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22LSO-0405
2022
STATE OF WYOMING
22LSO-0405
Numbered
2.0
HOUSE BILL NO. HB0143
Wyoming medical cannabis.
Sponsored by: Representative(s) Burt, Baker, Banks, Barlow, Henderson, LeBeau, Olsen, Provenza, Sweeney and Wharff and Senator(s) Case
A BILL
for
AN ACT relating to medical marijuana; creating the Wyoming Patient Cannabis Act of 2022; providing for the acquisition, growth, cultivation, extraction, production, processing, manufacture, testing, distribution, use, retail sales, licensing, transportation and taxation of medical marijuana and medical marijuana-derived products; providing for the operation of medical marijuana establishments; authorizing regulation by the Wyoming department of revenue liquor division; preventing local regulation prohibiting the development or operation of medical marijuana establishments; preventing prescription of synthetic marijuana; requiring rulemaking; conforming provisions; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 12
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11
‑
101, 12
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11
‑
102, 12
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11
‑
201 through 12
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11
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206 and 12
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11
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301 through 12
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11
‑
305 are created to read:
TITLE 12
ALCOHOLIC BEVERAGES AND CANNABIS
CHAPTER 11
MEDICAL MARIJUANA
ARTICLE 1
GENERAL PROVISIONS
12
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11
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101.
Short title; definitions.
(a)
This chapter may be cited as the "Wyoming Patient Cannabis Act of 2022."
(b)
As used in this chapter, unless the context otherwise requires:
(i)
"Cannabis" means marijuana, marihuana, hashish, tetrahydrocannabinol or any plant or any plant products or byproducts from the genus of flowering plant in the family
Cannabaceae
;
(ii)
"Cannabinoids" means the chemical compounds in cannabis having a variety of pharmacologic properties;
(iii)
"Caregiver" means a person licensed by the division, other than a patient or the patient's health care provider, who is twenty
‑
one (21) years of age or older and who is the person designated by a patient as the person authorized, on the patient's behalf, to obtain, possess and transport from a certified medical marijuana dispensary, and dispense and assist in the administration of medical marijuana, medical marijuana
‑
derived products or medical marijuana accessories;
(iv)
"Debilitating medical condition" means cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, multiple sclerosis, Parkinson's disease, Crohn's disease, sickle
‑
cell anemia, ulcerative colitis, dementia, Alzheimer's disease, Tourette's syndrome or any chronic movement disorder, any terminal condition, or any treatment that produces, for a specific patient, one (1) or more of the following symptoms, and which, in the professional opinion of the patient's health care provider, may be alleviated by the use of medical marijuana or medical marijuana
‑
derived products: cachexia, post
‑
traumatic stress disorder, anxiety, autism, opiate dependency, daily nausea, migraines, seizures including those that are characteristic of epilepsy, intractable pain or persistent muscle spasms including those that are characteristic of multiple sclerosis;
(v)
"Dispense" means the provision of medical marijuana or medical marijuana
‑
derived products by a
medical marijuana dispensary to a patient or caregiver for remuneration;
(vi)
"Division" means the Wyoming department of revenue liquor division;
(vii)
"Health care provider" means a physician, physician assistant or nurse practitioner who maintains a license in good standing to practice medicine issued by the state of Wyoming and who is licensed, registered or otherwise permitted by the United States or the jurisdiction in which the person practices to dispense a controlled substance in the course of professional practice;
(viii)
"Marijuana" means as defined in W.S.
