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23LSO-0461
2023
STATE OF WYOMING
23LSO-0461
Numbered
2.0
HOUSE BILL NO. HB0137
Minors-sale and purchase of cannabidiol prohibited.
Sponsored by: Representative(s) Newsome, Brown, Eklund, Haroldson, Heiner, Northrup and Sommers
A BILL
for
AN ACT relating to children; prohibiting the sale of cannabidiol products to persons under age twenty-one (21); prohibiting the purchase of cannabidiol products to persons under age twenty-one (21); providing criminal and other penalties; providing exceptions; providing for the expungement of hemp-related offenses as specified; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 14
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3
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310 and 14
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3
‑
311 are created to read:
ARTICLE 3
SALE OF NICOTINE AND CBD PRODUCTS
14
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3
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310.
Sale of CBD products to persons under age twenty
‑
one; penalties.
(a)
No person shall sell, offer for sale, give away or deliver CBD 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 twenty
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four (24) months after a first violation, 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 CBD 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 CBD 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 twenty
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four (24) month period and may continue to violate such provisions, it may grant an injunction prohibiting the respondent from selling CBD products in the establishment where the violation occurred for a period of not more than one hundred eighty (180) days.
For 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 CBD 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
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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 CBD product was presented with, and reasonably relied upon, an identification card that identified the person buying or receiving the CBD product as being over twenty
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one (21) years of age.
14
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3
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311.
Purchase and possession of CBD products by persons under age twenty
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one prohibited; penalties.
(a)
No person under the age of twenty
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one (21) years shall purchase or attempt to purchase CBD products, or misrepresent the person's identity or age, or use any false or altered identification for the purpose of purchasing or attempting to purchase CBD products. A person shall not be arrested for an alleged violation of this subsection but shall be issued a citation as a charging document by a peace officer having probable cause to believe the person violated this subsection. An officer issuing a citation shall deposit one (1) copy of the citation with the court having jurisdiction over the alleged offense. Bond may be posted and forfeited for an offense charged under this section in an amount equal to the fine imposed by subsection (c) of this section.
(b)
It is unlawful for any person under the age of twenty
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one (21) years to possess or use any CBD products.
A person shall not be arrested for an alleged violation of this subsection but shall be issued a citation as a charging document by a peace officer having probable cause to believe the person violated this subsection. An officer issuing a citation shall deposit one (1) copy of the citation with the court having jurisdiction over the alleged offense. Bond may be posted and forfeited for an offense charged under this section in an amount equal to the fine imposed by subsection (c) of this section.
(c)
Any person violating subsection (a) or subsection (b) of this section is guilty of a misdemeanor punishable by a fine of fifty dollars ($50.00). In lieu of the fine under this subsection, the court may allow the defendant to perform community service and be granted credit against the fine and court costs at the rate of ten dollars ($10.00) for each hour of work performed.
(d)
No conviction under subsection (c) of this section, whether by guilty plea, adjudication of guilt or forfeiture of bond shall be reported by the court to any law enforcement agency. Upon payment of the fine imposed by subsection (c) of this section, a criminal conviction under this section shall be expunged by operation of law from all records of the court nine (9) months after the entry of conviction. For any person whose record of conviction was expunged under this subsection, the conviction is deemed not to have occurred and the person may reply accordingly upon any inquiry in the matter. No expungement under this subsection shall be considered for purposes of any other law providing for expungement.
Section 2.
W.S. 11
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51
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102(b), 14
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3
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301(a) by creating new paragraphs (viii) and (ix) and 35
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7
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1063(a)(i) 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. 14
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3
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310 and 14
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3
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311
.
14
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3
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301.
Definitions.
(a)
As used in this article:
(viii)
"CBD product" means any part, seed, variety or product of the plant cannabis sativa l., whether growing or not, or a product, derivative, extract, cannabinoid, isomer, acid, salt or salt of isomer made from that plant with a THC concentration of not more than three
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tenths of one percent (0.3%) on a dry weight basis when using post
‑
decarboxylation or another similarly reliable testing method. "CBD product" shall not include any CBD product that can be applied topically with a THC concentration of not more than three
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tenths of one percent (0.3%) on a dry weight basis;
(ix)
"THC" means tetrahydrocannabinol, the psychoactive component of the cannabis plant, with the scientific name trans
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delta 9
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tetrahydrocannabinol.
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:
(i)
The possession or use of hemp or hemp products for any purpose or application
except as otherwise provided by W.S. 14
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3
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310 and 14
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3
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311
;
Section 3
.
This act is effective July 1, 2023
.
(END)
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HB0137