Key Takeaways:

  • CBD Legal Status in Wisconsin: Hemp-derived CBD with less than 0.3% THC is legal in Wisconsin under state and federal law.
  • Types of Legal CBD Products: Wisconsin residents can purchase CBD oils, edibles, topicals, and more, as long as products meet state regulations.
  • Future Legislation on CBD: Wisconsin may see further legislative changes as public opinion shifts toward broader cannabis reform.

With the rapid rise of CBD products across the country, it’s easy to feel overwhelmed by conflicting information and unclear regulations. In Wisconsin, as in many states, CBD laws have shifted significantly over recent years, leaving consumers unsure about what’s allowed.


At BATCH, we’re not just a wellness company; we’re a team of experts dedicated to providing the highest quality CBD products on the market. As a trusted name in the CBD industry, we pride ourselves on transparency, rigorous testing, and a commitment to consumer education. Our expertise positions us as a leader in helping you navigate the ins and outs of CBD, including the legal landscape.


In this article, we’ll clear up any confusion about CBD’s legal status in Wisconsin. Whether you’re new to CBD or a seasoned user, we’re here to help you understand Wisconsin’s CBD laws and regulations, so you can make informed choices about your wellness journey.


Understanding CBD Laws In The United States

CBD’s legal status in the United States can be complex and varies from state to state. In 2018, the federal government passed the Farm Bill, which legalized hemp-derived CBD products that contain less than 0.3% THC. This legislation removed hemp from the Controlled Substances Act, making it legal to cultivate, process, and sell hemp and hemp-derived products across the country.

However, while the Farm Bill legalized hemp on a federal level, states have the authority to establish their own regulations regarding CBD. Some states align directly with federal guidelines, while others have additional restrictions or requirements for CBD products. This patchwork of state laws can create confusion, especially for those trying to navigate the laws on CBD in their state.



Is CBD Legal In Wisconsin?

Yes, CBD is legal in Wisconsin, but there are specific guidelines and regulations that govern its sale and use. Wisconsin law allows the purchase and possession of CBD derived from hemp, as long as it contains less than 0.3% THC. This aligns with federal regulations set forth by the 2018 Farm Bill.


In Wisconsin, CBD can be legally bought and sold, but the state requires that it be derived from industrial hemp and meet the THC threshold. However, the laws were not always this clear. Before the federal legalization, Wisconsin passed its own law, known as Senate Bill 10, in 2017, which permitted the use of CBD oil for medical purposes with a doctor’s certification. This legislation was primarily aimed at providing relief for patients with seizure disorders, but it laid the groundwork for broader acceptance of CBD in the state.


Today, Wisconsin residents can access CBD products without a prescription as long as they comply with state and federal regulations.


Types Of CBD Products Allowed In Wisconsin

In Wisconsin, a variety of CBD products are legally available for purchase, provided they are derived from hemp and contain less than 0.3% THC. Some of the most popular types of CBD products include:

  • CBD Oils and Tinctures: These are commonly used for their versatility. They can be taken sublingually (under the tongue) for faster absorption or added to foods and beverages.
  • Edibles: CBD-infused edibles, such as gummies, chocolates, and beverages, offer a convenient and tasty way to consume CBD. These products are popular because they come in pre-measured doses, making them easy to use.
  • Capsules and Softgels: CBD capsules provide a consistent dose and are easy to incorporate into a daily supplement routine.
  • Topicals: Creams, balms, and lotions infused with CBD are often used for localized relief, particularly for issues related to joint pain, muscle soreness, or skin conditions.
  • Vapes: CBD vape products are inhaled, providing a quick way for the body to absorb CBD. However, it's important to note that there may be additional regulations surrounding vaping products, particularly for minors.

In Wisconsin, all these products are legally accessible as long as they meet state and federal requirements. Retailers are responsible for ensuring that their products comply with THC limits and other regulations to ensure consumer safety.


