May 4, 2017
MADISON, Wis. – Last week, the Wisconsin Department of Justice (DOJ) and Wisconsin Statewide Intelligence Center (WSIC) released an unclassified Analytical Note to advise law enforcement of the legal status of CBD in Wisconsin since law enforcement agencies have received many inquiries about the legality of cannabidiol (CBD) products, including CBD which is derived from hemp. Nothing in this Analytical Note prohibits farmers from cultivating industrial hemp and using it for other lawful purposes.
“Law enforcement has encountered examples of products claiming to be CBD oil that resulted in people getting hurt and sick,” said Attorney General Schimel. “We have an obligation to protect public health and safety, and need to provide frontline law enforcement with the knowledge to enforce the law as it is written by the Wisconsin State Legislature and United States Congress.”
As explained in the Analytical Note, the Wisconsin State Legislature has chosen to allow the possession and distribution of CBD in only very limited circumstances.
1. An individual may possess CBD only if he/she has a doctor’s certification under Section 961.32 of the Wisconsin Statutes;
2. Only a physician or pharmacy may sell CBD if they have an FDA investigational drug permit and approval from the Wisconsin Controlled Substances Board, under Sections 961.34 and 961.38 of the Wisconsin Statutes;
3. The Legislature has only chosen to allow this type of possession and distribution if the CBD does not have a psychoactive effect.
Any possession or distribution of CBD outside of these very limited exceptions is prohibited by law.
