Wyoming 2025 Regular Session

Wyoming Senate Bill SF0074 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ORIGINAL SENATE ENGROSSED
2		-	FILE NO. SF0074
3		-	ENROLLED ACT NO. 63, SENATE
4		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
5		-	2025 GENERAL SESSION
6		-	1
7		-	AN ACT relating to controlled substances; providing
8		-	immunity from prosecution of specified offenses under the
9		-	Wyoming Controlled Substances Act of 1971 to persons who
10		-	report or experience an emergency drug overdose event as
11		-	specified; providing applicability; making conforming
12		-	amendments; and providing for an effective date.
13		-	Be It Enacted by the Legislature of the State of Wyoming:
14		-	Section 1. W.S. 35-7-1064 is created to read:
15		-	35-7-1064. Drug overdose; limited immunity from
16		-	prosecution.
17		-	(a) A person who, in good faith, seeks medical
18		-	assistance for himself or another person is immune from
19		-	criminal prosecution for an offense listed in subsection
20		-	(c) of this section if:
21		-	(i) The person reasonably believes he or another
22		-	person is experiencing a drug overdose event;
23		-	(ii) The person provides a description of the
24		-	actual location of the drug overdose event;
25		-	(iii) The person remains at the scene of the
26		-	drug overdose event until a responding law enforcement
27		-	officer or emergency medical service provider arrives or
28		-	the person remains at the medical care facility where the
29		-	person experiencing the drug overdose event is located
30		-	until a responding law enforcement officer arrives;
31		-	(iv) The person cooperates with a responding law
32		-	enforcement officer, emergency medical service provider or
33		-	medical care provider, including by providing information ORIGINAL SENATE ENGROSSED
34		-	FILE NO. SF0074
35		-	ENROLLED ACT NO. 63, SENATE
36		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
37		-	2025 GENERAL SESSION
	1	+	2025
	2	+	STATE OF WYOMING
	3	+	25LSO-0036
	4	+	ENGROSSED
	5	+	1SF0074
	6	+	SENATE FILE NO. SF0074
	7	+	Immunity for drug overdose reporting.
	8	+	Sponsored by: Joint Labor, Health & Social Services Interim
	9	+	Committee
	10	+	A BILL
	11	+	for
	12	+	1 AN ACT relating to controlled substances; providing
	13	+	2 immunity from prosecution of specified offenses under the
	14	+	3 Wyoming Controlled Substances Act of 1971 to persons who
	15	+	4 report or experience an emergency drug overdose event as
	16	+	5 specified; providing applicability; making conforming
	17	+	6 amendments; and providing for an effective date.
	18	+	7
	19	+	8
	20	+	9
	21	+	10W.S. 35-7-1064 is created to read:
	22	+	11
	23	+	12
	24	+	13
	25	+	14 2025STATE OF WYOMING25LSO-0036
	26	+	ENGROSSED
	27	+	2SF00741 (a) A person who, in good faith, seeks medical
	28	+	2 assistance for himself or another person is immune from
	29	+	3 criminal prosecution for an offense listed in subsection
	30	+	4 (c) of this section if:
	31	+	5
	32	+	6 (i) The person reasonably believes he or another
	33	+	7 person is experiencing a drug overdose event;
	34	+	8
	35	+	9 (ii) The person provides a description of the
	36	+	10 actual location of the drug overdose event;
	37	+	11
	38	+	12 (iii) The person remains at the scene of the
	39	+	13 drug overdose event until a responding law enforcement
	40	+	14 officer or emergency medical service provider arrives, or
	41	+	15 the person remains at the medical care facility where the
	42	+	16 person experiencing the drug overdose event is located
	43	+	17 until a responding law enforcement officer arrives;
	44	+	18
	45	+	19 (iv) The person cooperates with a responding law
	46	+	20 enforcement officer, emergency medical service provider or
	47	+	21 medical care provider, including by providing information
	48	+	22 about the person experiencing the drug overdose event and 2025STATE OF WYOMING25LSO-0036
	49	+	ENGROSSED
	50	+	3SF0074
	51	+	1 the type of substance that may have caused the drug
	52	+	2 overdose event; and
	53	+	3
	54	+	4 (v) The offense listed in subsection (c) of this
	55	+	5 section arises from the same course of events as the drug
	56	+	6 overdose event.