Restrictions And Regulations For CBD In Wisconsin

While CBD is legal in Wisconsin, there are specific restrictions and regulations that both consumers and retailers must follow:


THC Content

In accordance with federal law, CBD products in Wisconsin must contain no more than 0.3% THC. Products that exceed this THC threshold are classified as marijuana under Wisconsin law and are illegal for general possession or sale. This strict regulation ensures that legal CBD products are non-psychoactive and do not produce the “high” associated with marijuana, keeping them safe for general consumer use.


Labeling And Testing Requirements

CBD products sold in Wisconsin must adhere to stringent labeling and testing guidelines to ensure consumer safety. Labels should accurately indicate the CBD and THC concentrations, as well as the presence of any additional ingredients. Moreover, products should include a Certificate of Analysis (COA) from a third-party lab to verify their content and confirm that they meet legal requirements. This level of transparency helps consumers make informed choices and protects them from mislabeled or contaminated products.


Age Restrictions

Although Wisconsin does not mandate a specific legal age for CBD purchases, many retailers enforce their own policies, often restricting sales to customers who are 18 or 21 years old, especially for products like CBD vapes. This helps prevent minors from accessing certain CBD products that may be seen as more appealing or potentially harmful. Retailers may also require proof of age to comply with their policies, even though there is no statewide legal mandate on the minimum age.


Product Safety

Wisconsin law mandates that hemp used in CBD products be sourced from licensed farmers and that products are rigorously tested for contaminants. This includes checks for pesticides, heavy metals, and solvents, which could pose health risks if present in high quantities. These safety regulations are in place to ensure that all CBD products sold in the state meet high standards for quality and purity, providing consumers with a product they can trust.


No Medical Claims

To protect consumers and maintain regulatory compliance, retailers and manufacturers are prohibited from making medical claims about CBD’s potential effects on health conditions. This restriction stems from the fact that the FDA has not approved CBD as a treatment for any medical condition, apart from specific cases such as epilepsy with prescription medications like Epidiolex. Therefore, consumers should be wary of any product that advertises CBD as a cure or treatment for specific ailments, as this could indicate a violation of federal regulations.


Where To Buy CBD In Wisconsin

CBD products are widely available across Wisconsin, offering consumers multiple options for purchase. Here are some of the most common places to find CBD in the state:


Retail Stores

Many health and wellness stores, pharmacies, and specialty CBD shops carry a range of products, including oils, edibles, and topicals. These stores often have knowledgeable staff who can answer questions about different products, dosages, and methods of use, helping customers find the right product for their individual needs. Additionally, purchasing from a physical store allows customers to see products firsthand and verify labels for important information, such as CBD concentration and third-party lab results.


Dispensaries

Although Wisconsin does not have legal dispensaries for marijuana, certain wellness dispensaries and hemp-focused stores offer hemp-derived CBD products. These establishments typically focus on providing products that promote wellness and relaxation, such as tinctures and topicals designed for pain relief and stress management. While these dispensaries do not sell marijuana, they often have a range of high-quality CBD products tailored to those seeking natural alternatives for health and wellness.


Online Retailers

Buying CBD online is a convenient option, especially for those who prefer to research products at their own pace. Many reputable CBD companies sell directly through their websites and offer detailed product descriptions, customer reviews, and lab test results. When purchasing online, it’s important to ensure that the seller provides third-party lab results to verify product quality and compliance.


Farmers Markets And Local Events

Wisconsin has a thriving local agriculture scene, and some farmers who cultivate hemp may sell CBD products directly at farmers markets or local events. These vendors often produce small-batch, locally sourced products that appeal to those interested in supporting Wisconsin-based businesses.


Future Of CBD Legislation In Wisconsin

The laws surrounding CBD in Wisconsin continues to change, and there are indications that further changes could be on the horizon. While hemp-derived CBD is legal under both state and federal law, discussions about broader cannabis reform are ongoing in Wisconsin.


Medical Marijuana Legislation

Wisconsin remains one of the few states without a formal medical marijuana program. However, there is increasing public support for medicinal cannabis, and some legislators have introduced bills to legalize it. If these efforts succeed, it could open up new avenues for CBD products with higher THC content for medicinal use.


