CBD, an active compound found in the hemp plant known as anti-pain oil. It is available in various forms like lotions, sprays, capsules, edibles, balms, and vapes . Unlike THC, the other cannabinoid chemical found in the marijuana plant, CBD cannot get you high since it produces intoxication or euphoria. CBD oil was legalized in Wisconsin in 2014, but it’s under tight controls as it is only allowed for treating a limited number of medical conditions.
Clash Over Legality of CBD Oil in Winsconin
Wisconsin was known to be a great producer of industrial hemp from 1908 until 1958 when the last legal producer closed operations following the World Wars. A 2017 law signed by Governor Scott Walker re-opened Wisconsin for industrial hemp farming. When debating over the bill, it was made clear to law makers and the Department of Justice (DOJ) that farmers would be growing industrial hemp to produce CBD oil.
However, Wisconsin’s Department of Justice (DOJ) issued a memo in April 27 claiming that it is illegal to possess or sell CBD oil even if it had only small amounts of THC as this could result in prison time or a fine of up to $200.
The confusion on whether CBD was legal in Wisconsin led the State District Attorney Brad Schimel to clarify that products containing industrial hemp (with under 0.3% THC) are legal in Wisconsin. This reversal statement, which was made a few days later, made matters more confusing to consumers, hemp farmers, store owners, prosecutors and law enforcers regarding legality of CBD in Wisconsin.
Schimel went ahead to say that law enforcing agents should recognize the state’s protection and not take enforcement against products containing industrial hemp like CBD until the law is changed by the Congress. He argues that the industrial hemp is grown under lawful hemp research pilot program.
Wisconsin Industrial Hemp Program
The Wisconsin industrial hemp program gives consent to Wisconsin farmers to farm and sell hemp, provided that they have the necessary permit. The farmers also need to abide by the Wisconsin Department of Agriculture, Trade and Consumer Protection requirements. This, therefore, means that hemp products made under this program are lawful.
Schimel also made clear that farmers who choose to take part in the pilot program are exempted from criminal prosecution.
Outlets Get Reaffirmed of Product Legality by CBD Distributors
After Attorney General Schimel clarified the issue, the local law enforcement officials were now able to determine which products were legal and which were harmful to consumers. According to District Attorney Tricia Hanson, convenient stores and liquor stores are now selling CBD Oil and Gummy Bears.
She went ahead to say that CBD oil is in sale in most outlets since they have been advised by the CBD manufacturers that the products are legal to posses and distribute under the Wisconsin industrial hemp regulations.
Law enforcements have also been advised to make contact with the store owners and find out if the products are being sold lawfully. Outlets selling CBD products unlawfully will undergo a thorough search and all unlawful CBD products will be removed. This is especially true for products that contain THC, an illegal chemical in marijuana.
Possession and distribution of cannabis in Wisconsin is illegal, with the exemption of CBD oil, which is a non-psychoactive compound that does not cause a high. Many stores in Wisconsin have been advocating for its therapeutic benefits in both children and adults who suffer from seizures.