In 2014, Wisconsin passed AB 726, which creates a legal right for patients with seizure disorders to possess and use CBD-rich medicines if they have a written recommendation. The law allows medical practitioners to dispense CBD but provides no clear guidance on how they may obtain it, nor does the law address production or distribution. The law only removes criminal penalties for CBD and does not authorize the possession or use of THC in any quantity. Nearly all CBD-rich products have at least some amount of THC, making the production of qualifying medicine practically impossible.

What's Legal

The law allows physicians and pharmacies to dispense CBD that is free of THC, but does not provide guidance on how physicians or pharmacies would obtain the substance, except that the controlled substances board of the state shall assist physicians in acquiring CBD through investigation new drug programs.

Eligible Conditions

The only eligible condition in Wisconsin is seizure disorders.

Application Process

There is no application process to become a patient under AB 726. A physician's written recommendation is all that necessary for a patient to be legally allowed to possess and administer CBD products under AB 726; however, there is not clear way for patients to obtain such products.

Doctor

Any doctor treating a patient for seizure disorders can recommend to a patient. There is no requirement on the nature of the patient-physician relationship.

Access/Caregivers

Caregivers are not permitted under AB 726.

Consumption

The law is silent on where patients may consumer their medicine.

Age Limits

The law does not contain any restrictions pertaining to a patient's age.

Confidentiality

The law does not have any specific confidentiality provisions; however, there is no patient registry, and a physician’s medical records of a patient are protected under HIPPA.

Housing

The law does not contain any housing protections for patients.

Employment

The law does not contain any employment protections for patients.

Insurance

Insurance is not addressed in the law, but it is unlikely at this time that any health insurer will cover CBD products.

Out of State Patients

The law does not require a patient or a recommending physician be a Wisconsin resident. However, an out of state patient ID card will only protect a patient in Wisconsin if they have a recommendation for a seizure disorder, and they may not possess products with any THC. 

For More Information

Wisconsin Controlled Substances Board

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