The sale and possession of CBD oil is a frequent question we get at the library. We've included several sources below to help you with your research.
Wisconsin statute index listings for "hemp" and "cannabidiol":
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Wisconsin sources
Update 12/2019:
Regulating Wisconsin's hemp industry, Wisconsin Legislative Reference Bureau (August 2019)
2018 Farm Bill provisions related to hemp, Wisconsin Legislative Council (October 2019)
Pending hemp legislation 2019
(Update 1/7/2019 See Who can sell CBD oil in Wisconsin?, Wisconsin State Journal, December 24, 2018)
The WI Dept. of Agriculture, Trade, and Consumer Protection has information on the industrial hemp program on their Wisconsin DATCP Industrial Hemp Research Pilot Program website. This page includes FAQs and other information.
Wisconsin statute 961.38 discusses cannabidiol. Read Wisconsin Legislative Council Act Memo: Possession of Cannabidoil (CBD) which affected possession and distribution of CBD and the act memo for 2017 Wisconsin Act 100 which relates to industrial hemp.
Regulating Wisconsin's hemp industry, Wisconsin Legislative Reference Bureau (August 2019)
2018 Farm Bill provisions related to hemp, Wisconsin Legislative Council (October 2019)
Pending hemp legislation 2019
(Update 1/7/2019 See Who can sell CBD oil in Wisconsin?, Wisconsin State Journal, December 24, 2018)
The WI Dept. of Agriculture, Trade, and Consumer Protection has information on the industrial hemp program on their Wisconsin DATCP Industrial Hemp Research Pilot Program website. This page includes FAQs and other information.
Wisconsin statute 961.38 discusses cannabidiol. Read Wisconsin Legislative Council Act Memo: Possession of Cannabidoil (CBD) which affected possession and distribution of CBD and the act memo for 2017 Wisconsin Act 100 which relates to industrial hemp.
Wisconsin statute index listings for "hemp" and "cannabidiol":
- Agriculture & farming, industrial hemp
- Controlled substances, industrial hemp
- Controlled substances, marijuana, cannabidiols, and synthetic cannabis
- Industrial: Hemp
- Pharmacy, prescriptions, regulation; cannabidiols for seizure disorders
The Wisconsin Controlled Substances Board administers sections of chapter 961 of the Wisconsin Statutes.
- (Update 1/7/2019 See Who can sell CBD oil in Wisconsin?, Wisconsin State Journal, December 24, 2018)
- The Department of Agriculture, Trade and Consumer Protection (DATCP) industrial hemp research pilot program website hosted a recent guidance statement from the Wisconsin Statewide Intelligence Center. (link updated 5/23/18) on CBD oil (April 27, 2018), "The Possession and Sale of Cannabidol (CBD) in Wisconsin". The guidance specified in a footnote beginning on page 2 and continued on page 3 that there is no distinction under the 2014 Farm Bill between industrialized hemp derived oil and marijuana derived oil. The guidance has been removed from the DATCP website.(Archived version of the DATCP page from May 3, 2018)
- On May 10, the Wisconsin Department of Justice released an updated statement on Wisconsin's industrial hemp pilot program and CBD oil.
- There are various enforcement and penalty provisions in chapter 961 of the Wisconsin Statutes for violation of that chapter.
- For more information related to industrial hemp, see the Industrial Hemp Research Pilot Program information on the DATCP website
- Wisconsin Controlled Substances Board and Epidiolex (Channel3000.com news)
Federal Source
The US Department of Agriculture has a page on industrial hemp, which discusses section 7606 of the 2014 Farm Bill. Information on the pending 2018 Farm Bill, H.R. 2 can be found online. (6/2019 update: Legal opinion on authorities for hemp production, dated May 28, 2019)
- Federal Law: DEA final rule: Dec. 2016 Establishment of a New Drug Code for Marihuana Extract
- Court rules CBD is Schedule 1 controlled substance, cannabidiol sales only where pot legal (May 4, 2018; ninth circuit decision) (Statesman Journal, May 4, 2018)
- FDA drug approval of Epidiolex
Other Sources
- The National Conference of State Legislatures has an overview of other state industrial hemp statutes on their website.