Marihuana possession.

2015
STATE OF WYOMING
15LSO-0166
Numbered
2.1

HOUSE BILL

NO.
HB0029

Marihuana possession.

Sponsored by:
Representative(s) Byrd

A BILL

for

AN ACT relating to marihuana possession; amending penalties for marihuana possession as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 35
‑
7
‑
1031(c)(i)
(intro),
(A)
, by creating a new subparagraph (G) and
by creating new paragraph
s (vi) and (vii) is
amended to read:

35
‑
7
‑
1031
.

Unlawful manufacture or delivery; counterfeit substance; unlawful possession.

(c)

It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a
valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this act. With the exception of dronabinol as listed in W.S. 35
‑
7
‑
1018(h), and notwithstanding any other provision of this act, no practitioner shall dispense or prescribe marihuana, tetrahydrocannabinol, or synthetic equivalents of marihuana or tetrahydrocannabinol and no prescription or practitioner's order for marihuana, tetrahydrocannabinol, or synthetic equivalents of marihuana or tetrahydrocannabinol shall be valid. Any person who violates this subsection:

(i)

And has in his possession a controlled substance in the amount set forth in this paragraph
is
may be

guilty of a misdemeanor
punishable
and may be punished
by imprisonment for not more than twelve (12) months, a fine of not more than one thousand dollars ($1,000.00), or both. Any person convicted for a third or subsequent offense under this paragraph, including convictions for violations of similar laws
related to possession of controlled substances

in other jurisdictions, shall be imprisoned for a term not more than
five (5)
three (3)

years, fined not more than
five thousand dollars ($5,000.00)

three thousand dollars ($3,000.00)
, or both. For purposes of this paragraph, the amounts of a controlled substance are as follows:

(A)

Except as provided in subparagraph (G) of this paragraph, f
or a controlled substance in plant form, no more than three (3) ounces;

(G)

For marihuana, no more than three (3) ounces but greater than one (1) ounce.

(vi)

And has in his possession marihuana
for a first or second offense
:

(A)

In an amount no more than one (1) ounce but greater than one
‑
half (1/2) ounce shall be subject to a civil penalty of one hundred dollars ($100.00)
;
or

(B)

In an amount no more than one
‑
half (1/2) ounce shall be subject to a civil penalty of fifty dollars ($50.00)
f
or a first or second offense.

(vii
)

And has in his possession marihuana for a third or subsequent offense i
n an amount no more than one (1) ounce
sha
ll be subject to the following:

(A)

Mandatory counseling;

(B)

A
fine of not less than five hundred dollars ($500.00) but not more than one thousan
d dollars ($1,000.00);

(C)

Imprisonment for not more than
thirty
(30) days;

(D)

P
robation
for a
term not
to
exceed one (1) year
. Probation under this subparagraph may be in addition to or in lieu of a fine or imprisonment under this paragraph.

Section
2
.

This
act is effective July 1,
2015
.

(END)

1
HB0029