2022 22LSO-0405
STATE OF WYOMING
HOUSE BILL NO. HB0143
Wyoming medical cannabis.
Sponsored by: Representative(s) Burt, Baker, Banks, Barlow,
Henderson, LeBeau, Olsen, Provenza, Sweeney and Wharff and Senator(s) Case
A BILL
for
1 AN ACT relating to medical marijuana; creating the Wyoming
2 Patient Cannabis Act of 2022; providing for the
3 acquisition, growth, cultivation, extraction, production,
4 processing, manufacture, testing, distribution, use, retail
5 sales, licensing, transportation and taxation of medical
6 marijuana and medical marijuana-derived products; providing
7 for the operation of medical marijuana establishments;
8 authorizing regulation by the Wyoming department of revenue
9 liquor division; preventing local regulation prohibiting
10 the development or operation of medical marijuana
11 establishments; preventing prescription of synthetic
12 marijuana; requiring rulemaking; conforming provisions; and
13 providing for effective dates.
14
15 Be It Enacted by the Legislature of the State of Wyoming:
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1
2 Section 1. W.S. 12-11-101, 12-11-102, 12-11-201
3 through 12-11-206 and 12-11-301 through 12-11-305 are
4 created to read:
5
6 TITLE 12
7 ALCOHOLIC BEVERAGES AND CANNABIS
8
9 CHAPTER 11
10 MEDICAL MARIJUANA
11
12 ARTICLE 1
13 GENERAL PROVISIONS
14
15 12-11-101. Short title; definitions.
16
17 (a) This chapter may be cited as the "Wyoming Patient
18 Cannabis Act of 2022."
19
20 (b) As used in this chapter, unless the context
21 otherwise requires:
22
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1 (i) "Cannabis" means marijuana, marihuana,
2 hashish, tetrahydrocannabinol or any plant or any plant
3 products or byproducts from the genus of flowering plant in
4 the family Cannabaceae;
5
6 (ii) "Cannabinoids" means the chemical compounds
7 in cannabis having a variety of pharmacologic properties;
8
9 (iii) "Caregiver" means a person licensed by the
10 division, other than a patient or the patient's health care
11 provider, who is twenty-one (21) years of age or older and
12 who is the person designated by a patient as the person
13 authorized, on the patient's behalf, to obtain, possess and
14 transport from a certified medical marijuana dispensary,
15 and dispense and assist in the administration of medical
16 marijuana, medical marijuana-derived products or medical
17 marijuana accessories;
18
19 (iv) "Debilitating medical condition" means
20 cancer, glaucoma, positive status for human
21 immunodeficiency virus, acquired immune deficiency
22 syndrome, hepatitis C, amyotrophic lateral sclerosis,
23 multiple sclerosis, Parkinson's disease, Crohn's disease,
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1 sickle-cell anemia, ulcerative colitis, dementia,
2 Alzheimer's disease, Tourette's syndrome or any chronic
3 movement disorder, any terminal condition, or any treatment
4 that produces, for a specific patient, one (1) or more of
5 the following symptoms, and which, in the professional
6 opinion of the patient's health care provider, may be
7 alleviated by the use of medical marijuana or medical
8 marijuana-derived products: cachexia, post-traumatic stress
9 disorder, anxiety, autism, opiate dependency, daily nausea,
10 migraines, seizures including those that are characteristic
11 of epilepsy, intractable pain or persistent muscle spasms
12 including those that are characteristic of multiple
13 sclerosis;
14
15 (v) "Dispense" means the provision of medical
16 marijuana or medical marijuana-derived products by a
17 medical marijuana dispensary to a patient or caregiver for
18 remuneration;
19
20 (vi) "Division" means the Wyoming department of
21 revenue liquor division;
22
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1 (vii) "Health care provider" means a physician,
2 physician assistant or nurse practitioner who maintains a
3 license in good standing to practice medicine issued by the
4 state of Wyoming and who is licensed, registered or
5 otherwise permitted by the United States or the
6 jurisdiction in which the person practices to dispense a
7 controlled substance in the course of professional
8 practice;
9
10 (viii) "Marijuana" means as defined in
11 W.S. 35-7-1002;
12
13 (ix) "Marijuana accessories" means any
14 equipment, products or material of any kind that are used,
15 intended or designed for vaporizing, ingesting, inhaling or
16 otherwise introducing medical marijuana into the human
17 body;
18
19 (x) "Marijuana testing facility" or "MTF" means
20 a licensed marijuana testing facility responsible for
21 testing potency, purity, chemical profile and safety of
22 medical marijuana and medical marijuana-derived products;
23
