The legal status of CBD oil in the State of Wisconsin is a tad bit confusing. Found in both marijuana and industrial hemp, the legal status of cannabidiol, more commonly referred to as CBD is confusing for a variety of reasons. These reasons include the legal status of industrial hemp in comparison to marijuana, the amount of other cannabinoids present in the CBD product, and conflicting positions from government officials and agencies within Wisconsin.
Marijuana is presently illegal in Wisconsin as well as under federal law. Industrial hemp on the other hand was at one time a major crop produced in the state until its prohibition. In November of 2017, Wisconsin State Governor, Scott Walker, signed into law the legalization of industrial hemp that contained less than 0.3% THC. The following year, President Trump singed the Farm Bill of 2018 which legalized the growing of hemp which contained less than 0.3% THC as it removed hemp from being classified as a Schedule I controlled substance. From a legal standpoint, hemp is legal federally and on the state level within Wisconsin so long as the THC content is less than 0.3%. Hemp with THC content greater than the 0.3% threshold is legally classified as marijuana and illegal both federally and in Wisconsin.
Laws Regarding CBD Oil in Wisconsin
2013 Wisconsin Act 267 (2013 Assembly Bill 726) was enacted in April of 2014 and authorized the dispensing of CBD for the treatment of seizure disorders. Wisconsin Act 267 provided that CDB was not THC. This was an important distinction in the path of legalization. Under the law, physicians and pharmacies were permitted to dispense CBD in a form without psychoactive effects for the treatment of seizures or to provide individuals with a hard copy letter or other official document that stated the individual possesses CBD to treat a seizure disorder so long as the CBD was without a psychoactive effect.
2017 Wisconsin Act 4 (2017 Senate Bill 10) modified the previous law. The law changed the seizure and hard copy or other documentation requirements for CBD. CBD could now be possessed by individuals if the CBD was in a form without a psychoactive effect if: (1) the individual has certification that it is possessed to treat a medical condition; (2) the certification is no more than a year old; and (3) any expiration date provided by the physician has not passed. The hard copy or other documentation was changed to require physician, licensed by the state medical board, to issue a certification for an individual to possess CBD if it was without s psychoactive effect. Wisconsin Act 4 also expanded the ability of physicians and pharmacies to dispense CBD as it replaced the treatment of seizure requirement with treatment for a medical condition.
The confusion from State agencies started a year after the passage of Wisconsin Act 4. In April of 2018, the Department of Justice in Wisconsin issued a memorandum stating the possession and distribution of CBD oil in Wisconsin was illegal. This appeared to be contrary to Wisconsin’s state law as well as federal law. Within a week, the State Attorney General, Brad Schimel, contradicted the Department of Justice. In the midst of all the confusion, it does however appear that the possession and distribution of CBD oil is legal within Wisconsin under certain circumstances per the actual statutory text. It also appears that the growing of industrial hemp is legal so long as the THC content does not exceed 0.3%.
The Benefits of Using CBD Oil
Cannabinoids have long been recognized to have the potential to treat or mitigate a variety of medical issues. In particular, CBD has been found to be extremely helpful in regard to pain management. The initial law which legalized the use of CBD in Wisconsin focused on the treatment of seizures. The use of CBD has been shown to reduce the frequency of seizures in adults and children.
In people with multiple sclerosis (MS) CBD has been shown in some research to assist in mitigating pain, muscle-tightness, and urination frequency. Use of CBD for six weeks is believed to potentially reduce involuntary muscle contractions cause by 20-50%. Early research indicates that CBD improves sleep time in individuals who suffer from insomnia.
Research also suggests that CBD is effective in reducing issues with certain forms of anxiety. CBD is also becoming a more popular treatment for Crohn’s disease. CBD is additionally recognized as helping individuals withdraw from the usage of opioids.
Where to Buy CBD Oil in Wisconsin
CBD oil products can be purchased from a variety of retail locations. Retail stores such as pharmacies, natural food stores, and smoke and vape shops are a few places where CBD oil products can be purchased.
Wisconsin CBD Production and Usage
Following the legalization of industrial hemp in 2017, more than 300 farmers switched to cultivating hemp within a few months of the change in legal status. A moderately sized CBD business is estimated to be able to take in $50,000 per month. The crop is harvested for its stalks and seeds. In growing hemp, one must consider for what purpose the plant is being grown and then select the strain that is best suited for that purpose. It is suggested that for the purpose of CBD extraction an American grown strain be used because they can have up to 20% CBD while most European strains are believed to contain no more than 5%.
The production of hemp also is climate dependent. Because farmers look to make the most money with the lowest costs, indoor hemp growing is not suitable for industrial hemp on an industrial scale. It is recommended that hemp seed be planted when the soil temperature is at least 46 degrees Fahrenheit. It is suggested that the hemp be grown in a mild climate with a humid atmosphere with 25-30 inches of rain per year.
Hemp plants should be grown in soil that has a pH of 7.0 to 7.5. The soil should have good drainage as hemp plants are susceptible to both flooding and soil compaction. Contrary to the spacing that takes place in the growing of marijuana plants, hemp plants can have 240 to 400 viable seeds planed per square meter. Per acre, this can result in 50-60 pounds.
Because the cost of starting a hemp production business is high, CBD should not be expected to be bought cheap. A gram of CBD oil can normally cost in excess of $130. Inexpensive CBD may be the result of low-grade product. A purchaser should make sure the CBD comes from industrial hemp. Supercritical CO2 extraction is also preferred.
Hemp production requires a lot of nutrients. Per acre, it is recommended that that hemp plants receive 80-100 pounds of Nitrogen, 35-50 pounds of Phosphate, and 52-70 pounds of Potassium.
Usage varies from person to person. It is recommended that the amount used be placed under your tongue for 30 to 60 seconds. The amount to be used will vary dependent on factors such as the medical reason for usage, size of the person using, and overall health. It is imperative that when looking for a retailer that sells CBD in Wisconsin that you make sure they are licensed.
The Present Status of CBD Oil in Wisconsin
Although the waters have been muddied by conflicting information provided by the Department of Justice in Wisconsin, it appears that the purchase and sale of CBD in Wisconsin is legal so long as it meets the specific criterion of containing less than 0.3% CBD, has no psychoactive effect, and comes from industrial hemp.
Persons seeking to purchase CBD must have a certificate from a physician stating that the CBD is for the treatment of a medical condition, the certificate is less than a year old, and the expiration date on the certificate has not passed. It is important to remember that although that while CBD is legal in Wisconsin and on the federal level, other states may still have bans on the possession of CBD regardless of the amount of THC contained within the product.