Possession of controlled substances-subsequent offenses.

2017
STATE OF WYOMING
17LSO-0353
Introduced
1.3

HOUSE BILL

NO.

HB0145

Possession of controlled substances-subsequent offenses.

Sponsored by:
Representative(s) Pelkey, Barlow, Connolly, Lindholm, Miller and Schwartz and Senator(s) Case and Rothfuss

A BILL

for

AN ACT relating to controlled substances; amending penalties for subsequent offenses under the Wyoming Controlled Substance Act of 1971 as specified; providing applicability; 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) 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 guilty of a misdemeanor punishable 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
fourth
or subsequent offense
if the offense occurred
within five (5) years after a conviction for a violation

under

this paragraph,
including convictions for violations of similar laws in other jurisdictions,
shall be imprisoned for a term not more than five (5) years, fined not more than five thousand dollars ($5,000.00), or both. For purposes of this paragraph, the amounts of a controlled substance are as follows:

Section 2.

This act shall apply to convictions in which the fourth or subsequent offense leading to the conviction occurred on or after July 1, 2017.

Section
3.

This
act is effective July 1,
201
7
.

(END)

1
HB0145