35
‑
7
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1002;
(ix)
"Marijuana accessories" means any equipment, products or material of any kind that are used, intended or designed for vaporizing, ingesting, inhaling or
otherwise introducing medical marijuana into the human body;
(x)
"Marijuana testing facility" or "MTF" means a licensed marijuana testing facility responsible for testing potency, purity, chemical profile and safety of medical marijuana and medical marijuana
‑
derived products;
(xi)
"Medical marijuana" means cannabis or marijuana, including its chemical constituents THC and other cannabinoids, recommended by a licensed health care provider to be used as a therapeutic or treatment modality;
(xii)
"Medical marijuana certification" means a form established by the division that is executed and signed by a health care provider stating that the patient has a debilitating medical condition for which the use of medical marijuana or medical marijuana
‑
derived products is indicated. "Medical marijuana certification" does not mean a prescription;
(xiii)
"Medical marijuana cultivation facility" or "MCF" means one (1) or more structures in which, or the real property on which, an entity is licensed to acquire, possess, cultivate, harvest, dry or cure, process, store, deliver, package, transport or prepare and label medical marijuana that is available for testing or sale to other licensed medical marijuana establishments but not to consumers;
(xiv)
"Medical marijuana dispensary" or "MMD" means a facility licensed by the division that distributes medical marijuana and medical marijuana
‑
derived products for remuneration to patients and caregivers certified under this chapter;
(xv)
"Medical marijuana establishment" or "
MME
" means a medical marijuana cultivation facility, a medical marijuana
‑
derived product manufacturing facility, a medical marijuana testing facility or a medical marijuana dispensary facility;
(xvi)
"Medical marijuana
‑
derived product" means any product derived from marijuana that is intended to be used by a patient with a medical marijuana certification to treat or alleviate a debilitating medical condition, and intended for use or consumption, such as edible products, marijuana concentrates, sprays, ointments, transdermal patches, capsules, tablets and tinctures;
(xvii)
"Medical marijuana
‑
derived product manufacturing facility" or "
MDP
" means a facility licensed by the division to extract cannabinoids from medical marijuana to acquire, possess, develop, process, manufacture, package, transport, prepare and label medical marijuana for use in medical marijuana
‑
derived products available for testing or sale to other licensed medical marijuana establishments but not to consumers;
(xviii)
"Micro
‑
medical marijuana cultivation facility" means a medical marijuana cultivation facility that does not exceed two thousand five hundred (2,500) square feet;
(xix)
"Nonvolatile solvent" is any solvent that is not easily evaporated at normal temperatures and is used in processing medical marijuana or medical marijuana
‑
derived products. Examples include carbon dioxide, ethanol, water, butter and oil;
(xx)
"Patient" means a Wyoming resident who has a debilitating medical condition and who holds a current medical marijuana certification or a person from another state who has a current valid medical marijuana certification issued by the person's state of residency in compliance with all applicable laws;
(xxi)
"Transfer" means the provision, without remuneration, of medical marijuana by a person possessing a valid medical marijuana certification to another person possessing a valid medical marijuana certification or a caregiver's license, pursuant to W.S. 12
‑
11
‑
202(a)(iii);
(xxii)
"Unreasonably impracticable" means that the measures necessary to comply with a regulation under this chapter would require such a high investment of risk,
money, time or any other resource or asset that the operation of a medical marijuana establishment would not be feasible to be carried out in practice by a reasonably prudent businessperson;
(xxiii)
"Volatile solvent" is a solvent that produces a flammable gas or vapor and is used in processing medical marijuana or medical marijuana
‑
derived products. Examples include butane, hexane and propane.
(c)
As used in this chapter, the pre
‑
mixed weight of medical marijuana extract used in making a medical marijuana
‑
derived product shall apply toward the limit on the total amount of medical marijuana
‑
derived products a patient
or caregiver with a valid medical marijuana certification may purchase for the patient's monthly allotment or possess, display, transfer or transport away from the patient's or caregiver's residence.
12
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11
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102.
Severability and conflicting provisions.
(a)
The provisions of this Wyoming Patient Cannabis Act of 2022 shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(b)
The provisions of this Wyoming Patient Cannabis Act of 2022 shall be liberally constructed to effectuate its purposes and shall supersede all conflicting state and local laws, charters and regulations.
(c)
Nothing in this chapter requires the violation of federal law or purports to give immunity under federal laws.
ARTICLE 2
REGULATION AND LIMITATIONS
12
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11
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201.
Medical marijuana certification; debilitating medical conditions.
(a)
A patient with a debilitating medical condition may acquire, administer, purchase, possess, transport,
transfer and use, and a patient's licensed caregiver may acquire, administer, purchase, possess, transport and transfer, medical marijuana and medical marijuana
‑
derived products pursuant to a valid medical marijuana certification. A health care provider, after examining a patient and determining that the patient has a debilitating medical condition, may issue a medical marijuana certification if:
(i)
The health care provider has established a relationship with the patient, formed for the purpose of the health care provider providing medical diagnosis or treatment to the patient, whether or not for compensation, and has completed a full assessment of the patient's medical history and current medical condition;
(ii)
The health care provider determines that the risk of the patient's use of medical marijuana is reasonable in light of the potential benefit;
(iii)
The health care provider has explained the risks and benefits of using medical marijuana to the
patient. If the patient is younger than eighteen (18) years of age, treatment involving medical marijuana shall not be provided without consent by at least one (1) custodial parent, guardian, conservator or other person with lawful authority to consent to the patient's medical treatment;
(iv)
The medical marijuana certification shall expire one (1) year from the date issued and may thereafter be considered for recertification.
