You bought CBD oil legally online or from a local store. The label says it contains less than 0.3% delta-9 THC. You may still wonder if police could treat it as illegal marijuana during a traffic stop or search.
Wisconsin law separates legal hemp from marijuana based partly on THC levels. However, product labels, lab tests and the circumstances of a police encounter can affect how officers view a product.
What makes CBD legal in Wisconsin?
Wisconsin generally defines hemp as cannabis and its derivatives containing no more than 0.3% delta-9 THC by dry weight, or the maximum concentration allowed under federal law up to 1%, whichever is greater.
Products that do not meet the applicable hemp definition may be treated as controlled substances under Wisconsin law, depending on the product and circumstances.
A label alone does not prove that a product meets the legal requirements. Its actual contents also matter.
Why can CBD create legal questions?
Police officers may not be able to tell legal hemp from illegal marijuana by appearance alone. Wisconsin courts have recognized that hemp and CBD may explain why a product looks like marijuana. However, officers can consider all the facts when deciding whether probable cause exists.
Mislabeling can also create problems. A product may contain more THC than the label states. Lab tests can help determine whether it meets the legal definition of hemp.
If testing shows that a product does not qualify as legal hemp, Wisconsin’s controlled-substance laws may apply.
How can you reduce legal problems?
Keep CBD products in their original packaging. Save receipts and lab reports that show the product’s contents. Before buying CBD, ask the seller for current lab testing results.
If police question you about a CBD product, avoid making claims about its contents that you cannot verify. You can also ask to speak with a criminal defense attorney about your rights.
What should you do if you are arrested?
Keep the product packaging, receipts and lab reports. These records may help show where you bought the product and what it contained.
A criminal defense attorney can review the product, test results and circumstances of the police encounter to identify possible legal issues.
