2025
STATE OF WYOMING
25LSO-05601HB0191
HOUSE BILL NO. HB0191
Civil penalties for cannabis.
Sponsored by: Representative(s) Provenza and Singh and
Senator(s) Case and Rothfuss
A BILL
for
1 AN ACT relating to food and drugs; creating a civil penalty
2 for offenses related to specified amounts of marijuana and
3 amending related criminal penalties as specified;
4 eliminating use of marijuana and possession of marijuana
5 paraphernalia as crimes; amending the prohibition on
6 practitioners prescribing marijuana; amending definitions;
7 making conforming amendments; repealing a provision;
8 requiring rulemaking; and providing for effective dates.
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12W.S. 35-7-1002(a)(xiv), (xxvii)(intro),
13 (E)(intro) and (I), 35-7-1031(a)(ii), (c)(intro),
14 (i)(intro), (A) through (D), by creating new subparagraphs
15 (G) and (H), (iii) and by creating a new paragraph (vi), 2025STATE OF WYOMING25LSO-05602HB0191
1 35-7-1037, 35-7-1038(b), 35-7-1039 and 35-7-1040 are
2 amended to read:
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6 (a) As used in this act:
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8 (xiv) "Marihuana" means all parts
9 of the plant of the genus Cannabis, whether growing or not;
10 the seed thereof; the resin extracted from any part of the
11 plant; and every compound, manufacture, salt, derivative,
12 mixture or preparation of the plant, its seeds or resin.
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16 It does not include the
17 mature stalks of the plant, fiber produced from the stalks,
18 oil or cake made from the seeds of the plant, any other
19 compound, manufacture, salt, derivative, mixture or
20 preparation of the mature stalks (except the resin
21 extracted therefrom), fiber, oil or cake, or the sterilized
22 seed of the plant which is incapable of germination;
23 2025STATE OF WYOMING25LSO-05603HB01911 (xxvii) "Drug paraphernalia" means all
2 equipment, products and materials of any kind when used,
3 advertised for use, intended for use or designed for use
4 for manufacturing, converting, preparing, packaging,
5 repackaging, storing, containing, concealing, injecting,
6 ingesting, inhaling or otherwise introducing into the human
7 body a controlled substance, except marijuana, in violation
8 of this act and includes:
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10 (E) The following objects when used,
11 advertised for use, intended for use or designed for use in
12 ingesting, inhaling or otherwise introducing
13 cocaine, hashish or hashish oil or any other controlled
14 substance, except marijuana, into the human body:
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16 (I) Metal, acrylic, glass, stone,
17 plastic or ceramic pipes with or without screens, permanent
18 screens, hashish heads or punctured metal bowls;
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23 2025STATE OF WYOMING25LSO-05604HB01911 (a) Except as authorized by this act, it is unlawful
2 for any person to manufacture, deliver, or possess with
3 intent to manufacture or deliver, a controlled substance.
4 Any person who violates this subsection with respect to:
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6 (ii) Any other controlled substance classified
7 in Schedule I, except marijuana in amounts specified in
8, II or III, is guilty of
9 a crime and upon conviction may be imprisoned for not more
10 than ten (10) years, fined not more than ten thousand
11 dollars ($10,000.00), or both;
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13 (c) It is unlawful for any person knowingly or
14 intentionally to possess a controlled substance unless the
15 substance was obtained directly from, or pursuant to a
16 valid prescription or order of a practitioner while acting
17 in the course of his professional practice, or except as
18 otherwise authorized by this act.
