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is cbd legal in wisconsin

Is CBD Legal in Wisconsin

Quick Summary: Yes, CBD is legal in Wisconsin as long as it is derived from hemp and contains THC below 0.3%. After the age of 18, you can buy CBD gummies, capsules, oils, topicals, and inhalants, and after the age of 21, you can buy CBD inhalants as mentioned in Wisconsin Act 100.  

Stay tuned if you live in WI and want to know everything about CBD legality in Wisconsin. This article is specially crafted for you. 

This article will address all your queries, such as “ Is CBD Legal  In Wisconsin? “ How Much You Have To Be To Buy CBD In Wisconsin? “ “ What Products CBD Can You Buy In Wisconsin?” and many more things. 

So, read our master guide on CBD legality to avoid any trouble in the future. 

Yes, CBD is legal in Wisconsin, but under some conditions, such as:

  • CBD should be driven from hemp
  • THC should be less than 0.3%
  • Buyer should be more than 18 y/o

CBD Laws In Wisconsin In 2024

Before we discuss Wisconsin CBD Oil laws let’s discuss two terms: Industrial hemp, and marijuana. 

  • Industrial hemp is derived from a cannabis sativa plant. Most of the components in the industrial hemp are cannabis but few traces of THC are also present in it. Hemp-driven CBD products should contain a THC level of 0.3% or less. 
  • Marijuana is also derived from the cannabis plant but has a THC level of more than 0.3%. 

Cannabis Laws In Wisconsin 

  • Whether you want to consume marijuana products for medical or recreational use if you live in Wisconsin you have to understand that Wisconsin is one the few states in the USA that does not allow the possession, selling, distribution, and cultivation of marijuana products. 
  • In Wisconsin, only people with certain medical conditions can legally use marijuana. To do so, they need a doctor’s prescription. However, the prescription must be for a non-psychoactive form of marijuana, meaning it won’t have the typical “high” effect. Wisconsin’s law doesn’t specify a specific limit for the amount of THC (the psychoactive compound in marijuana), but it does require the marijuana to be in a form without a psychoactive effect.
  • In 2017 Wisconsin passed a bill that started a pilot program. This bill allows the cultivation, processing, distribution, selling, and consumption of industrial hemp. 

Some other important things that you need  to know about the legality of CBD products in Wisconsin are:

  • US Agricultural Act of 2014 – This law allows states to start the pilot program about industrial hemp.
  • 2017 Wisconsin Act 100 – In 2017 Wisconsin began its industrial hemp pilot program. In this program they allowed cultivation of hemp but only for research purposes. 
  • 2017 Wisconsin Act 4 – Wisconsin passed its Farm Bill and “low THC law” in the same year, which is the closest regulation to medical marijuana legalization in the state. However, the products prescribed under this law must not contain psychoactive THC, meaning they do not produce a high or intoxicating effect.

CBD Legality In Wisconsin

The 2018 Farm Bill led to significant changes in Wisconsin cannabis laws. In 2019, Senate Bill 1020, known as the “State Hemp Program,” went into effect and classified hemp as an agricultural commodity. 

This bill removed hemp from the criminal definition of cannabis as long as it contains 0.3% or less THC.

Additionally, smokable marijuana was legalized for certified medical patients. 

Can I Buy CBD In Wisconsin?

Yes, you can buy CBD products in Wisconsin as long as you are over 18, and for CBD inhalants, you must be over 21. Currently, no license is required for non-consumable CBD products like oils and topicals as long as they are packed in their original form. 

Can I Buy CBD Products Online?

Yes, you can buy CBD products online in Wisconsin. There are hundreds of online retail shops from which you can purchase CBD products as long as you are 18 years old. 

Can I Buy CBD At A Dispensary?

Yes, you can purchase cannabis products from a dispensary. These dispensaries contain Hemp Food Establishment Permits, which they can also show you upon request. Remember, if you want to purchase CBD vape or any other inhalant, you must be 21 y/o.  

CBD Products That You Can Buy In Wisconsin

Several CBD products are legal to sell in Wisconsin, such as:

  • CBD Oils
  • CBD Capsules 
  • CBD Gummies
  • CBD Topicals 
  • CBD + THC Products 

The Farm Bill 2018 And The Control Substance Act

There are two laws in the United States regarding CBD and hemp. Let’s discuss each law in detail to understand it better. 

