Marihuana possession of less than three ounces.

2017
STATE OF WYOMING
17LSO-0317
Introduced
1.3

HOUSE BILL

NO.

HB0157

Marihuana possession of less than three ounces.

Sponsored by:
Representative(s) Baker, Barlow, Byrd, Clem, Halverson, Lindholm, Loucks, Pelkey and Zwonitzer and Senator(s) Case and Rothfuss

A BILL

for

AN ACT relating to food and drugs; creating a civil penalty for specified amounts of marihuana and marihuana products; 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)
,
(B),
by creating new subparagraph
s
(G)
and (H) and
by creating
a
new paragraph (vi)

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 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 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:

(A)

Exc
ept as provided in
sub
paragraph (
G
)

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

(B)

Except as provided in
sub
paragraph (
H
)

of this
paragraph
, f
or a controlled substance in liquid form, no more than three
‑
tenths (3/10) of a gram;

(G)

For marihuana in plant form, more than three (3) ounces
;

(H)

For marihuana product, more than five hundred
(500)

milligrams combined
of tetrahydrocannabinol and tetrahydrocannabinolic acid. As used in this subsection, "marihuana product" means a preparation,
compound, mixture or substance not in plant form that contains marihuana or tetrahydrocannabinols intended for consumption or use without further preparation including, but not limited to, baked goods, candies, edibles, ointments, potable liquids, tinctures or any other similar form containing marihuana or tetrahydrocannabinols.

(vi)

And has in his possession marihuana in an amount of three (3) ounces or less, or marihuana product in an amount of five hundred

(500)
milligrams
combined, or less, of tetrahydrocannabinol and tetrahydrocannabinolic acid, shall be subject to a civil penalty of not more than two hundred dollars ($200.00).

Section

2
.

This
act is effective July 1,
201
7
.

(END)

1
HB0157