law and allowed access to CBD oil. However, it only allowed the use of the cannabinoid if certified for medical use by a doctor.
New legislation seemed to ensure CBD became legal in the Badger State within weeks. Assembly Bill 49, a partner bill of SB 10, was passed in March 2017. It further reduced the restrictions on cannabinoids in Wisconsin.
After over two more years of complexity, Governor Evers finally signed Wisconsin Act 68 into law, ending concerns about CBD’s legality in the state.
Do You Need a Doctor’s Prescription to Buy CBD Oil in Wisconsin?
Until November 2019, the best way to avoid legal issues was to get a doctor’s recommendation when using cannabidiol.
However, physicians aren’t strictly permitted to prescribe CBD. Instead, they can ‘recommend’ it. Doctors can only prescribe FDA-approved products, and at present, Epidiolex is the only drug containing CBD that falls into this category.
Even if you could get a recommendation from a doctor to buy CBD oil in Wisconsin, there was no system in place for physicians to obtain and dispense the products. Fortunately, Wisconsin Act 68 has ended the need for a doctor’s recommendation to buy CBD.
How Old Do You Have to be to Buy CBD in Wisconsin?
You must be at least 18 years of age to purchase CBD oil in Wisconsin. It is against the law for any seller to allow a minor to buy cannabidiol products. If you visit a physical store, expect the staff member to ask you for ID.
Where to Buy CBD Oil in Wisconsin
There is a huge array of physical stores dedicated to the sale of CBD. You might also find major retailers such as Walgreens stocking the cannabinoid. Many gas stations likely sell CBD in Wisconsin, though we don’t recommend such products. Here are five highly-rated stores in the state that sell CBD oil.
Name of Store
Kennedy Place, 2045 Atwood Ave # 113, Madison, WI 53704, United States
3174 S 27th St, Milwaukee, WI 53215, United States
2652 N Packerland Dr #B, Green Bay, WI 54303, United States
2609 E Johnson St, Madison, WI 53704, United States
Urban Vape & CBD
3473 N Oakland Ave Ste 101, Milwaukee, WI 53211, United States
Alternatively, you can purchase it online from one of the following top-rated brands:
Ensure that whatever you buy has full third-party lab reports proving that the product contains a maximum of 0.3% THC.
When buying CBD oil, take note of the following before making a purchase:
- CBD content per serving
- Suggested use
- Name of the manufacturer
- Name of the lab that tested the product
- Whether it is full-spectrum, broad-spectrum, or isolate
Marijuana Penalties in Wisconsin
At present, there is no means of purchasing marijuana legally in Wisconsin. Therefore, CBD oil is your only method of benefiting from the Cannabis Sativa L. plant.
The state has remained resolutely anti-marijuana since 1939, with all legalization efforts defeated. However, a 2018 referendum showed clear support for eliminating cannabis prohibition in the state. Two cities and 16 counties voted in favor of legalizing recreational and medical marijuana.
A Marquette Poll in 2019 found that 59% of Wisconsin residents favor adult-use cannabis.
In Wisconsin, a first marijuana offense is immediately classified as a misdemeanor. You could receive six months in prison and a $1,000 fine for possessing a small amount of marijuana. A second offense is a felony, and you could receive up to 3.5 years in prison, along with a fine of $10,000.
The sale of any amount of marijuana is also a felony, as is the cultivation of one plant. If caught selling over 200 grams or growing five or more plants, the possible prison term increases to six years.
Exceptions to these rules include Madison and Milwaukee. In Madison, Ordinance 23.30 allows residents to possess up to 28 grams of marijuana in their houses. In Milwaukee, you can store up to 25 grams in your home.
There is a bill in place that would decriminalize the possession of up to 14 grams of marijuana in Wisconsin. However, it faces plenty of legislative obstacles.
Final Thoughts on CBD Oil in Wisconsin
Wisconsin was yet another state that failed to clarify its rules surrounding CBD oil for a long time. However, Wisconsin Act 68 legalized hemp cultivation and the purchase, sale, and use of low-THC products derived from it.
It is easy for Wisconsin residents to purchase CBD. If you want to try out the cannabinoid, stick with a reputable seller, and ensure the THC content is no higher than 0.3%.