(b)
Neither law enforcement of this state or of a political subdivision of this state nor an occupational licensing board shall initiate an administrative, civil or criminal investigation of, deny any professional right or privilege to or pursue professional disciplinary action against a health care provider authorized by this chapter, solely on the ground that the health care provider:
(i)
Discussed with a patient the use of medical marijuana as a treatment option;
(ii)
Issued a medical marijuana certification in compliance with all relevant provisions of this chapter; or
(iii)
Otherwise made a written or oral statement that, in the health care provider's professional opinion, the potential health benefits of the patient using medical marijuana would likely outweigh the health risks.
12
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11
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202.
Use of Medical Marijuana.
(a)
Notwithstanding any other provisions of law, it is lawful, and shall not be an offense under Wyoming law or the law of any locality within Wyoming or be a basis for seizure or forfeiture of assets under Wyoming law, for a person with a valid medical marijuana certification to:
(i)
Purchase from a licensed medical marijuana dispensary not more than four (4) ounces of medical marijuana and twenty (20) grams of medical marijuana
‑
derived products in a thirty (30) day period;
(ii)
Possess, display, transfer or transport marijuana accessories and not more than four (4) ounces of medical marijuana and not more than twenty (20) grams of medical marijuana
‑
derived products on their person, away from their residence;
(iii)
Possess, grow, process, manufacture, transfer or transport not more than eight (8) mature flowering marijuana plants, provided that the growing takes place in an enclosed space that is inaccessible to minors, is not conducted publicly and medical marijuana or its equivalent in medical marijuana
‑
derived products produced by the plants on the premises where the plants were grown is not made available for sale;
(iv)
Transfer not more than four (4) ounces of medical marijuana, or its equivalent in medical marijuana
‑
derived products, without remuneration to another patient with a valid medical marijuana certification; or a licensed caregiver on behalf of a patient with a valid medical marijuana certification;
(v)
Consume medical marijuana or medical marijuana
‑
derived products, provided that nothing in this section shall permit consumption in a manner that endangers others or smoking or vaping that is conducted openly and publicly except when treating an immediate medical emergency in accordance with W.S. 12
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11
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204(f); and
(vi)
Assist another person with a valid medical marijuana certification in any of the acts described in paragraphs (i) through (v) of this subsection.
12
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11
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203.
Wyoming department of revenue liquor division.
(a)
The Wyoming department of revenue liquor division shall regulate the acquisition, growth, cultivation, extraction, production, processing, manufacturing, testing, distribution, retail sales, licensing, transportation and taxation of medical marijuana and medical marijuana
‑
derived products and the operation of medical marijuana establishments. Regulation shall:
(i)
Not be excessively burdensome for patients to access medical marijuana or medical marijuana
‑
derived products;
(ii)
Not be burdensome for health care providers to certify their patients.
(b)
The division shall promulgate rules in accordance with the Wyoming Administrative Procedure Act to facilitate this chapter's implementation, enforcement and continuing operation.
(c)
Division rules shall not prohibit the operation of medical marijuana establishments, either expressly or through regulations that make their operations unreasonably impracticable.
(d)
Rules promulgated under this section shall include:
(i)
Procedures for the application for, and the issuance, renewal, transfer, suspension and revocation of, a license to operate a medical marijuana establishment;
(ii)
A schedule of application, licensing and renewal fees to be paid to the division, set and revised as necessary to recover the expenses of administering this act;
(iii)
Qualifications for licensure that are directly and demonstrably related to medical marijuana establishment operations;
(iv)
Qualifications for occupational licensure for persons to be employed by, manage or otherwise operate medical marijuana establishments;
(v)
Requirements for testing the safety, potency and chemical constituency of medical marijuana and medical marijuana
‑
derived products to include, at minimum, potency in both percentage and milligrams and measuring at least five (5) cannabinoids and at least seven (7) terpenes;
(vi)
Labeling requirements for medical marijuana and medical marijuana
‑
derived products sold or distributed by a medical marijuana establishment to include, at minimum, potency in both percentage and milligrams and measuring at least five (5) cannabinoids and at least seven (7) terpenes;
(vii)
Prohibitions on the promotion, advertising and display of medical marijuana and medical marijuana
‑
derived products to persons without a valid medical marijuana certification;
(viii)
Research and reporting requirements.
(e)
The division shall conduct a biennial audit of each medical marijuana establishment to certify, at a minimum, that the medical marijuana establishment is in compliance with all applicable rules and regulations. If the division determines that a medical marijuana establishment is in material noncompliance with applicable rules and regulations, the division may order remedial
action. If an establishment fails to comply with the division's remedial action order within a reasonable time period set forth by that order, the division may suspend or revoke the medical marijuana establishment's license.
