2022 22LSO-0368
STATE OF WYOMING
HOUSE BILL NO. HB0106
Decriminalization of cannabis.
Sponsored by: Representative(s) Baker, Barlow, Burt, Olsen,
Provenza, Romero-Martinez, Roscoe, Sweeney and Yin and Senator(s) Case and Rothfuss
A BILL
for
1 AN ACT relating to food and drugs; creating a civil penalty
2 for possessing specified amounts of marijuana and
3 eliminating criminal penalties for possessing specified
4 amounts of marijuana; eliminating use of marijuana and
5 possession of marijuana paraphernalia as crimes;
6 eliminating the prohibition on practitioners prescribing
7 marijuana; amending definitions; making conforming
8 amendments; repealing a provision; and providing for an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
13 Section 1. W.S. 35-7-1002(a)(xiv), (xxvii)(intro),
14 (E)(intro) and (I), 35-7-1031(a)(ii), (c)(intro),
15 (i)(intro), (A) through (D), by creating new subparagraphs
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1 (G) and (H), (iii) and by creating a new paragraph (vi),
2 35-7-1037, 35-7-1038(b), 35-7-1039 and 35-7-1040 are
3 amended to read:
4
5 35-7-1002. Definitions.
6
7 (a) As used in this act:
8
9 (xiv) "Marihuana" or "marijuana" means all parts
10 of the plant of the genus Cannabis, whether growing or not;
11 the seed thereof; the resin extracted from any part of the
12 plant; and every compound, manufacture, salt, derivative,
13 mixture or preparation of the plant, its seeds or resin.
14 "Marihuana" or "marijuana" includes products that are
15 composed of both marijuana and other ingredients and are
16 intended for use or consumption, including edible products,
17 ointments and tinctures. It does not include the mature
18 stalks of the plant, fiber produced from the stalks, oil or
19 cake made from the seeds of the plant, any other compound,
20 manufacture, salt, derivative, mixture or preparation of
21 the mature stalks (except the resin extracted therefrom),
22 fiber, oil or cake, or the sterilized seed of the plant
23 which is incapable of germination;
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1
2 (xxvii) "Drug paraphernalia" means all
3 equipment, products and materials of any kind when used,
4 advertised for use, intended for use or designed for use
5 for manufacturing, converting, preparing, packaging,
6 repackaging, storing, containing, concealing, injecting,
7 ingesting, inhaling or otherwise introducing into the human
8 body a controlled substance, except marijuana, in violation
9 of this act and includes:
10
11 (E) The following objects when used,
12 advertised for use, intended for use or designed for use in
13 ingesting, inhaling or otherwise introducing marihuana,
14 cocaine, hashish or hashish oil or any other controlled
15 substance into the human body:
16
17 (I) Metal, acrylic, glass, stone,
18 plastic or ceramic pipes with or without screens, permanent
19 screens, hashish heads or punctured metal bowls;
20
21 35-7-1031. Unlawful manufacture or delivery;
22 counterfeit substance; unlawful possession; civil penalty
23 for marijuana.
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1
2 (a) Except as authorized by this act, it is unlawful
3 for any person to manufacture, deliver, or possess with
4 intent to manufacture or deliver, a controlled substance.
5 Any person who violates this subsection with respect to:
6
7 (ii) Any other controlled substance classified
8 in Schedule I, except marijuana in amounts specified in
9 paragraph (c)(vi) of this section, II or III, is guilty of
10 a crime and upon conviction may be imprisoned for not more
11 than ten (10) years, fined not more than ten thousand
12 dollars ($10,000.00), or both;
13
14 (c) It is unlawful for any person knowingly or
15 intentionally to possess a controlled substance unless the
16 substance was obtained directly from, or pursuant to a
17 valid prescription or order of a practitioner while acting
18 in the course of his professional practice, or except as
19 otherwise authorized by this act. With the exception of any
20 drug that has received final approval from the United
21 States food and drug administration, including dronabinol
22 as listed in W.S. 35-7-1018(h), and notwithstanding any
23 other provision of this act, no practitioner shall dispense
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1 or prescribe marihuana, tetrahydrocannabinol, or synthetic
2 equivalents of marihuana or tetrahydrocannabinol. No
3 prescription or practitioner's order for marihuana,
4 tetrahydrocannabinol, or synthetic equivalents of marihuana
5 or tetrahydrocannabinol shall be valid, unless the
6 prescription is for a drug that has received final approval
7 from the United States food and drug administration,
8 including dronabinol. Any person who violates this
9 subsection:
10
11 (i) And has in his possession a controlled
12 substance in the amount amounts set forth in this paragraph
13 is guilty of a misdemeanor punishable by imprisonment for
14 not more than twelve (12) months, a fine of not more than
15 one thousand dollars ($1,000.00), or both. Any person
16 convicted for a third or subsequent offense, other than a
17 marijuana offense, under this paragraph, including
18 convictions for violations of similar laws in other
19 jurisdictions, shall be imprisoned for a term not more than
20 five (5) years, fined not more than five thousand dollars
21 ($5,000.00), or both. For purposes of this paragraph, the
22 amounts of a controlled substance are as follows:
23
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1 (A) Except as provided in subparagraph (G)
2 of this paragraph, for a controlled substance in plant
3 form, no more than three (3) ounces;
4
5 (B) Except as provided in subparagraph (H)
6 of this paragraph, for a controlled substance in liquid
7 form, no more than three-tenths (3/10) of a gram;
8
9 (C) Except as provided in subparagraph (H)
10 of this paragraph, for a controlled substance in powder or
11 crystalline form, no more than three (3) grams;
12
13 (D) Except as provided in subparagraph (H)
14 of this paragraph, for a controlled substance in pill or
15 capsule form, no more than three (3) grams;
16
17 (G) For marijuana in plant form, more than
18 three (3) ounces;
19
20 (H) For products composed of marijuana that
21 are:
22
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1 (I) In solid form, including edible
2 products, ointments and tinctures, more than sixteen (16)
3 ounces;
4
5 (II) In liquid form, more than
6 seventy-two (72) ounces;
7
8 (III) In a form that has undergone a
9 process to concentrate one (1) or more active cannabinoids
10 to increase the marijuana's potency, including in powder,
11 crystalline, pill or capsule form, more than thirty (30)
12 grams.
