KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to Wyoming

HB0030 • 2024

Controlled Substances Act-possession amendments.

AN ACT relating to controlled substances; eliminating the form of a controlled substance as an element of the misdemeanor offense of unlawful possession of a controlled substance; amending prohibitions on the possession of controlled substances as specified; specifying and amending penalties based on the amount of controlled substances; repealing obsolete provisions; and providing for an effective date.

Crime Healthcare
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Judiciary
Last action
2024-02-28
Official status
inactive
Effective date
3/1/2024

Plain English Breakdown

The bill did not pass in the Senate Committee of the Whole (S COW:Failed 13-18-0-0-0).

Changes to Rules About Possessing Controlled Substances

The bill changes the rules for people who have controlled substances without a valid prescription and sets new penalties based on how much of each substance they possess.

What This Bill Does

  • Removes the requirement that the form of a controlled substance must be known to prove possession is illegal.
  • Sets different punishments for having small amounts of certain drugs, like marijuana or heroin, compared to larger amounts.

Who It Names or Affects

  • People who possess controlled substances without a valid prescription
  • Law enforcement officers and courts dealing with drug possession cases

Terms To Know

Schedule I, II, III, IV, V
Categories of drugs based on their potential for abuse and medical use. Schedule I includes the most dangerous drugs with no accepted medical use.
Misdemeanor
A less serious crime that can result in fines or up to one year in jail.
Felony
A more serious crime that can lead to prison time of over a year.

Limits and Unknowns

  • The bill did not pass and will not become law.
  • It does not specify how the changes would be enforced or what happens if someone has both solid and liquid forms of controlled substances.
  • Some details about specific drug types and their penalties are updated, but it's unclear how this affects existing laws.

Bill History

  1. 2024-02-28 Senate

    S COW:Failed 13-18-0-0-0

  2. 2024-02-28 Senate

    S Placed on General File

  3. 2024-02-28 Senate

    S01 - Judiciary:Recommend Do Pass 3-2-0-0-0

  4. 2024-02-23 Senate

    S Introduced and Referred to S01 - Judiciary

  5. 2024-02-23 Senate

    S Received for Introduction

  6. 2024-02-23 House

    H 3rd Reading:Passed 57-5-0-0-0

  7. 2024-02-22 House

    H 2nd Reading:Passed

  8. 2024-02-21 House

    H COW:Passed

  9. 2024-02-20 House

    H Placed on General File

  10. 2024-02-20 House

    H01 - Judiciary:Recommend Do Pass 8-1-0-0-0

  11. 2024-02-13 House

    H Introduced and Referred to H01 - Judiciary 55-6-1-0-0

  12. 2024-01-24 House

    H Received for Introduction

  13. 2023-12-21 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
24LSO-0054
2024
STATE OF WYOMING
24LSO-0054
Numbered
2.0

HOUSE BILL NO. HB0030

Controlled Substances Act-possession amendments.

Sponsored by: Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to controlled substances; eliminating the form of a controlled substance as an element of the misdemeanor offense of unlawful possession of a controlled substance; amending prohibitions on the possession of controlled substances as specified; specifying and amending penalties based on the amount of controlled substances; repealing obsolete provisions; and providing for an effective date.

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

Section 1
.

W.S. 35
‑
7
‑
1031(c)(intro) and by creating new paragraphs (vi) through (xiv) is amended to read:

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 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 or practitioner's order for marihuana, 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.
Any person who violates
T
his subsection
shall be subject to the following
:

(vi)

Except as provided in this paragraph and paragraphs (viii) through (xi) of this subsection, any person who violates this subsection and has in his possession a controlled substance classified in Schedule I, II, III or IV in an amount of less than three (3) grams is:

(A)

For a first or second offense of this paragraph, including convictions for violations of similar laws in other jurisdictions, 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;

(B)

For a third or subsequent offense of this paragraph, including convictions for violations of similar laws in other jurisdictions, guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.

(vii)

Except as provided in paragraphs (viii) and (ix) of this subsection, any person who violates this subsection and has in his possession methamphetamine or another controlled substance classified in Schedule I or II that is a narcotic drug in an amount of three (3) grams or more is guilty of a felony punishable by imprisonment for not more than seven (7) years, a fine of not more than fifteen thousand dollars ($15,000.00), or both;

(viii)

Any person who violates this subsection and has in his possession methamphetamine in liquid form, heroin in liquid form, fentanyl in liquid form or LSD (lysergic acid diethylamide) in an amount of less than three
‑
tenths (0.3) grams is:

(A)

For a first or second offense of this paragraph, including convictions for violations of similar laws in other jurisdictions, 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;

(B)

For a third or subsequent offense of this paragraph, including convictions for violations of similar laws in other jurisdictions, guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.

(ix)

Any person who violates this subsection and has in his possession methamphetamine in liquid form, heroin in liquid form, fentanyl in liquid form or LSD (lysergic acid diethylamide) in an amount of three
‑
tenths (0.3) grams or more is guilty of a felony punishable by imprisonment for not more than seven (7) years, a fine of not more than fifteen thousand dollars ($15,000.00), or both;

(x)

Any person who violates this subsection and has in his possession marihuana or tetrahydrocannabinol in an amount of less than three (3) ounces is:

(A)

For a first or second offense of this paragraph, including convictions for violations of similar laws in other jurisdictions, 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;

(B)

For a third or subsequent offense of this paragraph, including convictions for violations of similar laws in other jurisdictions, guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.

(xi)

Any person who violates this subsection and has in his possession marihuana or tetrahydrocannabinol in an amount of three (3) ounces or more 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;

(xii)

Any person who violates this subsection and has in his possession any controlled substance classified in Schedule I, II or III that is not otherwise listed in this subsection in an amount of three (3) grams or more 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;

(xiii)

Any person who violates this subsection and has in his possession any controlled substance classified in Schedule IV in an amount of three (3) grams or more is guilty of a felony punishable by imprisonment for not more than two (2) years, a fine of not more than two thousand five hundred dollars ($2,500.00), or both;

(xiv)

Any person who violates this subsection and has in his possession any controlled substance in Schedule V in any amount 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.

Section 2.

W.S. 35
‑
7
‑
1031(c)(i) through (v) is repealed.

Section 3
.

This act is effective July 1, 2024
.

(END)

1
HB0030