2021 Update
No updates have been made to Cannabis/hemp- CBD laws in Wisconsin.
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Wisconsin Hemp Laws and the legality of CBD in Wisconsin, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Wisconsin
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in Wisconsin?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
Most hemp and CBD products are legal to buy, sell, and produce in Wisconsin. Unlike its neighbor Minnesota, Wisconsin does not place many restrictions on CBD and hemp sales and does not require CBD retail stores to have a special license.
Is It Legal to Ship PCR Hemp Oil to Wisconsin?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Wisconsin?
CBD and hemp flower can be bought in Wisconsin stores or by ordering online.
Do you need a special license to purchase PCR Hemp Oil in Wisconsin?
You don’t need a special license to purchase CBD hemp oil (all types) in Wisconsin, only to grow, test, or sell products.
How Does Wisconsin Legally Define Hemp?
“Hemp”: The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta 9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis
Wisconsin's Industrial Hemp Research Pilot Program (Power Point PDF)
Growing and Selling Hemp in Wisconsin
Wisconsin hemp growers, processors, and handlers must be registered and licensed with the state to participate in their Pilot Research Program. Wisconsin hemp laws include 2017 Wis. Act 100 and 2019 Wis. Act 68.
Retail Hemp and CBD products must comply with Wisconsin hemp laws, including:
- Products must contain no more than 0.3% THC
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
- The THC must be reported as “total THC”
In addition to Wisconsin state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
Wisconsin state hemp laws allow for a variety of CBD products such as:
- Hemp flower
- Hemp topicals
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