13
14 (iii) And has in his possession any other
15 controlled substance classified in Schedule I, except
16 marijuana, II or III in an amount greater than set forth in
17 paragraph (c)(i) of this section, is guilty of a felony
18 punishable by imprisonment for not more than five (5)
19 years, a fine of not more than ten thousand dollars
20 ($10,000.00), or both;
21
22 (vi) And has in his possession marijuana in any
23 combination of forms and amounts set forth in this
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1 paragraph shall be subject to a civil penalty of not more
2 than one hundred dollars ($100.00). For purposes of this
3 paragraph, the amounts of marijuana are as follows:
4
5 (A) For marijuana in plant form, three (3)
6 ounces or less;
7
8 (B) For products composed of marijuana that
9 are:
10
11 (I) In solid form, including edible
12 products, ointments and tinctures, sixteen (16) ounces or
13 less;
14
15 (II) In liquid form, seventy-two (72)
16 ounces or less;
17
18 (III) In a form that has undergone a
19 process to concentrate one (1) or more active cannabinoids
20 to increase the marijuana's potency, including in powder,
21 crystalline, pill or capsule form, thirty (30) grams or
22 less.
23
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1 35-7-1037. Probation and discharge of first
2 offenders.
3
4 Whenever any person who has not previously been convicted
5 of any offense under this act or under any statute of the
6 United States or of any state relating to narcotic drugs,
7 marihuana marijuana, or stimulant, depressant, or
8 hallucinogenic drugs, pleads guilty to or is found guilty
9 of possession of a controlled substance under W.S.
10 35-7-1031(c)(i) through (v) or 35-7-1033(a)(iii)(B), or
11 pleads guilty to or is found guilty of using or being under
12 the influence of a controlled substance under W.S.
13 35-7-1039, the court, without entering a judgment of guilt
14 and with the consent of the accused, may defer further
15 proceedings and place him on probation upon terms and
16 conditions. Any term of probation imposed under this
17 section for a felony offense shall not exceed the maximum
18 term of probation authorized under W.S. 7-13-302(b). Upon
19 violation of a term or condition, the court may enter an
20 adjudication of guilt and proceed as otherwise provided.
21 Upon fulfillment of the terms and conditions, the court
22 shall discharge the person and dismiss the proceedings
23 against him. Discharge and dismissal under this section
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1 shall be without adjudication of guilt and is not a
2 conviction for purposes of this section or for purposes of
3 disqualifications or disabilities imposed by law upon
4 conviction of a crime, including the additional penalties
5 imposed for second or subsequent convictions under W.S.
6 35-7-1038. There may be only one (1) discharge and
7 dismissal under this section with respect to any person.
8 This section shall not be construed to provide an exclusive
9 procedure. Any other procedure provided by law relating to
10 suspension of trial or probation, may be followed, in the
11 discretion of the trial court.
12
13 35-7-1038. Second or subsequent offenses; mandatory
14 minimum penalty for certain subsequent offenses.
15
16 (b) For purposes of subsection (a) of this section,
17 an offense is a second or subsequent offense if, prior to
18 his conviction of the offense, the offender has at any time
19 been convicted under this act or under any statute of the
20 United States or of any state relating to narcotic drugs,
21 marijuana, depressant, stimulant or hallucinogenic drugs.
22
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1 35-7-1039. Person using or under influence of
2 controlled substance.
3
4 Any person who knowingly or intentionally uses or is under
5 the influence of a controlled substance listed in Schedules
6 I, except marijuana, II or III and except when administered
7 or prescribed by or under the direction of a licensed
8 practitioner, shall be guilty of a misdemeanor and shall be
9 punished by imprisonment in the county jail not to exceed
10 six (6) months or a fine not to exceed seven hundred fifty
11 dollars ($750.00), or by both.
12
13 35-7-1040. Planting, cultivating or processing peyote
14 or opium poppy.
15
16 Any person who knowingly or intentionally plants,
17 cultivates, harvests, dries, or processes marijuana in
18 amounts that exceed the amounts listed in W.S.
19 35-7-1031(c)(vi) or any marihuana, peyote, or opium poppy
20 except as otherwise provided by law shall be guilty of a
21 misdemeanor and shall be punished by imprisonment not to
22 exceed six (6) months in the county jail or by a fine not
23 to exceed one thousand dollars ($1,000.00), or both.
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1
2 Section 2. W.S. 35-7-1002(a)(xxvii)(C) is repealed.
3
4 Section 3. This act is effective July 1, 2022.
5
6 (END)
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Statutes affected: Introduced: 35-7-1002