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21LSO-0289
2021
STATE OF WYOMING
21LSO-0289
Numbered
2.0
SENATE FILE NO. SF0090
Hemp prohibitions and requirements.
Sponsored by: Senator(s) Kost, Boner, Driskill and Gierau and Representative(s) Flitner and Harshman
A BILL
for
AN ACT relating to hemp production; prohibiting the use of smokable hemp in public; prohibiting the sale of smokable hemp to those under age twenty-one; providing criminal and other penalties; requiring labeling of edible hemp products as specified; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 11
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51
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108 and 14
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3
‑
109 are created to read:
11
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51
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108.
Prohibited uses of hemp; penalties.
(a)
No individual shall knowingly or intentionally smoke any product containing hemp in a public place. An individual who violates this subsection is guilty of a misdemeanor punishable as follows:
(i)
For a first offense, by a fine of not more than fifty dollars ($50.00);
(ii)
For a second offense, by a fine of not more than one hundred dollars ($100.00);
(iii)
For a third or subsequent offense, by a fine of not more than five hundred dollars ($500.00).
14
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3
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109.
Sale of smokable hemp products; penalty.
(a)
No person shall sell, offer for sale, give away or deliver smokable hemp or smokable hemp products to any person under the age of twenty
‑
one (21) years.
(b)
Any person violating subsection (a) of this section is guilty of a misdemeanor punishable by a fine of not more than:
(i)
Two hundred fifty dollars ($250.00) for a first violation. The court may allow the defendant to perform community service and be granted credit against his fine and court costs at the rate of ten dollars ($10.00) for each hour of work performed;
(ii)
Five hundred dollars ($500.00) for a second violation committed within a twenty
‑
four (24) month period, regardless of the locations where the violations occurred. The court may allow the defendant to perform community service and be granted credit against his fine and court costs at the rate of ten dollars ($10.00) for each hour of work performed;
(iii)
Seven hundred fifty dollars ($750.00) for a third or subsequent violation committed within a twenty
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four (24) month period, regardless of the locations where the violations occurred. The court may allow the
defendant to perform community service and be granted credit against his fine and court costs at the rate of five dollars ($5.00) for each hour of work performed.
(c)
No retailer shall sell, permit the sale, offer for sale, give away or deliver smokable hemp or smokable hemp products to any person under the age of twenty
‑
one (21) years.
(d)
Any person violating subsection (c) of this section is guilty of a misdemeanor punishable by a fine of not more than:
(i)
Two hundred fifty dollars ($250.00) for a first violation;
(ii)
Five hundred dollars ($500.00) for a second violation committed during a twenty
‑
four (24) month period;
(iii)
Seven hundred fifty dollars ($750.00) for a third or subsequent violation committed during a twenty
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four (24) month period.
(e)
In addition to the penalties under paragraph (d)(iii) of this section, any person violating subsection (d) of this section by committing a third or subsequent offense within a twenty
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four (24) month period may be subject to an injunction. The department of revenue or the district attorney of the county in which the offense occurred, may petition the district court for an injunction to prohibit the sale of smokable hemp products in the establishment where the violation occurred. If the court finds that the respondent in the action has violated the provisions of subsection (d) of this section for a third or subsequent time within a two (2) year period and may continue to violate such provisions, it may grant an injunction prohibiting the respondent from selling smokable hemp products in the establishment where the violation occurred for a period of not more than one hundred eighty (180) days.
For the purposes of this subsection, multiple violations occurring before the petition for the injunction is filed shall be deemed part of the violation for which the injunction is sought. If the person against whom the injunction is sought operates multiple, geographically
separate establishments, the injunction shall apply only to the establishment where the violation occurred.
The injunction shall prohibit all sales of smokable hemp products in the establishment where the violation occurred, regardless of any change in ownership or management of the establishment that is not a bona fide, arms-length transaction while the injunction is in effect.
(f)
It is an affirmative defense to a prosecution under subsections (b) and (d) of this section that, in the case of a sale, the person who sold the smokable hemp product was presented with, and reasonably relied upon, an identification card which identified the person buying or receiving the smokable hemp product as being over twenty
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one (21) years of age.
Section 2.
W.S. 11
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51
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102(b) and by creating a new subsection (c) and 35
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7
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1063(a)(iii) are amended to read:
11
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51
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102.
Hemp as agricultural crop; use of hemp.
(b)
Notwithstanding the requirements of this chapter, the possession, purchase, sale, transportation and use of hemp and hemp products by any person is allowable
without restriction
except as provided in W.S. 11
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51
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108 and 14
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3
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109
.
(c)
Any hemp product marketed or intended for consumption as food or beverage shall include a label on the packaging of the product that lists all active and inactive ingredients in the food or beverage product that contains hemp or cannabidiol. Nothing in this subsection shall be construed to supersede any other applicable federal or state labeling requirements.
35
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7
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1063.
Exceptions to provisions.
(a)
The provisions and penalties of this chapter shall not apply to:
(iii)
Hemp production, processing or testing in accordance with the provisions of W.S. 11
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51
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101 through
11
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51
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107
11
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51
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108 and 14
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3
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109
.
Section 3
.
This act is effective July 1, 2021
.
(END)
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SF0090