Farm Bill 

The Agriculture Improvement Act of 2018 legalized the production and cultivation of industrial hemp. After that, the Farm Bill came, which also legalized hemp-derived CBD products with less than 0.3% THC. This law gave all the power to the states to make their own rules about CBD. 

As soon as the law was implemented, we saw a sudden surge in CBD products like lotions, capsules, tinctures, oils, and more. 

Controlled Substances Act 

At First, President Nixson had made it illegal to produce and sell marijuana in the United States but the Joe Biden government has now made it legal again. 

Now hundreds of marijuana products are available in the market that you can buy from your local dealer and dispensary. 

FDA Oversight

The Food and Drug Administration monitors all hemp-derived CBD products available for consumer consumption. If you are starting your CBD dispensary, then you must know that currently, only two CBD products have been approved by the FDA. 

  • Epidiolex
  • Epilepsy Medication

Remember that CBD products may contain different amounts of THC, and you must comply with legal regulations to avoid any penalties from the competitive authorities. In addition, there is a rule that each cannabis seller must follow: CBD sellers must mention their product on their packaging. This can be easily done with the help of custom CBD packaging and custom CBD labels. 

Difference Between Marijuana & Hemp

Understanding the difference between marijuana and hemp helps you to know if CBD is legal in your state or not. If you are a beginner in cannabis production, then you must understand that hemp and marijuana have different cannabinoid profiles. 

That is why both have a completely different effect on the human body. For your better understanding, let’s discuss hemp and marijuana in detail. 

Hemp

Hemp has only a few traces of THC like it contains less than 0.3% THC. A cannabis strain with 0.4% THC or above is classified as marijuana. 

After the farm bill that was released in 2018, 48 out of 50 states in the United States have legalized the cultivation and selling of cannabis products. 

Marijuana 

As previously mentioned, marijuana products have high levels of THC. If a substance contains 0.4% THC, it will have a high effect on its users, which is considered unsafe by authorities. 

It is not harmful, but authorities do not like it to be used for recreational purposes. However, you can still use marijuana in different states if you have a medical marijuana card. 

The federal law of the US allows their citizens to cultivate hemp and make CBD products. But, under two conditions: cannabis sellers must mention their product on their packaging CBD should be derived from hemp, and it must contain less than 0.3% THC. 

The federal government released a farm bill in 2018, which:

  • Removed hemp from the Controlled Substances Act
  • Legalize the production of hemp
  • Extended allowances for commercial hemp cultivation
  • Task FDA to monitor CBD products 

In addition, the Farm Bill 2018 also allows hemp extracts for industrial and commercial use, meaning CBD oil is legal because is derived from hemp extracts. However, people can still use marijuana which is also known as weed in some states, if they have a medical card. 

Now you want to know is CBD legal in Tennessee then we have a separate article on it that you also wanna check it out.

Under the Public Health Service Act and the Federal Food Drug and Cosmetic Act, the FDA regulates products containing cannabis and cannabis-derived compounds. 

In simple words, it means that the FDA has complete control over what CBD products can be made and sold. Currently, the FDA has only approved two compounds: epidiolex and epilepsy, which can be used as food drugs, cosmetics, dietary supplements like capulets or cannabis oils, and similar CBD products. 

Although the FDA is currently evaluating the safety of CBD, it is presently illegal to add CBD to food or sell CBD as a dietary supplement across state lines. This means:

  • CBD suppliers cannot sell dietary supplements or foods containing CBD across state lines.
  • It is legal to sell CBD supplements within the state where they were produced or in states that allow the sale of these products.
  • ‘Active hemp extract’ is legal in all 50 states.
  • The FDA does not regulate CBD products that are not advertised as supplements.

Although CBD is legal in Wisconsin what do you know about CBD legality status in Hawaii then we have a separate article on it that you also wanna check it out.

Full-spectrum CBD refers to the extraction of all compounds found naturally in the cannabis plant, including CBD, CBN, CBG, and even THC. For a product to be classified as full-spectrum CBD, it can contain up to 0.3% THC by weight, which is the legally allowed threshold for hemp-derived CBD products in the U.S.

However, while full-spectrum CBD is federally legal, its legality can differ from state to state. Some states have stricter regulations around THC products, even if they are within the federal limit of 0.3%. For example, Idaho has strict laws requiring CBD products to contain zero THC and be derived from specific parts of the cannabis plant, making most CBD products illegal in the state.

Therefore, it is crucial to check individual state laws if you are considering using or purchasing full-spectrum CBD products. 

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