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23 2025STATE OF WYOMING25LSO-05605HB0191
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8 subsection:
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10 (i) And has in his possession a controlled
11 substance in the set forth in this paragraph
12 is guilty of a misdemeanor punishable by imprisonment for
13 not more than twelve (12) months, a fine of not more than
14 one thousand dollars ($1,000.00), or both. Any person
15 convicted for a third or subsequent offense under this
16 paragraph, including
17 convictions for violations of similar laws in other
18 jurisdictions, shall be imprisoned for a term not more than
19 five (5) years, fined not more than five thousand dollars
20 ($5,000.00), or both. For purposes of this paragraph, the
21 amounts of a controlled substance are as follows:
22 2025STATE OF WYOMING25LSO-05606HB01911 (A) Except as provided in subparagraph (G)
2or a controlled substance in plant
3 form, no more than three (3) ounces;
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5 (B) Except as provided in subparagraph (H)
6or a controlled substance in liquid
7 form, no more than three-tenths (3/10) of a gram;
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9 (C) Except as provided in subparagraph (H)
10or a controlled substance in powder or
11 crystalline form, no more than three (3) grams;
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13 (D) Except as provided in subparagraph (H)
14or a controlled substance in pill or
15 capsule form, no more than three (3) grams;
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14 (iii) And has in his possession any other
15 controlled substance classified in Schedule I, except
16, II or III in an amount greater than set forth in
17 paragraph (c)(i) of this section, is guilty of a felony
18 punishable by imprisonment for not more than five (5)
19 years, a fine of not more than ten thousand dollars
20 ($10,000.00), or both;
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23 2025STATE OF WYOMING25LSO-05608HB0191
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23 2025STATE OF WYOMING25LSO-05609HB01911
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4 Whenever any person who has not previously been convicted
5 of any offense under this act or under any statute of the
6 United States or of any state relating to narcotic drugs,
7, or stimulant, depressant, or
8 hallucinogenic drugs, pleads guilty to or is found guilty
9 of possession of a controlled substance under W.S.
10 or
11 35-7-1033(a)(iii)(B), or pleads guilty to or is found
12 guilty of using or being under the influence of a
13 controlled substance under W.S. 35-7-1039, the court,
14 without entering a judgment of guilt and with the consent
15 of the accused, may defer further proceedings and place him
16 on probation upon terms and conditions. Any term of
17 probation imposed under this section for a felony offense
18 shall not exceed the maximum term of probation authorized
19 under W.S. 7-13-302(b). Upon violation of a term or
20 condition, the court may enter an adjudication of guilt and
21 proceed as otherwise provided. Upon fulfillment of the
22 terms and conditions, the court shall discharge the person
23 and dismiss the proceedings against him. Discharge and 2025STATE OF WYOMING25LSO-056010HB0191
1 dismissal under this section shall be without adjudication
2 of guilt and is not a conviction for purposes of this
3 section or for purposes of disqualifications or
4 disabilities imposed by law upon conviction of a crime,
5 including the additional penalties imposed for second or
6 subsequent convictions under W.S. 35-7-1038. There may be
7 only one (1) discharge and dismissal under this section
8 with respect to any person. This section shall not be
9 construed to provide an exclusive procedure. Any other
10 procedure provided by law relating to suspension of trial
11 or probation, may be followed, in the discretion of the
12 trial court.
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17 (b) For purposes of subsection (a) of this section,
18 an offense is a second or subsequent offense if, prior to
19 his conviction of the offense, the offender has at any time
20 been convicted under this act or under any statute of the
21 United States or of any state relating to narcotic drugs,
22, 2025STATE OF WYOMING25LSO-056011HB0191
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2.
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7 Any person who knowingly or intentionally uses or is under
8 the influence of a controlled substance listed in Schedules
9 I, except marijuana, II or III except when administered
10 or prescribed by or under the direction of a licensed
11 practitioner, shall be guilty of a misdemeanor and shall be
12 punished by imprisonment in the county jail not to exceed
13 six (6) months or a fine not to exceed seven hundred fifty
14 dollars ($750.00), or by both.
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19 Any person who knowingly or intentionally plants,
20 cultivates, harvests, dries, or processes
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22 any , or opium poppy
23 except as otherwise provided by law shall be guilty of a 2025STATE OF WYOMING25LSO-056012HB0191
1 misdemeanor and shall be punished by imprisonment not to
2 exceed six (6) months in the county jail or by a fine not
3 to exceed one thousand dollars ($1,000.00), or both.
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5W.S. 35-7-1002(a)(xxvii)(C) is repealed.
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7. The attorney general, as commissioner of
8 drugs and substances control, shall adopt rules necessary
9 to implement this act not later than July 1, 2025.
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11.
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13 (a) Except as otherwise provided in subsection (b) of
14 this section, this act is effective immediately upon
15 completion of all acts necessary for a bill to become law
16 as provided by Article 4, Section 8 of the Wyoming
17 Constitution.
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19 (b) Sections 1 and 2 of this act are effective July
20 1, 2025.
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22 (END)