Potential For Recreational Marijuana

Though recreational marijuana is currently illegal in Wisconsin, there is ongoing debate about its legalization. Neighboring states like Illinois and Michigan have legalized recreational cannabis, which has added pressure on Wisconsin lawmakers to reconsider their stance. Any move toward legalization could impact CBD laws, potentially allowing for a wider variety of products and greater accessibility.


Hemp Farming And Industry Growth

As the demand for CBD products continues to rise, Wisconsin’s hemp farming industry is expanding. Future legislation may focus on supporting this industry, perhaps by simplifying licensing processes or offering incentives to local farmers. This could lead to an increase in locally produced CBD products and contribute to Wisconsin’s economy.



Final Thoughts

The legality of CBD in Wisconsin aligns with federal regulations, making hemp-derived CBD products containing less than 0.3% THC readily accessible to residents. This legal framework has made it possible for consumers to explore CBD for various wellness purposes, whether it be through oils, edibles, or topicals.


However, as with any rapidly growing industry, it’s crucial for consumers to stay informed about the latest regulations and best practices. Checking for third-party lab results, understanding THC content limits, and being aware of potential legal changes are all important steps to ensure safe and responsible use of CBD.


As Wisconsin continues to discuss broader cannabis reform, we may see changes that could further impact the availability and diversity of CBD products in the state. For now, CBD remains a popular and legally accessible option for those seeking natural wellness alternatives.


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Frequently Asked Questions About The Legality Of CBD In Wisconsin

Can I use CBD products in public in Wisconsin?

Yes, you can legally use CBD products in public in Wisconsin, as long as they comply with state laws regarding THC content. However, be mindful of vaping restrictions, which may apply in certain public areas.


Can I drive after taking CBD in Wisconsin?

Yes, you can legally drive after taking CBD as long as it does not impair your ability to operate a vehicle. Since CBD is non-psychoactive, it generally does not affect motor skills, but be cautious with dosage and individual reactions.


Are there any penalties for using CBD with THC over 0.3% in Wisconsin?

Yes, possessing CBD products with more than 0.3% THC is considered illegal marijuana possession in Wisconsin and may result in fines or criminal charges.


Is it legal to grow hemp for personal use in Wisconsin?

No, individuals cannot grow hemp for personal use in Wisconsin. Only licensed farmers are allowed to cultivate hemp under the state’s industrial hemp program.


Are there any CBD product types that are illegal in Wisconsin?

As long as they comply with THC limits and labeling regulations, all forms of hemp-derived CBD are legal in Wisconsin, including oils, edibles, topicals, and vapes.


Can CBD products be mailed to Wisconsin?

Yes, hemp-derived CBD products that comply with federal and state laws can be legally shipped to Wisconsin through the mail.


Do CBD products show up on drug tests in Wisconsin?

CBD itself is unlikely to appear on drug tests, but if a product contains trace amounts of THC, it may lead to a positive test result. Always choose products verified to contain 0.3% THC or less.


Does Wisconsin tax CBD products?

Yes, Wisconsin imposes a general sales tax on CBD products, similar to other consumer goods. Additional taxes may apply to certain products, such as vape cartridges.


Can I sell CBD products in Wisconsin without a license?

Retailers do not need a special license to sell CBD in Wisconsin, but they must adhere to state and federal regulations regarding labeling, testing, and product content.


Sources:

  1. Mead, A. (2017). The legal status of cannabis (marijuana) and cannabidiol (CBD) under US law. Epilepsy & Behavior, 70, 288-291.
  2. Brunetti, P., Faro, A. F. L., Pirani, F., Berretta, P., Pacifici, R., Pichini, S., & Busardò, F. P. (2020). Pharmacology and legal status of cannabidiol. Annali dell'Istituto Superiore di Sanità, 56(3), 285-291.
  3. Carliner, H., Brown, Q. L., Sarvet, A. L., & Hasin, D. S. (2017). Cannabis use, attitudes, and legal status in the US: A review. Preventive medicine, 104, 13-23.
October 08, 2024 — Griffin Lynch

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