Marihuana and THC products policy reform act.

2017
STATE OF WYOMING
17LSO-0536
ENGROSSED
2.1

HOUSE BILL

NO.

HB0197

Marihuana and THC products policy reform act.

Sponsored by:
Representative(s) Olsen, Blackburn, Brown, Clem, Eyre, Furphy, Henderson, Jennings, Lone, Pownall, Salazar, Steinmetz and Winters and Senator(s) Christensen, Driskill and Hicks

A BILL

for

AN ACT relating to controlled substances; providing penalties for possession of marihuana in plant form and tetrahydrocannabinol products in specified amounts; creating an elevated misdemeanor offense for possession of such products as specified; amending a provision related to determination of weight; making a conforming amendment; and providing for an effective date.

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

Section 1
.

W.S.
6
‑
10
‑
101 and
35
‑
7
‑
1031(c
)(
i)(
A
), (iii)
,
by creating a new paragraph (vi)
and (d)

are
amended to read:

6
‑
10
‑
101
.

"Felony" and "misdemeanor" defined.

Unless otherwise specified by law, c
rimes which may be punished by death or by imprisonment for more than one (1) year are felonies
.

and
a
ll other crimes are misdemeanors.

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 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)

Except as provid
ed in paragraph (c
)(
vi) of this section, f
or a controlled substance in plant form, no more than three (3) ounces;

(iii)

And has in his possession any other controlled substance classified in Schedule I, II or III in an amount greater than set forth in paragraph (c)(i)
or
(vi)
of this section, is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both;

(vi)

And
has in his possession marihuana
in plant form in an amount not to exceed three (3) ounces or THC
product in an amount not to exceed
eight (8) ounces
,
is guilty
in accordance with the following:

(A)

O
f a misdemeanor punishable by imprisonment for not more than twenty (20) days, a fine of not more than two hundred dollars ($200.00), or both
;

(B)

On a
second conviction
within
five
(
5
) years
, excluding periods of incarceration,
after a conviction for a violation of this paragraph or violation of similar laws in other jurisdictions, of
a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both
;

(C)

On a
third conviction
within
five
(
5
) years
, excluding periods of incarceration,
after a
conviction for a violation of this paragraph or violation of similar laws in other jurisdictions
,
of
an elevated
misdemeanor
punishable by imprisonment
in county jail
for not more than
two (2
) years, a fine of not more than five thousand dollars ($5,000.00), or both
;

(D)

On a
fourth or subsequent conviction within
five
(
5
) years
, excluding periods of incarceration,
after a conviction for a violation of this paragraph or violation of similar laws in other jurisdictions, of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both;

(E)

As used in this paragraph, "
THC
product" means a preparation, compound, mixture or substance not in plant form which 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.

(d)

For purposes of determining the weights to be given the controlled substances under this section, the weights designated in this section shall include the weight of the controlled substance and the weight of any carrier element, cutting agent, diluting agent or any other substance excluding packaging material
or container
.

Section

2
.

This
act is effective July 1,
201
7
.

(END)

1
HB0197