Cannabis authorization.

2017
STATE OF WYOMING
17LSO-0316
Introduced
1.3

House

Joint Resolution
NO.

HJ0011

Cannabis authorization.

Sponsored by:
Representative(s) Byrd and Baker

A
JOINT RESOLUTION

for

A JOINT RESOLUTION proposing to amend the Wyoming Constitution to permit the cultivation, manufacture, use, possession and sale of cannabis for persons twenty-one (21) years of age or older and to provide for the taxation, regulation and inspection thereof.

BE
IT RESOLVED BY THE LEGISLATURE OF THE STATE OF WYOMING,
two-thirds of all the members of the two houses, voting separately, concurring therein:

Section 1.
The following proposal to
create
Wyoming Constitution, Article
19
,
Section

12
is proposed for submission to the electors of the State of Wyoming at the
next general election for approval or rejection to become valid as a part of the Constitution if ratified by a majority of the electors at the election:

Article 19, Section 1
2
.

Cannabis
.

(a)

On and after the first day of July, 2019, the
use and possession
of up to three (3) ounces plant or five hundred (500) milligrams extracted cannabis, the cultivation in the home of up to six (6) plants, up to three (3) of which may be mature, and the possession in the home of all cannabis derived from such plants shall be allowed in the state of Wyoming for persons twenty-one (21) years of age and older.

(b)

As used in this article, "cannabis" shall include all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, concentrate or preparation of the plant, its seeds or its resin, as well as products such
as food, beverages, extracts and tinctures derived
from
or containing cannabis.

(c)

On or before the first day of July, 2019, the liquor division shall begin licensing cannabis establishments, including cultivation, production, distribution, sales and consumption facilities and independent testing laboratories. The liquor division shall have
rulemaking authority
consistent with implementation of this article and implementing legislation.

(d)

The legislature
shall pass any
law
s necessary and proper to implement this article. No laws or regulation shall prohibit the operation of cannabis establishments, either expressly or by making their operation unreasonably impracticable. The legislature shall provide
for:

(
i
)

A
system of inspection and such other regulations as may be necessary for the
oversight and quality assurance
of
independent cannabis testing laboratories and all other establishments;

(ii)

The protection of individual freedom and privacy with respect to the use, cultivation and other noncommercial conduct;

(iii)

The prohibition of underage use and vehicular operation under the influence;

(iv)

The implementation of standards for quality, packaging, labeling and advertising, including provisions designed to ensure cannabis is not targeted to or accessible to minors;

(v)

The imposition of civil penalties for failure to comply;

(vi)

The
exemption of employers from accommodating any use other than certain medical use;

(vii)

The separate regulation of industrial hemp; and

(viii)

Geographic diversity of cultivation and other facilities.

(e)

The legislature shall provide by law for an excise tax on cannabis sold or otherwise transferred by any licensed facility. Such tax shall be in addition to any other excise, severance or ad valorem tax. The first twenty million dollars ($20,000,000.00) in proceeds annually from such excise tax shall be used for the support of public schools in the state, and any proceeds thereafter annually shall be credited to the state general fund. The legislature shall provide for separate taxation for medical cannabis and for industrial hemp.

Section 2.
That the Secretary of State shall endorse the following statement on the proposed amendment:

The adoption of this amendment would
permit the cultivation, manufacture, use, possession and sale of cannabis
for persons twenty-one (21) years of age or older and would
provide for the taxation
, regulation
and inspection of cannabis facilities. It provides the first twenty million dollars ($20,000,000.00) in annual proceeds

from the excise tax on cannabis shall be used for the support of public schools.

(END)

1
HJ0011