	57	+	7
	58	+	8 (b) The immunity from prosecution under subsection
	59	+	9 (a) of this section shall extend to the person experiencing
	60	+	10 the drug overdose event if all the conditions specified in
	61	+	11 subsection (a) of this section are satisfied.
	62	+	12
	63	+	13 (c) The immunity from prosecution under subsection
	64	+	14 (a) of this section shall apply to the following offenses:
	65	+	15
	66	+	16 (i) Possession of a controlled substance under
	67	+	17 W.S. 35-7-1031(c);
	68	+	18
	69	+	19 (ii) Use of a controlled substance under W.S.
	70	+	20 35-7-1039.
	71	+	21
	72	+	22 (d) A person experiencing a drug overdose event shall
	73	+	23 only be eligible to receive immunity from prosecution under 2025STATE OF WYOMING25LSO-0036
	74	+	ENGROSSED
	75	+	4SF0074
	76	+	1 this section not more than two (2) times in a twelve (12)
	77	+	2 month period. The limitations under this subsection shall
	78	+	3 not apply to the person who seeks medical assistance for
	79	+	4 himself or another person in accordance with subsection (a)
	80	+	5 of this section. A person experiencing a drug overdose
	81	+	6 event shall be eligible to receive immunity for a second
	82	+	7 time in a twelve (12) month period under this subsection
	83	+	8 only upon the person completing, after the second
	84	+	9 qualifying drug overdose event, a drug treatment program
	85	+	10 approved by the applicable district attorney. The district
	86	+	11 attorney shall approve a drug treatment program consistent
	87	+	12 with the results of a substance abuse assessment
	88	+	13 administered at the expense of the person who experienced
	89	+	14 the drug overdose event.
	90	+	15
	91	+	16 (e) As used in this section:
	92	+	17
	93	+	18 (i) "Drug overdose event" means a condition,
	94	+	19 including extreme physical illness, a decreased level of
	95	+	20 consciousness or respiratory depression that a reasonable
	96	+	21 person would believe requires medical assistance to address
	97	+	22 and correct resulting from the consumption or use of a 2025STATE OF WYOMING25LSO-0036
	98	+	ENGROSSED
	99	+	5SF0074
	100	+	1 controlled substance or another substance combined with a
	101	+	2 controlled substance;
	102	+	3
	103	+	4 (ii) "Good faith" does not include seeking
	104	+	5 medical assistance or immunity under this section as a
	105	+	6 result of using a controlled substance during the course of
	106	+	7 a law enforcement agency's execution of a search warrant,
	107	+	8 arrest warrant or other lawful search or arrest.
	108	+	9
	109	+	10 (f) Nothing in this section shall be interpreted to:
	110	+	11
	111	+	12 (i) Prohibit the criminal prosecution of a
	112	+	13 person for an offense other than the offenses specified in
	113	+	14 subsection (c) of this section;
	114	+	15
	115	+	16 (ii) Limit the authority of a law enforcement
	116	+	17 officer to obtain or use evidence obtained from a report,
	117	+	18 recording or other statement provided by a person seeking
	118	+	19 medical assistance for himself or another person under this
	119	+	20 section to investigate and prosecute an offense other than
	120	+	21 the offenses listed in subsection (c) of this section.