(f)
The division shall issue a biennial license to a medical marijuana establishment applicant not later than sixty (60) days after receipt of the completed application unless the division finds the applicant is not eligible for a license under applicable laws and rules. Once granted a license, licensees shall be entitled to have their licenses renewed pursuant to the division's rules, unless the division determines that the licensee has failed to comply with applicable laws and rules and remedial orders issued by the division. A renewal shall be issued or denied as near as practicable to the expiration of a licensee's current license. All licenses issued by the division pursuant to this act are subject to the provisions of W.S. 16
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3
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113.
(g)
The division may employ necessary and qualified persons, including enforcement agents, and may retain
services of qualified third parties, including experts, to perform its duties.
12
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11
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204.
General provisions; limitations.
(a)
No person shall consume medical marijuana or medical marijuana
‑
derived products, by method of smoking or vaping, in any public place, or in, or on the grounds of, a public or chartered non
‑
public elementary or secondary school, a state certified day care center or a correctional facility, in a vehicle, aircraft, train or undocked or unmoored motorboat, except when treating an immediate medical emergency in accordance with subsection (f) of this section.
(b)
No person shall operate, navigate or be in actual physical control of any vehicle, aircraft, train or motorboat while impaired due to use of medical marijuana or medical marijuana
‑
derived products. In no instance shall the presence of a medical cannabis certification be the sole cause to suspect the patient is operating a vehicle under the influence under title 31, chapter 5, article 2.
(c)
Nothing in this section shall prohibit a patient from possessing or using medical marijuana in accordance with a medical marijuana certification except for the prohibition on operating or being in physical control of a vehicle, aircraft, train or motorboat under subsection (b) of this section.
(d)
No person shall knowingly sell or transfer medical marijuana or medical marijuana
‑
derived products to a person without a valid medical marijuana certification or to a caregiver without a valid license.
(e)
Nothing in this chapter is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display or transportation of medical marijuana, medical marijuana
‑
derived products or medical marijuana accessories in the workplace or to affect an employer's ability to restrict use of such products by employees, except when the employee is treating an immediate emergency in accordance with subsection (f) of this section.
(f)
When treating an immediate medical emergency a patient may
self administer
or caregiver may administer medical marijuana or medical marijuana
‑
derived products to a patient openly or publicly, subject to the same conditions applied to the administration of prescribed medications.
(g)
No person shall have an ownership interest in, or be an officer or director of, a medical marijuana establishment who is under the age of twenty
‑
one (21) or who has been convicted of a violent felony offense within the previous five (5) years. No person shall continue to have ownership interest in, or be an officer or director position with, a medical marijuana establishment upon conviction of a violent felony and exhaustion of any appeals.
(h)
No person who has served in the Wyoming legislature or directly worked on the licensing of, the development of department rules or enforcement of rules and regulations, shall have an ownership interest in or be an
officer or director of a medical marijuana establishment for a term of seven (7) years following enactment of this chapter.
(j)
No person under the age of twenty
‑
one (21) shall be permitted on the premises of a medical marijuana establishment, except that a patient eighteen (18) to twenty (20) years of age may be on a dispensary's premises for the purpose of obtaining medical marijuana or medical marijuana
‑
derived products pursuant to a medical marijuana certification issued for that patient.
(k)
A person with a valid medical marijuana certification may purchase, possess, transfer, transport, use and share marijuana accessories within this state with other persons with valid medical marijuana certifications.
(m)
The division shall establish and implement a system for real
‑
time tracking and monitoring of all medical marijuana and medical marijuana
‑
derived products from the initial germination through the final patient transaction in an effort to mitigate and prevent traffic of medical
marijuana and medical marijuana
‑
derived products outside of regulations under the Wyoming Patient Cannabis Act of 2022.
12
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11
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205.
Enforcement; penalties.
(a)
Any medical marijuana establishment, patient or caregiver who violates any provision of this chapter or any rule promulgated pursuant to this chapter shall be subject to a corrective action plan. The corrective action plan may include reporting requirements, additional inspections or suspension of a license or certification, steps necessary to restore a license or certification.
(b)
Any person who intentionally violates this chapter is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
(c)
If any person has three (3) or more violations of this chapter or any rule promulgated pursuant to this chapter within five (5) years, the division shall revoke the person's license or certification and the person shall
be ineligible for licensure or certification under this article for five (5) years.
12
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11
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206.
Taxation of Marijuana Revenue.
