Racine County District Attorney warns against sale of CBD Gummies, Oil at convenience stores

NOW: Racine County District Attorney warns against sale of CBD Gummies, Oil at convenience stores

RACINE COUNTY, Wis. (CBS 58) -- Selling CBD Oil is now in the sights of Racine County authorities. Although the oil was recently legalized in certain situations, being sold at some stores isn't one of them.

Right now, it's a murky issue for retailers. One store in Racine only recently pulled their CBD Oil from the shelves after getting the warning from the District Attorney.

CBD gummies being sold at a Racine liquor store started the conversation with Racine Police asking if they're legal. Those questions directed to District Attorney Tricia Hanson.

"I sent out a directive to law enforcement officers across the country to be on the lookout for these products either in their persona lives or work lives," said Tricia Hanson, Racine County District Attorney.

She says, in her opinion, the issue has gotten confusing.

In April of 2017, Governor Scott Walker signed a bill to legalize the use of CBD which is an active cannabinoid chemical found in the marijuana plant.

"But usually there are some differences. They're not necessarily partisan. Sometimes they're just geographical. Sometimes their based on a particular issue but very rarely do you have something with such broad-based support," said Gov. Scott Walker. 

There is an aspect of the law that D.A. Hanson says is overlooked.

"A physician or pharmacy may distribute CBD without THC if they are specifically operating under an investigational drug permit issued by the federal FDA and approval by the Wisconsin Controlled Substances Board."

Gummies from a small liquor store or head shop wouldn't qualify. But she's not calling for drug busts. She says some sellers may have been confused by marketers.

"So, I'm not here for enforcement just yet what I'm looking for is cooperation from retailers to get these items off the shelves," said D.A. Hanson.

A few Racine County patients who have been buying CBD products without a physicians certificate say they're disappointed, admitting they were pushing the limits of what's legal. They also said it helps them with health issues including pain and seizures.

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