CBD oil has been legal for medical prescriptions in Wisconsin since 2014 and the passing of Wisconsin Act 267, however it was not allowed to actually be prescribed because CBD was not approved by the FDA. A new law passed in 2017 made it legal for doctors to prescribe CBD oil prided they certified it was being used to treat a medical condition. The purchaser obtains a doctor’s note (not a prescription, as Wisconsin does not allow medical marijuana at present) indicating that the CBD oil is being used to treat a medical condition. Delivery or supplying CBD oil to someone who does not have a doctor’s note is still a criminal offense, as is selling to someone who does not have a doctor’s note, however, the exact legality of this is contested. CBD can still be sold in regular stores because industrial hemp manufacturing has been legal in Wisconsin since 2018.
In light of this current legal conundrum, The current governor has proposed a medical marijuana program that will decriminalize the possession of marijuana and hemp, decriminalize use, and establish an expungement program for people who have been convicted with 25g or less.