Each medical marijuana establishment shall be subject to, and pay, any state commercial activities tax, including any applicable sales, use or excise taxes as apply to businesses in general, and all other local taxes, assessments, fees, and charges as apply to businesses in general.
ARTICLE 3
MEDICAL MARIJUANA ESTABLISHMENTS
12
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11
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301.
Locations of establishments; subject to general regulations.
(a)
No medical marijuana establishment shall be located within two hundred (200) yards of the primary building structure used for a publicly
‑
owned library, a public or chartered nonpublic elementary or secondary
school, a state certified day care center or a public playground adjacent to any of the aforementioned primary building structures, so long as the structure was in existence within the two hundred (200) yards zone on or before the date of an applicant's first application for a license for a MCF,
MDP
, MMT or MMD facility.
(b)
A MCF,
MDP
and MMD, or any combination of the three (3), may be located at the same location but each shall be physically separated from the other with a separate door and separate cash register, point of sale or other business operations.
(c)
Medical marijuana establishments shall be subject to all applicable state and local laws and regulations related to building codes and signage. Notwithstanding the foregoing, no local zoning, land use laws, agriculture regulations, subdivision regulations or similar provisions shall prohibit the development or operation of medical marijuana establishments, provided that no medical marijuana establishment shall be located in a district zoned exclusively residential as of the date that an
application for license is first filed by an MCF,
MDP
, MTF or MMD facility.
(d)
Medical marijuana establishments shall be subject to all applicable state and local food safety regulations and licensing.
12
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11
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302.
Medical marijuana dispensary (MMD).
(a)
Medical marijuana and medical marijuana
‑
derived products shall only be dispensed and sold for remuneration to patients and caregivers by medical marijuana dispensaries licensed under this chapter, in accordance with a current medical marijuana certification issued by the patient's current treating health care provider.
(b)
The division shall issue licenses to, and shall promulgate and enforce rules governing the operations of, medical marijuana dispensaries. All application and licensing fees for
MMDs
shall be issued and charged per location and shall not exceed:
(i)
A nonrefundable application fee of not more than three thousand dollars ($3,000.00);
(ii)
An initial licensing fee of not more than fifteen thousand dollars ($15,000.00);
(iii)
A renewal fee of not more than ten thousand dollars ($10,000.00).
(c)
A MMD facility may:
(i)
Purchase, acquire, possess, handle, store, receive, dispense, display, deliver, sell or transport marijuana accessories, medical marijuana or medical marijuana
‑
derived products from other licensed medical marijuana establishments and that are properly tested and labeled in accordance with rules promulgated by the division;
(ii)
Handle, deliver or transport medical marijuana accessories, medical marijuana or medical
marijuana
‑
derived products to a patient with a valid medical marijuana certification.
(d)
If the division determines as part of its biennial audit that an MMD is in material noncompliance with applicable laws or regulations, the division may order remedial action. If the MMD fails to materially comply with the division's remediation order within a reasonable time period set forth by the order, the division may suspend or revoke the
MMD's
license.
12
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11
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303.
Medical marijuana cultivation facility (MCF).
(a)
The growth and cultivation of medical marijuana within this state shall be lawful only at licensed medical marijuana cultivation facilities, except as otherwise provided in W.S. 12
‑
11
‑
202(a)(iii).
(b)
The division shall issue licenses to, and shall promulgate and enforce rules governing the operations of, medical marijuana cultivation facilities. All application
and licensing fees for
MCFs
shall be issued and charged per location and shall not exceed:
(i)
A nonrefundable application fee of not more than three thousand dollars ($3,000.00);
(ii)
For a micro
‑
medical marijuana cultivation facility a license fee of not more than fifteen thousand dollars ($15,000.00);
(iii)
For a MCF with an area between two thousand five hundred one (2,501) square feet and five thousand (5,000) square feet, a license fee of not more than thirty thousand dollars ($30,000.00) and a renewal fee of not more than twenty thousand dollars ($20,000.00);
(iv)
For a MCF with an area between five thousand one (5,001) square feet and ten thousand (10,000) square feet, a license fee of not more than fifty thousand dollars ($50,000.00) and a renewal fee of not more than thirty thousand dollars ($30,000.00);
(v)
For a MCF with an area between ten thousand one (10,001) square feet and fifteen thousand (15,000) square feet, a license fee of not more than one hundred thousand dollars ($100,000.00) and a renewal fee of not more than fifty thousand dollars ($50,000.00);
(vi)
For a MCF with an area of more than fifteen thousand one (15,001) square feet, a license fee of not more than one hundred fifty thousand dollars ($150,000.00) and a renewal fee of not more than one hundred thousand dollars ($100,000.00).
