DATCP guidance to hemp producers – WI DOJ says CBD mostly illegal in state

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With a May 1 deadline looming for licensing growers and processors under Wisconsin’s new hemp law, the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) sent a message Monday April 30 to subscribers of its industrial hemp program mailing list containing an April 27 “guidance” from the Wisconsin Department of Justice’s Statewide Intelligence Center regarding the possession and sale of cannabidiol (CBD) in the state. The message states that the Intelligence Center’s document says that “CBD oil and other CBD products, with or without THC, are illegal to possess or distribute in Wisconsin. The only exception is for patients with a doctor’s certification, in very limited circumstances.”

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“Wisconsin law flatly prohibits the distribution and possession of any CBD product containing THC. There are no exceptions to this prohibition. If the CBD product does not contain THC, then Wisconsin law similarly prohibits distribution and possession, but there are two very limited exceptions to this rule.” — Wisconsin Statewide Intelligence Center (WSIC)

DATCP notes in the message:

“The Wisconsin Statewide Intelligence Center on April 27 issued guidance on the possession and sale of cannabidiol (CBD) in the state. The document says that CBD oil and other CBD products, with or without THC, are illegal to possess or distribute in Wisconsin. The only exception is for patients with a doctor’s certification, in very limited circumstances. The document specifically says that even CBD from industrial hemp grown under the 2014 farm bill will be illegal. This includes industrial hemp grown and processed under license and registration from the Wisconsin Industrial Hemp Research Pilot Program. We strongly suggest that you read the attached WSIC guidance and consider its implications if you are interested in growing industrial hemp for CBD oil, processing it into CBD oil or CBD products, or selling CBD oil or products.

Holding a DATCP license does not authorize you to produce or sell CBD oil or CBD products.

Please note: This is not a DATCP decision. If you have questions or comments, please contact the Wisconsin Statewide Intelligence Center, 1-888-DCI-WSIC (324-9742).”

RELATED: Farm Bureau and hemp businesses push back after DOJ position paper says CBD illegal in Wisconsin

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