Marihuana possession.

2016
State of Wyoming
16LSO-0067
Introduced
1.2

HOUSE BILL

NO.

HB0003

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
‑
10
31(c
)(
i)(intro), (A),
by creating a new subparagraph (G)
and
by creating n
ew paragraphs (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

amounts
set forth in this paragraph is 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 doll
ars ($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

may
be imprisoned for a term not more than
five (5)

years

one (1) year
, fined not more than
five thousand dollars ($5,000.00), or both

three thousand dollars ($3,000.00), required to complete a drug counseling and rehabilitation program or any combination thereof
. 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 secon
d offense
, including any other offenses related to possession of controlled substances, may be
punished based on the amount of marihuana in his possession as follows
:

(A)

Possession of marihuana i
n an amount no more than one (1) ounce but greater than one
‑
half (1/2) ounce shall be subject to a civil penalty of
not more than
one hundred dollars ($100.00);

(B)

Possession of marihuana i
n an amount no more than one
‑
half (1/2) ounce shall be subject to a civil penalty
of not more than
fifty dollars ($50.00).

(vii)

And has in his possession marihuana for a third or subsequent offense
, including any other offenses related to controlled substances,
in an amount
of
no
t
more than one (1) ounce
shall be punished by one (1) or more of the following
:

(A)

Mandatory counseling;

(B)

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

(C)

Imprisonment for not more than thirty (30) days;

(D)

Probation 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,
201
6
.

(END)

1
HB0003