CBD Oil in Wisconsin – It's Not Simply Legal

Cannabidiol, or CBD oil, is increasingly available in stores across the state of Wisconsin.

Under federal law, CBD oil is an industrial hemp product, and it is legal to possess and distribute.

However, because CBD oil contains a detectable quantity of tetrahydrocannabinol or THC, it is still illegal to possess in Wisconsin unless you have a certification from a physician pursuant to Wisconsin statute 961.32(2m)(b).

Possession of CBD oil without a certification could be prosecuted as a misdemeanor criminal offense. Delivery or supplying of CBD oil to individuals who do not have a certification could be prosecuted as a felony offense.

So why is CBD oil being sold all over Wisconsin? Because cannabidiol’s legal status conflicts with Wisconsin’s industrial hemp law. As a result, the Wisconsin Attorney General has advised Wisconsin law enforcement not to enforce the law as written.

Still, because it is illegal in Wisconsin, it is advised that if you use or distribute CBD oil that you have (or your customers have) a clinician’s certification or prescription to avoid possible criminal charges.

Updated November 13, 2018