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DOJ clarifies position, allows manufacture and sale of CBD oil

Any licensed retailer can sell CBD oil derived from state-licensed hemp farms, so long as it contains less than 0.3 percent THC.

Q: Who can sell CBD oil in Wisconsin?

A: Any retailer with a seller’s permit through the state Department of Revenue can sell cannabidiol, or CBD oil, so long as it’s derived from a state-licensed hemp program and contains less than 0.3 percent THC, said state Department of Justice spokeswoman Rebecca Ballweg.

Wisconsin began issuing permits for industrial hemp farming earlier this year, and while the DOJ originally kept CBD oil production illegal, it later changed its position to allow for the production and sale of the substance.

Hemp contains minimal amounts of tetrahydrocannabinol, or THC, the psychotropic compound that gives marijuana users a high. The CBD compound does not produce psychotropic effects.

CBD oil is increasingly being used in lotions, dietary supplements, food and even beer — Great Dane Pub & Brewing Company recently released their Green Glory APA, which contains CBD.

Advocates for CBD oil say it can treat exercise-induced inflammation, mild anxiety and pain, and the federal Food and Drug Administration has approved a medication containing CBD to treat seizures.

Hemp farming was recently legalized across all 50 states as a provision of the 2018 Farm Bill, signed Thursday by President Donald Trump, the Associated Press reported.

The FDA announced after the bill’s signing that the agency still identifies CBD oil as a drug, and adding CBD oil to products without FDA approval is illegal.

Hemp-derived ingredients like hulled hemp seeds, hemp seed protein and hemp seed oil would not require additional FDA approval, so long as marketers don’t make claims that they treat disease, the FDA said.

— Shelley K. Mesch

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Shelley K. Mesch is a general assignment reporter for the Wisconsin State Journal. She earned a degree in journalism from DePaul University.