WY
Wyoming House Bill HB0191

Wyoming 2025 Regular Session

Wyoming House Bill HB0191 Compare Versions

Only one version of the bill is available at this time.
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11 2025
22 STATE OF WYOMING
33 25LSO-05601HB0191
44 HOUSE BILL NO. HB0191
55 Civil penalties for cannabis.
66 Sponsored by: Representative(s) Provenza and Singh and
77 Senator(s) Case and Rothfuss
88 A BILL
99 for
1010 1 AN ACT relating to food and drugs; creating a civil penalty
1111 2 for offenses related to specified amounts of marijuana and
1212 3 amending related criminal penalties as specified;
1313 4 eliminating use of marijuana and possession of marijuana
1414 5 paraphernalia as crimes; amending the prohibition on
1515 6 practitioners prescribing marijuana; amending definitions;
1616 7 making conforming amendments; repealing a provision;
1717 8 requiring rulemaking; and providing for effective dates.
1818 9
1919 10
2020 11
2121 12W.S. 35-7-1002(a)(xiv), (xxvii)(intro),
2222 13 (E)(intro) and (I), 35-7-1031(a)(ii), (c)(intro),
2323 14 (i)(intro), (A) through (D), by creating new subparagraphs
2424 15 (G) and (H), (iii) and by creating a new paragraph (vi), 2025STATE OF WYOMING25LSO-05602HB0191
2525 1 35-7-1037, 35-7-1038(b), 35-7-1039 and 35-7-1040 are
2626 2 amended to read:
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3030 6 (a) As used in this act:
3131 7
3232 8 (xiv) "Marihuana" means all parts
3333 9 of the plant of the genus Cannabis, whether growing or not;
3434 10 the seed thereof; the resin extracted from any part of the
3535 11 plant; and every compound, manufacture, salt, derivative,
3636 12 mixture or preparation of the plant, its seeds or resin.
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4040 16 It does not include the
4141 17 mature stalks of the plant, fiber produced from the stalks,
4242 18 oil or cake made from the seeds of the plant, any other
4343 19 compound, manufacture, salt, derivative, mixture or
4444 20 preparation of the mature stalks (except the resin
4545 21 extracted therefrom), fiber, oil or cake, or the sterilized
4646 22 seed of the plant which is incapable of germination;
4747 23 2025STATE OF WYOMING25LSO-05603HB01911 (xxvii) "Drug paraphernalia" means all
4848 2 equipment, products and materials of any kind when used,
4949 3 advertised for use, intended for use or designed for use
5050 4 for manufacturing, converting, preparing, packaging,
5151 5 repackaging, storing, containing, concealing, injecting,
5252 6 ingesting, inhaling or otherwise introducing into the human
5353 7 body a controlled substance, except marijuana, in violation
5454 8 of this act and includes:
5555 9
5656 10 (E) The following objects when used,
5757 11 advertised for use, intended for use or designed for use in
5858 12 ingesting, inhaling or otherwise introducing
5959 13 cocaine, hashish or hashish oil or any other controlled
6060 14 substance, except marijuana, into the human body:
6161 15
6262 16 (I) Metal, acrylic, glass, stone,
6363 17 plastic or ceramic pipes with or without screens, permanent
6464 18 screens, hashish heads or punctured metal bowls;
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6969 23 2025STATE OF WYOMING25LSO-05604HB01911 (a) Except as authorized by this act, it is unlawful
7070 2 for any person to manufacture, deliver, or possess with
7171 3 intent to manufacture or deliver, a controlled substance.
7272 4 Any person who violates this subsection with respect to:
7373 5
7474 6 (ii) Any other controlled substance classified
7575 7 in Schedule I, except marijuana in amounts specified in
7676 8, II or III, is guilty of
7777 9 a crime and upon conviction may be imprisoned for not more
7878 10 than ten (10) years, fined not more than ten thousand
7979 11 dollars ($10,000.00), or both;
8080 12
8181 13 (c) It is unlawful for any person knowingly or
8282 14 intentionally to possess a controlled substance unless the
8383 15 substance was obtained directly from, or pursuant to a
8484 16 valid prescription or order of a practitioner while acting
8585 17 in the course of his professional practice, or except as
8686 18 otherwise authorized by this act.
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9191 23 2025STATE OF WYOMING25LSO-05605HB0191
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9999 8 subsection:
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101101 10 (i) And has in his possession a controlled
102102 11 substance in the set forth in this paragraph
103103 12 is guilty of a misdemeanor punishable by imprisonment for
104104 13 not more than twelve (12) months, a fine of not more than
105105 14 one thousand dollars ($1,000.00), or both. Any person
106106 15 convicted for a third or subsequent offense under this
107107 16 paragraph, including
108108 17 convictions for violations of similar laws in other
109109 18 jurisdictions, shall be imprisoned for a term not more than
110110 19 five (5) years, fined not more than five thousand dollars
111111 20 ($5,000.00), or both. For purposes of this paragraph, the
112112 21 amounts of a controlled substance are as follows:
113113 22 2025STATE OF WYOMING25LSO-05606HB01911 (A) Except as provided in subparagraph (G)
114114 2or a controlled substance in plant
115115 3 form, no more than three (3) ounces;
