State crime labs aren’t equipped to test for THC levels in industrial hemp

WAUSAU, Wis (WSAW) -- The Wisconsin law change that legalized industrial hemp is now in full effect, but buyers could still find themselves in trouble for using the product.

As Hemp and CBD products continue to pop up throughout the state, law enforcement is reminding users that personal responsibility plays a role in an illegal drug charge.

Although Industrial Hemp is legal in the state, the flower still contains a low level of THC which is a common ingredient found in marijuana that produces a high sensation.

“Most drug tests are specifically looking for THC, not how much THC is in your system,” explained Dr. Larry Gordon with Aspirus Health Clinic. “The more CBD products you take, the more THC you will have in your system.

Alleviate Wellness in Stevens Point carries a variety of Hemp flowers and CBD products. Owners tell NewsChannel 7 they tell each of their customers that over time they could fail a drug test because of the traces of THC in their products.

“It's a very expensive drug test to find out just how much THC is in Hemp,” said Mitchell Craven, Co-Owner of Alleviate Wellness. “All the brands that we decided to go with, we studied for months before opening our store. We have labels with the dosages on our products and we even give a dose card to each of our customers,” clarified Craven.

Wisconsin Attorney General Josh Kaul says that state crime labs do not currently test for THC levels and that it would be an added expense for the state.

“I think this requires a legislative fix so that the statutory langue is clear,” stated Attorney General Kaul. “We also need to make sure that we are able to test marijuana to figure out if the THC is at a level where it’s classified as Marijuana or Hemp.”

Since Hemp and CBD are not regulated by the FDA, it's unclear if the amount of THC is consistent in each product.

Law enforcement says if you plan on using industrial hemp and CBD products as a way to get high, to think twice.

“You can face criminal prosecution for a use like that,” said Detective Brian Barbour with the Oneida County Sheriff’s Department.

Store owners encourage shoppers to hold onto their receipts in case they may need to prove it’s not marijuana.

“Keep in mind,” added Detective Barbour, “Ultimately it comes down to your own personal responsibility.”

Attorney General, Josh Kaul hopes the legislature will pass legislation this session to clear any confusion among Hemp and CBD products.