(c)
A licensed MCF, or its designated employees or agents:
(i)
May acquire, handle, sell, store, deliver, or transport medical marijuana to a licensed
MDP
facility, a licensed MMT facility or a licensed MMD facility or between one (1) or more other licensed
MCFs
;
(ii)
Shall not sell, deliver, transport or transfer medical marijuana, medical marijuana
‑
derived products and marijuana accessories directly to patients.
(d)
If the division determines as part of its biennial audit that a MCF is in material noncompliance with applicable laws or regulations, the division may order remedial action. If the MCF fails to materially comply with the division's remediation order within a reasonable time period set forth by the order, the division may suspend or revoke the
MCF's
license.
12
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11
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304.
Medical marijuana
‑
derived product manufacturing facility (
MDP
).
(a)
The extraction of cannabinoids, and the processing, manufacturing and packaging of medical marijuana
‑
derived products shall be lawful only at a licensed medical marijuana
‑
derived product manufacturing facility (
MDP
), except as otherwise provided in W.S. 12
‑
11
‑
202(a)(iii).
(b)
The division shall issue licenses to, and shall promulgate and enforce rules governing the operations of, medical marijuana
‑
derived product manufacturing facilities. All application and licensing fees for
MCFs
shall be issued and charged per location and shall not exceed:
(i)
A nonrefundable application fee of not more than three thousand dollars ($3,000.00);
(ii)
For a
MDP
facility with an area of two thousand five hundred (2,500) square feet or less, a license fee of not more than fifteen thousand dollars ($15,000.00);
(iii)
For a
MDP
facility with an area between two thousand five hundred one (2,501) square feet and ten thousand (10,000) square feet, a license fee of not more than thirty thousand dollars ($30,000.00) and a renewal fee of not more than fifteen thousand dollars ($15,000.00);
(iv)
For a
MDP
facility with an area of ten thousand one (10,001) square feet or more, a license fee of
not more than fifty thousand dollars ($50,000.00) and a renewal fee of not more than twenty
‑
five thousand dollars ($25,000.00);
(v)
In addition to a fee under paragraph (i) through (iv) of this subsection, any
MDP
facility that will use volatile solvents shall have an additional licensing fee not to exceed five thousand dollars ($5,000.00).
(c)
The division shall establish rules regulating the labeling of medical marijuana and medical marijuana
‑
derived products and shall ensure that potency, chemical constituents and safety messages are prominently displayed on the products' packaging.
(d)
A licensed
MDP
facility or its designated employees or agents:
(i)
Shall sell medical marijuana
‑
derived products made only from medical marijuana purchased from a licensed MCF;
(ii)
Shall manufacture, process, package and distribute marijuana accessories only to a licensed MMD;
(iii)
May acquire, handle, sell, store, deliver or transport marijuana accessories, medical marijuana or medical marijuana
‑
derived products to another licensed
MDP
facility, a licensed MMT facility or a licensed MMD facility;
(iv)
Shall not sell, deliver, transport or transfer medical marijuana, medical marijuana
‑
derived products or marijuana accessories directly to patients or caregivers.
(e)
If the division determines as part of its biennial audit that a
MDP
facility is in material noncompliance with applicable laws or regulations, the division may order remedial action. If the
MDP
facility fails to materially comply with the division's remediation order within a reasonable time period set forth by the order, the division may suspend or revoke the
MDP
facility's license.
12
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11
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305.
Marijuana testing facility (MTF).
(a)
The testing of medical marijuana and medical marijuana
‑
derived products, for medical use within the state, shall be lawful only at licensed medical marijuana testing facilities.
(b)
An MTF may engage in research related to, and certifying the safety, potency and chemical constituency of medical marijuana and medical marijuana
‑
derived products and perform quality control testing on those products or in connection with a safety, potency and chemical constituency certification process developed by the division.
(c)
The division shall issue licenses to, and shall promulgate and enforce rules governing the operations of, medical marijuana testing facilities. All application and licensing fees for MTFs shall be issued and charged per location and shall not exceed:
(i)
A nonrefundable application fee of not more than three thousand dollars ($3,000.00);
(ii)
A licensing fee of not more than ten thousand dollars ($10,000.00) and a renewal fee of not more than five thousand dollars ($5,000.00).
(d)
If the division determines as part of its biennial audit that an MTF is in material noncompliance with applicable laws or regulations, the division may order remedial action. If the MTF fails to materially comply with the division's remediation order within a reasonable time period set forth by the order, the division may suspend or revoke the MTF's license.
