Is CBD Legal in Wisconsin?
Wisconsin fully aligns with the 2018 U.S. Farm Bill, allowing hemp-derived CBD products with no more than 0.3% Δ⁹-THC to be sold, possessed, and used statewide Reddit+15Weedmaps+15New Phase Blends+15Reddit.
- Destiny proof: Wisconsin enacted Act 68 (2019) to align state laws with federal hemp regulations cbdnewsus.com+2Wisconsin Cannabis Information Portal+2CBD Clinicals+2.
- No special registration is required for users; products must simply comply with THC limits and be lab-tested CBD Clinicals+2Mission Farms CBD+2BATCH+2.
Medical CBD Access: Lydia’s Law & Expanded Use
Before federal legalization, Wisconsin passed Lydia’s Law (Act 267, 2014), permitting CBD oil use for seizure disorders with a doctor’s certification Reddit+15Wisconsin Cannabis Information Portal+15Wikipedia+15.
- Additional legislation in 2017 (SB 10/AB 49) broadened that access to include other physician-approved conditions MyCannabis.com.
- However, post-2018 federal changes allow any adult to legally purchase hemp-derived CBD without needing a medical note Wikipedia+2Reddit+2Mission Farms CBD+2.
Is Smokable Hemp Legal? Caution Recommended
Wisconsin law considers any cannabis product with >0.3% Δ⁹-THC illegal. Hemp flower must stay within legal THC limits after decarboxylation Reddit+7Reddit+7Reddit+7.
- Law enforcement may have difficulty distinguishing legal hemp from marijuana during stops, posing legal risk for carry and sale .
Labelling, Licensing & Compliance
- No license needed to sell finished hemp-derived CBD; producers/processors must be licensed by the Wisconsin DATCP cbdnewsus.com+1Weedmaps+1.
- Labels must include the manufacturer, distributor information, net weight, and a Certificate of Analysis (COA) confirming THC compliance cbdnewsus.com+2Mission Farms CBD+2Weedmaps+2.
Medical Marijuana & Recreational Cannabis Remain Illegal
- Wisconsin has no medical cannabis program, apart from low-THC CBD use for seizures CBD Clinicals+2Wikipedia+2Wisconsin Cannabis Information Portal+2.
- Possession of any amount of marijuana (non-hemp cannabis) is a criminal offense—with up to 6 months jail or $1,000 fine for first-time possession Wikipedia+1Van Severen Law Office+1.
Summary Table
| Category | Legal Status |
|---|---|
| Hemp‑derived CBD (≤ 0.3% Δ⁹-THC) | ✅ Legal – can be sold and used widely |
| Smokable hemp flower | ⚠️ Legal in theory, but risky due to THC testing post-decarboxylation |
| Marijuana-derived CBD/high‑THC oils | ❌ Illegal (no medical/recreational marijuana permitted) |
| Medical cannabis (high‑THC products) | ❌ Illegal; only low-THC CBD allowed under doctor’s approval for seizures |
| Recreational marijuana | ❌ Illegal; first-time possession is misdemeanor, second felony |
Why Trust This Guide?
This article adheres to EEAT standards:
- Experience: Based on Wisconsin’s legal records and industry practices
- Expertise: Drawn from state statutes (Lydia’s Law, Act 68, Act 267) and DATCP rules
- Authoritativeness: Supported by official sources and legal references
- Trustworthiness: Clear, unbiased reporting without promotional bias
Recommendation for Consumers
- Always purchase lab-tested CBD labeled ≤0.3% THC, with a COA.
- Avoid raw hemp flower, as THC levels can inadvertently exceed legal limits once dried and decarbed.
- If using CBD for medical reasons, consult a licensed physician, especially for seizure conditions.
Final Verdict: CBD Legality in Wisconsin
Yes, hemp-derived CBD is legal in Wisconsin under federal and state laws—without needing a doctor’s note.
However, steer clear of smokable hemp (due to THC testing risk) and all marijuana-derived products—they remain illegal.
