Marijuana-class III substance.

26LSO-0368
2026
STATE OF WYOMING
26LSO-0368
Numbered
2.0

HOUSE BILL NO. HB0166

Marijuana-class III substance.

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

A BILL

for

AN ACT relating to public health and safety; amending provisions related to the scheduling and use of marijuana; repealing a conflicting provision; making conforming amendments; requiring rulemaking; 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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301(a)(viii), (xi)(A) and (B), 35
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7
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1002(a)(xiv), (xxvii)(C) and (E), 35
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7
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1018(h) by creating a new paragraph (ii),

35
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7
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1031(c)(intro), 35
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7
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1037, 35
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7
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1040 and 35
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7
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1049(r)(vi)(D)(I) are amended to read:

14
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3
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301.

Definitions.

(a)

As used in this article:

(viii)

"Edible products" means any product intended for consumption, including but not limited to baked goods, candies, gummies and liquids, that contains tetrahydrocannabinol, a controlled substance listed under W.S.
35
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7
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1014(d)(xiii) or (xxi)
35
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7
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1014(d)(xxi), 35
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7
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1018(h)(ii)
or their analogs;

(xi)

"Analog" means a substance:

(A)

Whose chemical structure is substantially similar to the chemical structure of a controlled substance listed under W.S.
35
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7
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1014(d)(xiii)

or (xxi)
35
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7
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1014(d)(xxi) or 35
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7
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1018(h)(ii)
; or

(B)

That has a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance listed under W.S.
35
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7
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1014(d)(xiii) or (xxi)
35
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7
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1014(d)(xxi) or 35
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7
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1018(h)(ii)
.

35
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7
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1002.

Definitions.

(a)

As used in this act:

(xiv)

"Marihuana"
"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. 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 in violation of this act and includes:

(C)

Separation gins and sifters when used or advertised for use in removing twigs and seeds from or in otherwise cleaning or refining
marihuana
marijuana
;

(E)

The 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:

35
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7
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1018.

Substances included in Schedule III.

(h)

Hallucinogenic substances:

(ii)

Marijuana.

35
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7
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1031.

Unlawful manufacture or delivery; counterfeit substance; unlawful possession.

(c)

Except as provided in W.S. 35
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7
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1064, 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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7
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1018(h), and notwithstanding any other provision of this act, no practitioner shall dispense or prescribe
marihuana
marijuana
, tetrahydrocannabinol, or synthetic equivalents of
marihuana
marijuana
or tetrahydrocannabinol. No prescription or practitioner's order for
marihuana
marijuana
, tetrahydrocannabinol, or synthetic equivalents of
marihuana
marijuana
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:

35
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7
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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. 35
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7
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1031(c) or 35
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7
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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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7
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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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13
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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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7
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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.

35
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7
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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
, 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.

35
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7
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1049.

Forfeitures and seizures generally; property subject to forfeiture.

(r)

When property is forfeited under this act, the commissioner may:

(vi)

Authorize any law enforcement officer to apply to the district court with jurisdiction for an order providing for destruction of the contraband controlled substances or paraphernalia if no longer necessary for evidentiary purposes, provided, however, that a district court order shall not be necessary for the division of criminal investigation to destroy quantities of contraband controlled substances after the division has tested random samples.

The division of criminal investigation shall adopt rules necessary to operate a program to destroy bulk quantities of contraband controlled substances, which shall include:

(D)

The additional retention of:

(I)

Five (5) ounces of organic material if the controlled substance is
marihuana
marijuana
or a substance of similar organic composition;

Section 2.

The commissioner of drugs and substance control shall promulgate rules to necessary to implement this act.

Section 3.

W.S. 35
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7
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1014(d)(xiii) is repealed.

Section 4.

This act is effective July 1, 2026
.

(END)

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HB0166