Section 2.
W.S. 35
‑
7
‑
1002(a)(xiv) and (xxvii)(E)(intro), 35
‑
7
‑
1014(d)(xiii) and (xxi), 35
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7
‑
1022 by creating a new subsection (g), 35
‑
7
‑
1031(a)(intro) and (c)(intro), 35
‑
7
‑
1037, 35
‑
7
‑
1038(b), 35
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7
‑
1039, 35
‑
7
‑
1040, 35
‑
7
‑
1049(a)(intro) and (vi), 35
‑
7
‑
1063(a) by creating a new paragraph (iv), 39
‑
15
‑
105(a)(vi)(B) and 39
‑
16
‑
105(a)(vi)(A) are amended to read:
35
‑
7
‑
1002.
Definitions.
(a)
As used in this act:
(xiv)
"Marihuana"
"Marijuana" or "marihuana"
means all parts of the plant of the genus Cannabis, whether growing or not; the seed thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant
which
that
is incapable of germination
. "Marijuana" or "marihuana" does not mean "hemp" as defined in W.S.
11
‑
51
‑
101(a)(iii)
;
(xxvii)
"Drug paraphernalia" means all equipment, products and materials of any kind when used,
advertised for use, intended for use or designed for use for manufacturing, converting, preparing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act and includes:
(E)
Except as authorized for use for medical marijuana or medical marijuana
‑
derived products under the Wyoming Patient Cannabis Act of 2022 and department of revenue liquor division rules promulgated pursuant that act, t
he following objects when used, advertised for use, intended for use or designed for use in ingesting, inhaling or otherwise introducing
marihuana
marijuana
, cocaine, hashish or hashish oil or any other controlled substance into the human body:
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‑
1014.
Substances included in Schedule I.
(d)
Hallucinogenic substances.
‑
Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains
any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term "isomer" includes the optical, position and geometric isomers):
(xiii)
Marihuana
except as authorized as medical marijuana or medical marijuana
‑
derived products under the Wyoming Patient Cannabis Act of 2022
;
(xxi)
Except as authorized for medical marijuana or medical marijuana
‑
derived products under the Wyoming Patient Cannabis Act of 2022, t
etrahydrocannabinols; synthetic equivalents of the substances contained in the plant or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives and their isomers with similar chemical structure and pharmacological activity such as the following: delta
1 cis or trans tetrahydrocannabinol and their optical isomers; delta 6 cis or trans tetrahydrocannabinol and their optical isomers; delta to the 3, 4 cis or trans tetrahydrocannabinol and its
optical isomers. Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered;
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1022.
Substances included in Schedule V.
(g)
Medical marijuana and medical marijuana
‑
derived products under the Wyoming Patient Cannabis Act of 2022.
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1031.
Article V
Unlawful manufacture or delivery; counterfeit substance; unlawful possession.
(a)
Except as authorized by this act
or by the Wyoming Patient Cannabis Act of 2022
, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance. Any person who violates this subsection with respect to:
(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
or by the Wyoming Patient Cannabis Act of 2022
. With the exception of any drug that has received final approval from the United States food and drug administration, including 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. No prescription
, certification
or practitioner's order for marihuana
,
or
tetrahydrocannabinol
, or synthetic equivalents of marihuana or tetrahydrocannabinol
shall be valid, unless
the prescription is for a drug that has received final approval from the United States food and drug administration, including dronabinol
made in accordance with the Wyoming Patient Cannabis Act of 2022
. Any person who violates this subsection:
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1037.
Probation and discharge of first offenders.
Whenever any person who has not previously been convicted of any offense under this act or under any statute of the United States or of any state relating to narcotic drugs,
marihuana,
marijuana, except medical marijuana or medical marijuana
‑
derived products under the Wyoming Patient Cannabis Act of 2022,
or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under W.S. 35
‑
7
‑
1031(c) or 35
‑
7
‑
1033(a)(iii)(B), or pleads guilty to or is found guilty of using or being under the influence of a controlled substance under W.S. 35
‑
7
‑
1039, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. Any term of probation imposed under this section for a felony offense shall not exceed the maximum term of probation authorized under W.S. 7
‑
13
‑
302(b). Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication
of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under W.S. 35
‑
7
‑
1038. There may be only one (1) discharge and dismissal under this section with respect to any person. This section shall not be construed to provide an exclusive procedure. Any other procedure provided by law relating to suspension of trial or probation, may be followed, in the discretion of the trial court.
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1038.
Second or subsequent offenses; mandatory minimum penalty for certain subsequent offenses.