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1 (xi) "Medical marijuana" means cannabis or
2 marijuana, including its chemical constituents THC and
3 other cannabinoids, recommended by a licensed health care
4 provider to be used as a therapeutic or treatment modality;
5
6 (xii) "Medical marijuana certification" means a
7 form established by the division that is executed and
8 signed by a health care provider stating that the patient
9 has a debilitating medical condition for which the use of
10 medical marijuana or medical marijuana-derived products is
11 indicated. "Medical marijuana certification" does not mean
12 a prescription;
13
14 (xiii) "Medical marijuana cultivation facility"
15 or "MCF" means one (1) or more structures in which, or the
16 real property on which, an entity is licensed to acquire,
17 possess, cultivate, harvest, dry or cure, process, store,
18 deliver, package, transport or prepare and label medical
19 marijuana that is available for testing or sale to other
20 licensed medical marijuana establishments but not to
21 consumers;
22
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1 (xiv) "Medical marijuana dispensary" or "MMD"
2 means a facility licensed by the division that distributes
3 medical marijuana and medical marijuana-derived products
4 for remuneration to patients and caregivers certified under
5 this chapter;
6
7 (xv) "Medical marijuana establishment" or "MME"
8 means a medical marijuana cultivation facility, a medical
9 marijuana-derived product manufacturing facility, a medical
10 marijuana testing facility or a medical marijuana
11 dispensary facility;
12
13 (xvi) "Medical marijuana-derived product" means
14 any product derived from marijuana that is intended to be
15 used by a patient with a medical marijuana certification to
16 treat or alleviate a debilitating medical condition, and
17 intended for use or consumption, such as edible products,
18 marijuana concentrates, sprays, ointments, transdermal
19 patches, capsules, tablets and tinctures;
20
21 (xvii) "Medical marijuana-derived product
22 manufacturing facility" or "MDP" means a facility licensed
23 by the division to extract cannabinoids from medical
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1 marijuana to acquire, possess, develop, process,
2 manufacture, package, transport, prepare and label medical
3 marijuana for use in medical marijuana-derived products
4 available for testing or sale to other licensed medical
5 marijuana establishments but not to consumers;
6
7 (xviii) "Micro-medical marijuana cultivation
8 facility" means a medical marijuana cultivation facility
9 that does not exceed two thousand five hundred (2,500)
10 square feet;
11
12 (xix) "Nonvolatile solvent" is any solvent that
13 is not easily evaporated at normal temperatures and is used
14 in processing medical marijuana or medical
15 marijuana-derived products. Examples include carbon
16 dioxide, ethanol, water, butter and oil;
17
18 (xx) "Patient" means a Wyoming resident who has
19 a debilitating medical condition and who holds a current
20 medical marijuana certification or a person from another
21 state who has a current valid medical marijuana
22 certification issued by the person's state of residency in
23 compliance with all applicable laws;
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2 (xxi) "Transfer" means the provision, without
3 remuneration, of medical marijuana by a person possessing a
4 valid medical marijuana certification to another person
5 possessing a valid medical marijuana certification or a
6 caregiver's license, pursuant to W.S. 12-11-202(a)(iii);
7
8 (xxii) "Unreasonably impracticable" means that
9 the measures necessary to comply with a regulation under
10 this chapter would require such a high investment of risk,
11 money, time or any other resource or asset that the
12 operation of a medical marijuana establishment would not be
13 feasible to be carried out in practice by a reasonably
14 prudent businessperson;
15
16 (xxiii) "Volatile solvent" is a solvent that
17 produces a flammable gas or vapor and is used in processing
18 medical marijuana or medical marijuana-derived products.
19 Examples include butane, hexane and propane.
20
21 (c) As used in this chapter, the pre-mixed weight of
22 medical marijuana extract used in making a medical
23 marijuana-derived product shall apply toward the limit on
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1 the total amount of medical marijuana-derived products a
2 patient or caregiver with a valid medical marijuana
3 certification may purchase for the patient's monthly
4 allotment or possess, display, transfer or transport away
5 from the patient's or caregiver's residence.
