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The CBD oil dilemma in Wisconsin

Hey, where are the CBD oil products? Short answer: Outpost, nor any other retailer, cannot legally sell medicinal products containing CBD oil. Why? According to the WI Department of Justice (DOJ), it is illegal to possess or distribute products containing CBD oil, regardless of the source of the oil or the levels of the THC (Tetrahydrocannabinol). In fact, WI law still considers products containing the oil to be a Schedule I narcotic. Possession or distribution outside of the legal parameters ascribed by WI state law is considered a Class I felony, and prosecutable under the law. The only exception to this is for patients with a doctor’s certification, in very limited circumstances.

And it only gets more confusing.

Wisconsin Governor Scott Walker signed legislation allowing for the sale of medicinal CBD oil containing products within a controlled setting. So, there is some confusion between which interpretation of legislation sets the precedent. In the meantime, Outpost cannot legally obtain or sell medicinal CBD oil containing products, nor can we apply for an exemption to sell these products at this time.

Quick Facts


It is ILLEGAL in WI to cultivate, possess or distribute any products derived from psychoactive Cannabis (marijuana) – It is a Schedule I narcotic under federal law

It is ILLEGAL in WI to possess or distribute medicinal products containing CBD oil; the only exception is for patients with a doctor’s certification, in very limited circumstances

According to the Wisconsin Statewide Intelligence Center, possessing CBD oil that contains any level of THC ranges from an unclassified misdemeanor with a $1,000 fine and up to six months in jail to a Class I felony with a $10,000 fine and up to three years, six months of prison and extended supervision. Distributing it could result in a Class E felony with a $50,000 fine and up to 15 years of prison and extended supervision.

What is LEGAL

It is LEGAL to grow non-psychoactive Cannabis (industrial hemp) in WI, BUT only through the Industrial Hemp Pilot Program and under strict government controls.


The WI DOJ is advising law enforcement agencies and the public that medicinal oil derived from marijuana and hemp is still illegal, despite legislation passed in recent years legalizing its use in limited circumstances.

Advocates for the therapeutic benefits of medicinal CBD oil containing little or no THC claim it is beneficial particularly in children or adults who suffer from debilitating seizures.

Medicinal CBD oil derived from industrial hemp contains little to no THC (Tetrahydrocannabinol). THC is the psychoactive component in marijuana.


WI Governor Scott Walker signed bills in 2014 and 2017 that allowed doctors and pharmacies to distribute CBD without THC under an investigational drug permit issued by the U.S. Food and Drug Administration.

In 2017 the governor signed a separate hemp bill that allowed a pilot program for growing industrial hemp. While debating the bill in the state assembly, bi-partisan authors of the bill made it clear to lawmakers and the DOJ that farmers would be growing hemp to produce CBD oil.

A memo issued April 27, 2018, by the Wisconsin Statewide Intelligence Center, which is run by the DOJ’s Division of Criminal Investigation, said manufacturing and distributing products with CBD oil, even with no or very low levels of THC, is still illegal. With some very limited exceptions.


QUESTION: I bought a product from Outpost that contains CBD oil and am now wondering what I should do with it.

ANSWER: All CBD oil products purchased from Outpost must be either surrendered or destroyed by the customer. Most local police department locations have secure prescription drug disposal drop boxes on premises.

QUESTION: But I have debilitating health issues that CBD oil helped. How am I supposed to obtain this product if you can’t legally provide it to me?

ANSWER: As Outpost staff are not health care providers and cannot diagnose or prescribe health advice, you should visit your doctor or health care provider for additional health care advice regarding medicinal CBD oil products.

QUESTION: Will Outpost ever consider selling medicinal products containing CBD oil if it becomes legal to sell?

ANSWER: Yes! Absolutely!

QUESTION: What is Outpost’s position on the use of medicinal CBD oil products?

ANSWER: In the interest of protecting our employees and customers, Outpost will follow the law and not sell this product. We understand that research supports the effectiveness of CBD oil as treatment and are dedicated to providing the product as an option for customers were it to become legal. At this time, we are looking for a non-hemp derived replacement that is legal for us to sell.



For further information regarding medicinal CBD oil products and the law in the state of Wisconsin, consider these additional resources:

Press release from Wisconsin Attorney General Brad Schimel.

Blog opinion piece on the Wisconsin CBD oil issue from an industry legal perspective.

Wisconsin State Journal: DOJ issues warning on sale and possession of CBD oil, upsetting hemp farmers.

Wisconsin Eye interview of WI AG Brad Schimel.

The Ministry of Hemp blog.

The U.S. Hemp Roundtable.


Contact the following Wisconsin government offices with comments and/or questions:

Wisconsin Governor Scott Walker


Office of the Governor

PO Box 7863

Madison, WI 53707



Wisconsin Attorney General Brad Schimel


Wisconsin Department of Justice

PO Box 7857

Madison, WI. 53703-7857



Wisconsin State Legislature: State Assembly



State Senate




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