A proposal simplifying access to a therapy for seizures and other medical disorders has passed the state Senate, overcoming an obstacle that prevented the legislation in 2016. The measure offers a fix to Lydia’s Law, named after a 7-year-old Burlington girl who died in 2014. Lydia’s Law legalized cannabidiol (CBD oil) which is a cannabis extract shown to work for some children who suffer from seizures.

However, supporters say Lydia’s Law has not worked as intended because Wisconsin families have not been able to access the oil. Under the bill, a person can possess CBD oil without a prescription so long as that individual has a written certification from a Wisconsin-licensed physician that the oil is for therapy of a medical condition. The measure requires that certification be no more than one year old. It also stipulates that if the federal government changes its classification of CBD oil, the state will mirror those changes within thirty days.

Senator Van Wanggaard, R-Racine, who authored the legislation, said the measure permits families to use and possess CBD oil without fear of local or state prosecution He stated he was “ecstatic” to give hope to families across the state, adding the measure was the culmination of three years of work. “This bill is not only the compassionate thing to do, it is the right thing to do,” Wanggaard stated. “Parents shouldn’t have to risk jail time to treat their children. It is a sense of relief that we can ease the suffering and fear that too many parents experience trying to improve the lives of their children.”

While Democrats disputed the measure doesn’t solve complications in getting the oil, Wanggaard said it was a compromise and written narrowly to avoid issues related to cannabis laws. Officials emphasized the measure doesn’t legalize cannabis for medical or recreational purposes in Wisconsin. Wanggaard said people can travel to other states to obtain the oil and bring it back without being punished. State Senator Chris Larson voted yes but said more work needs to be done so families don’t have to travel out of state. Larson said during Senate debate, “We can move forward with this, but hold the confetti, pause the parade.” The Senate passed the measure 31-1, with Senator Duey Stroebel casting the only vote against it. It will soon go to the state Assembly. The full Assembly is likely to vote on it in March. Speaker Robin Vos has said passing the bill is a high priority.

Sally Schaeffer of Burlington, whose daughter is the law’s namesake, has been a leading supporter of CBD oil and legislation surrounding it. The original measure passed less than a month before Lydia Schaeffer died, having never received the therapy. Schaeffer said the bill was a good first step toward making the oil more readily available. She stated, “I’m thankful for Van’s efforts and those in the Senate listening to the people of Wisconsin.”


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