6
7 12-11-102. Severability and conflicting provisions.
8
9 (a) The provisions of this Wyoming Patient Cannabis
10 Act of 2022 shall be severable, and if any phrase, clause,
11 sentence or provision is deemed unenforceable, the
12 remaining provisions of the compact shall be enforceable.
13
14 (b) The provisions of this Wyoming Patient Cannabis
15 Act of 2022 shall be liberally constructed to effectuate
16 its purposes and shall supersede all conflicting state and
17 local laws, charters and regulations.
18
19 (c) Nothing in this chapter requires the violation of
20 federal law or purports to give immunity under federal
21 laws.
22
23 ARTICLE 2
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1 REGULATION AND LIMITATIONS
2
3 12-11-201. Medical marijuana certification;
4 debilitating medical conditions.
5
6 (a) A patient with a debilitating medical condition
7 may acquire, administer, purchase, possess, transport,
8 transfer and use, and a patient's licensed caregiver may
9 acquire, administer, purchase, possess, transport and
10 transfer, medical marijuana and medical marijuana-derived
11 products pursuant to a valid medical marijuana
12 certification. A health care provider, after examining a
13 patient and determining that the patient has a debilitating
14 medical condition, may issue a medical marijuana
15 certification if:
16
17 (i) The health care provider has established a
18 relationship with the patient, formed for the purpose of
19 the health care provider providing medical diagnosis or
20 treatment to the patient, whether or not for compensation,
21 and has completed a full assessment of the patient's
22 medical history and current medical condition;
23
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1 (ii) The health care provider determines that
2 the risk of the patient's use of medical marijuana is
3 reasonable in light of the potential benefit;
4
5 (iii) The health care provider has explained the
6 risks and benefits of using medical marijuana to the
7 patient. If the patient is younger than eighteen (18) years
8 of age, treatment involving medical marijuana shall not be
9 provided without consent by at least one (1) custodial
10 parent, guardian, conservator or other person with lawful
11 authority to consent to the patient's medical treatment;
12
13 (iv) The medical marijuana certification shall
14 expire one (1) year from the date issued and may thereafter
15 be considered for recertification.
16
17 (b) Neither law enforcement of this state or of a
18 political subdivision of this state nor an occupational
19 licensing board shall initiate an administrative, civil or
20 criminal investigation of, deny any professional right or
21 privilege to or pursue professional disciplinary action
22 against a health care provider authorized by this chapter,
23 solely on the ground that the health care provider:
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1
2 (i) Discussed with a patient the use of medical
3 marijuana as a treatment option;
4
5 (ii) Issued a medical marijuana certification in
6 compliance with all relevant provisions of this chapter; or
7
8 (iii) Otherwise made a written or oral statement
9 that, in the health care provider's professional opinion,
10 the potential health benefits of the patient using medical
11 marijuana would likely outweigh the health risks.
12
13 12-11-202. Use of Medical Marijuana.
14
15 (a) Notwithstanding any other provisions of law, it
16 is lawful, and shall not be an offense under Wyoming law or
17 the law of any locality within Wyoming or be a basis for
18 seizure or forfeiture of assets under Wyoming law, for a
19 person with a valid medical marijuana certification to:
20
21 (i) Purchase from a licensed medical marijuana
22 dispensary not more than four (4) ounces of medical
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1 marijuana and twenty (20) grams of medical
2 marijuana-derived products in a thirty (30) day period;
3
4 (ii) Possess, display, transfer or transport
5 marijuana accessories and not more than four (4) ounces of
6 medical marijuana and not more than twenty (20) grams of
7 medical marijuana-derived products on their person, away
8 from their residence;
9
10 (iii) Possess, grow, process, manufacture,
11 transfer or transport not more than eight (8) mature
12 flowering marijuana plants, provided that the growing takes
13 place in an enclosed space that is inaccessible to minors,
14 is not conducted publicly and medical marijuana or its
15 equivalent in medical marijuana-derived products produced
16 by the plants on the premises where the plants were grown
17 is not made available for sale;
18
19 (iv) Transfer not more than four (4) ounces of
20 medical marijuana, or its e