Wanggaard expects CBD bill passage before March

Sen. Van Wanggaard (R-Racine), Senate sponsor of Wisconsin CBD legislation.

Sen. Van Wanggaard (R-Racine) who authored CBD legislation last session that was blocked by fellow Republicans, is currently circulating his latest version of the legislation, LRB-0854/1.

2013 Wisconsin Act 267, regarding CBD oil for childhood seizures,  was passed by lawmakers and signed into law by Gov. Scott Walker in 2014, but the wording was problematic for families seeking to use cannabidiol, necessitating further action.

Sen. Wanggaard told WTMJ-TV Jan. 17 that last session, “We had a couple senators that just couldn’t get on board. They were in a position that they could procedurally stop that bill.” He said he is confident this time it will pass.  “It will be an immediate fix to allowing parents to possess it here without having to worry about a criminal offense.”

Sen. Wanggaard’s bill would make it legal to possess with certification from a Wisconsin doctor. The oil can only be used to treat children with seizure disorders. Wanggaard also told WTMJ there will be a hearing on the bill in the next few weeks.  Then it’s expected to go to a floor vote in the Senate, followed by the Assembly. Lawmakers are hoping it’s a done deal before March.

More details below:

Analysis by the Legislative Reference Bureau

Current law designates tetrahydrocannabinols as a Schedule I controlled substance.  Current law specifies that THC does not include cannabidiol (CBD oil) in a form without a psychoactive effect that is dispensed by a pharmacy or physician approved by the Controlled Substances Board or that is possessed by an individual who has documentation from a physician that the CBD oil is used to treat a seizure disorder.  This bill specifies that THC does not include CBD oil in a form without a psychoactive effect without adding any conditions.

In addition, this bill allows an individual to possess CBD oil in a form without a psychoactive effect if the individual has certification issued by a physician within the previous year that the individual possesses the CBD oil to treat a seizure disorder.

Under current law, if a substance is designated, rescheduled, or deleted as a controlled substance under federal law, the controlled substances board must similarly treat the substance under state law within 30 days unless there is an objection, in which case the board must follow certain other procedures before the substance is designated, rescheduled, or deleted.  This bill requires that, if CBD oil is rescheduled or deleted as a controlled substance under federal law, the board must similarly treat CBD oil under state law as soon as practically possible, but within 30 days, and does not allow for an objection.

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