Civil penalties for cannabis.

25LSO-0560
2025
STATE OF WYOMING
25LSO-0560
Numbered
2.0

HOUSE BILL NO. HB0191

Civil penalties for cannabis.

Sponsored by: Representative(s) Provenza and Singh and Senator(s) Case and Rothfuss

A BILL

for

AN ACT relating to food and drugs; creating a civil penalty for offenses related to specified amounts of marijuana and amending related criminal penalties as specified; eliminating use of marijuana and possession of marijuana paraphernalia as crimes; amending the prohibition on practitioners prescribing marijuana; amending definitions; making conforming amendments; repealing a provision; requiring rulemaking; and providing for effective dates.

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

Section 1.

W.S. 35
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1002(a)(xiv), (xxvii)(intro), (E)(intro) and (I), 35
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1031(a)(ii), (c)(intro), (i)(intro), (A) through (D), by creating new subparagraphs (G) and (H), (iii) and by creating a new paragraph (vi), 35
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1037, 35
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1038(b), 35
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1039 and 35
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1040 are amended to read:

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1002.

Definitions.

(a)

As used in this act:

(xiv)

"Marihuana"
or "marijuana"
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.
"Marihuana" or "marijuana" includes products that are composed of both marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments and tinctures.
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 is incapable of germination;

(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
, except marijuana,
in violation of this act and includes:

(E)

The following objects when used, advertised for use, intended for use or designed for use in ingesting, inhaling or otherwise introducing
marihuana,
cocaine
, hashish or hashish oil
or any other controlled substance
, except marijuana,
into the human body:

(I)

Metal, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens
, hashish heads
or punctured metal bowls;

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1031.

Unlawful manufacture or delivery; counterfeit substance; unlawful possession; civil penalty for marijuana.

(a)

Except as authorized by this act, 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:

(ii)

Any other controlled substance classified in Schedule I
, except marijuana in amounts specified in paragraph (c)(vi) of this section
, II or III, is guilty of a crime and upon conviction may be imprisoned for not more than ten (10) years, fined not more than ten thousand dollars ($10,000.00), or both;

(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
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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 this subsection:

(i)

And has in his possession a controlled substance in the
amount
amounts
set forth in this paragraph 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. Any person convicted for a third or subsequent offense under this paragraph,
other than a marijuana offense,
including convictions for violations of similar laws in other jurisdictions, shall be imprisoned for a term not more than five (5) years, fined not more than five thousand dollars ($5,000.00), or both. For purposes of this paragraph, the amounts of a controlled substance are as follows:

(A)

Except as provided in subparagraph (G) of this paragraph, f
or a controlled substance in plant form, no more than three (3) ounces;

(B)

Except as provided in subparagraph (H) of this paragraph, f
or a controlled substance in liquid form, no more than three
‑
tenths (3/10) of a gram;

(C)

Except as provided in subparagraph (H) of this paragraph, f
or a controlled substance in powder or crystalline form, no more than three (3) grams;

(D)

Except as provided in subparagraph (H) of this paragraph, f
or a controlled substance in pill or capsule form, no more than three (3) grams;

(G)

For marijuana in plant form, more than three (3) ounces;

(H)

For products composed of marijuana that are:

(I)

In solid form, including edible products, ointments and tinctures, more than sixteen (16) ounces;

(II)

In liquid form, more than seventy
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two (72) ounces;

(III)

In a form that has undergone a process to concentrate one (1) or more active cannabinoids to increase the marijuana's potency, including in powder, crystalline, pill or capsule form, more than thirty (30) grams.

(iii)

And has in his possession any other controlled substance classified in Schedule I
, except marijuana
, II or III in an amount greater than set forth in paragraph (c)(i) of this section, 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;

(vi)

And has in his possession marijuana in any combination of forms and amounts set forth in this paragraph shall be subject to a civil penalty of not more than one hundred dollars ($100.00). For purposes of this paragraph, the amounts of marijuana are as follows:

(A)

For marijuana in plant form, three (3) ounces or less;

(B)

For products composed of marijuana that are:

(I)

In solid form, including edible products, ointments and tinctures, sixteen (16) ounces or less;

(II)

In liquid form, seventy
‑
two (72) ounces or less;

(III)

In a form that has undergone a process to concentrate one (1) or more active cannabinoids to increase the marijuana's potency, including in powder, crystalline, pill or capsule form, thirty (30) grams or less.

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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
, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under W.S.
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1031(c)
35
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1031(c)(i) through (v)
or 35
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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
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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
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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
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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,
depressant, stimulant or hallucinogenic drugs
, excluding any conviction related to the possession or use of marijuana by the offender
.

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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
, except marijuana
, II or III
and
except when administered or prescribed by or under the direction of a licensed practitioner, 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 peyote or opium poppy.

Any person who knowingly or intentionally plants, cultivates, harvests, dries, or processes
marijuana in amounts that exceed the amounts listed in W.S. 35
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1031(c)(vi) or
any
marihuana,
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.

Section 2.

W.S. 35
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1002(a)(xxvii)(C) is repealed.

Section 3
.

The attorney general, as commissioner of drugs and substances control, shall adopt rules necessary to implement this act not later than July 1, 2025.

Section 4
.

(a)

Except as otherwise provided in subsection (b) of this section, this act is 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.

(b)

Sections 1 and 2 of this act are effective July 1, 2025
.

(END)

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HB0191