(b)
For purposes of subsection (a) of this section, an offense is a second or subsequent offense if, prior to his conviction of the offense, the offender has at any time been convicted under this act or under any statute of the United States or of any state relating to narcotic drugs, marijuana,
except medical marijuana or medical marijuana
‑
derived products under the Wyoming Patient
Cannabis Act of 2022,
depressant, stimulant or hallucinogenic drugs.
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1039.
Person using or under influence of controlled substance.
Any person who knowingly or intentionally uses or is under the influence of a controlled substance listed in Schedules I, II or III except when administered or prescribed by or under the direction of a licensed practitioner
or except medical marijuana or medical marijuana
‑
derived products pursuant to the Wyoming Patient Cannabis Act of 2022
, shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not to exceed six (6) months or a fine not to exceed seven hundred fifty dollars ($750.00), or by both.
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1040.
Planting, cultivating or processing marijuana, peyote or opium poppy.
Any person who knowingly or intentionally plants, cultivates, harvests, dries, or processes any
marihuana,
marijuana, except medical marijuana or medical marijuana
‑
derived products under the Wyoming Patient Cannabis Act of 2022,
peyote, or opium poppy except as otherwise provided by law shall be guilty of a misdemeanor and shall be punished by imprisonment not to exceed six (6) months in the county jail or by a fine not to exceed one thousand dollars ($1,000.00), or both.
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1049.
Forfeitures and seizures generally; property subject to forfeiture.
(a)
The following are subject to forfeiture
, except that this section shall not apply to any property that is authorized under the Wyoming Patient Cannabis Act of 2022
:
(vi)
All "drug paraphernalia" as defined by W.S. 35
‑
7
‑
1002(a)(xxvii)
, except that this section shall not apply to drug paraphernalia or other property that is authorized under the Wyoming Patient Cannabis Act of 2022
;
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1063.
Exceptions to provisions.
(a)
The provisions and penalties of this chapter shall not apply to:
(iv)
The possession, use, cultivation, processing, sale or distribution of medical marijuana or medical marijuana
‑
derived products authorized under the Wyoming Patient Cannabis Act of 2022.
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105.
Exemptions.
(a)
The following sales or leases are exempt from the excise tax imposed by this article:
(vi)
For the purpose of exempting sales of services and tangible personal property which are essential human goods and services, the following are exempt:
(B)
Sales of the following tangible personal property sold under a prescription: drugs for human relief excluding over
‑
the
‑
counter
‑
drugs
and excluding medical marijuana and medical marijuana
‑
derived products under the Wyoming Patient Cannabis Act of 2022
, insulin for
human relief and any syringe, needle or other device necessary for the administration thereof, oxygen for medical use, blood plasma, prosthetic devices, hearing aids, eyeglasses, contact lenses, mobility enhancing equipment, durable medical equipment and any assistive device. As used in this subparagraph, "assistive device" means any item, piece of equipment or product system, as defined by department rule, which is used to increase, maintain or improve the functional capabilities of an individual with a permanent disability, excluding any medical device, surgical device or organ implanted or transplanted into or attached directly to an individual;
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105.
Exemptions.
(a)
The following purchases or leases are exempt from the excise tax imposed by this article:
(vi)
For the purpose of exempting sales of services and tangible personal property and services which are essential human goods and services, the following are exempt:
(A)
Purchases of the following tangible personal property sold under a prescription: drugs for human relief excluding "over
‑
the
‑
counter
‑
drugs"
and excluding medical marijuana and medical marijuana
‑
derived products under the Wyoming Patient Cannabis Act of 2022
, insulin for human relief and any syringe, needle or other device necessary for the administration thereof, oxygen for medical use, blood plasma, prosthetic devices, hearing aids, eyeglasses, contact lenses, mobility enhancing equipment, durable medical equipment and any assistive device.
As used in this subparagraph, "assistive device" means any item, piece of equipment or product system, as defined by department rule, which is used to increase, maintain or improve the functional capabilities of an individual with a permanent disability, excluding any medical device, surgical device or organ implanted or transplanted into or attached directly to an individual.
Section 3.
(a)
Not later than May 31, 2023 the department of revenue liquor division and the attorney general as commissioner of drugs and substances control shall each promulgate rules to implement this act.
(b)
Not later than October 1, 2022 the department of revenue liquor division and the attorney general shall recommend any additional necessary legislation to the joint review interim committee and the joint judiciary interim committee.
Section 4
.
(a)
Except as provided in subsection (b) of this section, t
his act is effective May 31, 2023
.
(b)
Sections 3 and 4 are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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HB0143