116116 4
117117 5 (B) Except as provided in subparagraph (H)
118118 6or a controlled substance in liquid
119119 7 form, no more than three-tenths (3/10) of a gram;
120120 8
121121 9 (C) Except as provided in subparagraph (H)
122122 10or a controlled substance in powder or
123123 11 crystalline form, no more than three (3) grams;
124124 12
125125 13 (D) Except as provided in subparagraph (H)
126126 14or a controlled substance in pill or
127127 15 capsule form, no more than three (3) grams;
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147147 14 (iii) And has in his possession any other
148148 15 controlled substance classified in Schedule I, except
149149 16, II or III in an amount greater than set forth in
150150 17 paragraph (c)(i) of this section, is guilty of a felony
151151 18 punishable by imprisonment for not more than five (5)
152152 19 years, a fine of not more than ten thousand dollars
153153 20 ($10,000.00), or both;
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156156 23 2025STATE OF WYOMING25LSO-05608HB0191
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182182 4 Whenever any person who has not previously been convicted
183183 5 of any offense under this act or under any statute of the
184184 6 United States or of any state relating to narcotic drugs,
185185 7, or stimulant, depressant, or
186186 8 hallucinogenic drugs, pleads guilty to or is found guilty
187187 9 of possession of a controlled substance under W.S.
188188 10 or
189189 11 35-7-1033(a)(iii)(B), or pleads guilty to or is found
190190 12 guilty of using or being under the influence of a
191191 13 controlled substance under W.S. 35-7-1039, the court,
192192 14 without entering a judgment of guilt and with the consent
193193 15 of the accused, may defer further proceedings and place him
194194 16 on probation upon terms and conditions. Any term of
195195 17 probation imposed under this section for a felony offense
196196 18 shall not exceed the maximum term of probation authorized
197197 19 under W.S. 7-13-302(b). Upon violation of a term or
198198 20 condition, the court may enter an adjudication of guilt and
199199 21 proceed as otherwise provided. Upon fulfillment of the
200200 22 terms and conditions, the court shall discharge the person
201201 23 and dismiss the proceedings against him. Discharge and 2025STATE OF WYOMING25LSO-056010HB0191
202202 1 dismissal under this section shall be without adjudication
203203 2 of guilt and is not a conviction for purposes of this
204204 3 section or for purposes of disqualifications or
205205 4 disabilities imposed by law upon conviction of a crime,
206206 5 including the additional penalties imposed for second or
207207 6 subsequent convictions under W.S. 35-7-1038. There may be
208208 7 only one (1) discharge and dismissal under this section
209209 8 with respect to any person. This section shall not be
210210 9 construed to provide an exclusive procedure. Any other
211211 10 procedure provided by law relating to suspension of trial
212212 11 or probation, may be followed, in the discretion of the
213213 12 trial court.
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218218 17 (b) For purposes of subsection (a) of this section,
219219 18 an offense is a second or subsequent offense if, prior to
220220 19 his conviction of the offense, the offender has at any time
221221 20 been convicted under this act or under any statute of the
222222 21 United States or of any state relating to narcotic drugs,
223223 22, 2025STATE OF WYOMING25LSO-056011HB0191
224224 1
225225 2.
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230230 7 Any person who knowingly or intentionally uses or is under
231231 8 the influence of a controlled substance listed in Schedules
232232 9 I, except marijuana, II or III except when administered
233233 10 or prescribed by or under the direction of a licensed
234234 11 practitioner, shall be guilty of a misdemeanor and shall be
235235 12 punished by imprisonment in the county jail not to exceed
236236 13 six (6) months or a fine not to exceed seven hundred fifty
237237 14 dollars ($750.00), or by both.
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242242 19 Any person who knowingly or intentionally plants,
243243 20 cultivates, harvests, dries, or processes
244244 21
245245 22 any , or opium poppy
246246 23 except as otherwise provided by law shall be guilty of a 2025STATE OF WYOMING25LSO-056012HB0191
247247 1 misdemeanor and shall be punished by imprisonment not to
248248 2 exceed six (6) months in the county jail or by a fine not
249249 3 to exceed one thousand dollars ($1,000.00), or both.
250250 4
251251 5W.S. 35-7-1002(a)(xxvii)(C) is repealed.
252252 6
253253 7. The attorney general, as commissioner of
254254 8 drugs and substances control, shall adopt rules necessary
255255 9 to implement this act not later than July 1, 2025.
256256 10
257257 11.
258258 12
259259 13 (a) Except as otherwise provided in subsection (b) of
260260 14 this section, this act is effective immediately upon
261261 15 completion of all acts necessary for a bill to become law
262262 16 as provided by Article 4, Section 8 of the Wyoming
263263 17 Constitution.
264264 18
265265 19 (b) Sections 1 and 2 of this act are effective July
266266 20 1, 2025.
267267 21
268268 22 (END)