	121	+	22 2025STATE OF WYOMING25LSO-0036
	122	+	ENGROSSED
	123	+	6SF00741W.S. 35-7-1002(a)(xxviii),
	124	+	2 35-7-1031(c)(intro) and 35-7-1039 are amended to read:
	125	+	3
	126	+	4
	127	+	5
	128	+	6 (a) As used in this act:
	129	+	7
	130	+	8 (xxviii) "This act" means W.S. 35-7-1001 through
	131	+	935-7-1064.
	132	+	10
	133	+	11
	134	+	12
	135	+	13
	136	+	14 (c) Except as provided in W.S. 35-7-1064, it is
	137	+	15 unlawful for any person knowingly or intentionally to
	138	+	16 possess a controlled substance unless the substance was
	139	+	17 obtained directly from, or pursuant to a valid prescription
	140	+	18 or order of a practitioner while acting in the course of
	141	+	19 his professional practice, or except as otherwise
	142	+	20 authorized by this act. With the exception of any drug that
	143	+	21 has received final approval from the United States food and
	144	+	22 drug administration, including dronabinol as listed in W.S.
	145	+	23 35-7-1018(h), and notwithstanding any other provision of 2025STATE OF WYOMING25LSO-0036
	146	+	ENGROSSED
	147	+	7SF0074
	148	+	1 this act, no practitioner shall dispense or prescribe
	149	+	2 marihuana, tetrahydrocannabinol, or synthetic equivalents
	150	+	3 of marihuana or tetrahydrocannabinol. No prescription or
	151	+	4 practitioner's order for marihuana, tetrahydrocannabinol,
	152	+	5 or synthetic equivalents of marihuana or
	153	+	6 tetrahydrocannabinol shall be valid, unless the
	154	+	7 prescription is for a drug that has received final approval
	155	+	8 from the United States food and drug administration,
	156	+	9 including dronabinol. Any person who violates this
	157	+	10 subsection:
	158	+	11
	159	+	12
	160	+	13
	161	+	14
	162	+	15ny person who
	163	+	16 knowingly or intentionally uses or is under the influence
	164	+	17 of a controlled substance listed in Schedules I, II or III
	165	+	18 except when administered or prescribed by or under the
	166	+	19 direction of a licensed practitioner, shall be guilty of a
	167	+	20 misdemeanor and shall be punished by imprisonment in the
	168	+	21 county jail not to exceed six (6) months or a fine not to
	169	+	22 exceed seven hundred fifty dollars ($750.00), or by both.
	170	+	23 2025STATE OF WYOMING25LSO-0036
	171	+	ENGROSSED
	172	+	8SF00741. This act is effective July 1, 2025.
38	173		2
39		-	about the person experiencing the drug overdose event and
40		-	the type of substance that may have caused the drug
41		-	overdose event; and
42		-	(v) The offense listed in subsection (c) of this
43		-	section arises from the same course of events as the drug
44		-	overdose event.
45		-	(b) The immunity from prosecution under subsection
46		-	(a) of this section shall extend to the person experiencing
47		-	the drug overdose event if all the conditions specified in
48		-	subsection (a) of this section are satisfied.
49		-	(c) The immunity from prosecution under subsection
50		-	(a) of this section shall apply to the following offenses:
51		-	(i) Possession of a controlled substance under
52		-	W.S. 35-7-1031(c);
53		-	(ii) Use of a controlled substance under W.S.
54		-	35-7-1039.
55		-	(d) A person experiencing a drug overdose event shall
56		-	only be eligible to receive immunity from prosecution under
57		-	this section not more than two (2) times in a twelve (12)
58		-	month period. The limitations under this subsection shall
59		-	not apply to the person who seeks medical assistance for
60		-	himself or another person in accordance with subsection (a)
61		-	of this section. A person experiencing a drug overdose
62		-	event shall be eligible to receive immunity for a second
63		-	time in a twelve (12) month period under this subsection
64		-	only upon the person completing, after the second
65		-	qualifying drug overdose event, a drug treatment program
66		-	approved by the applicable district attorney. The district
67		-	attorney shall approve a drug treatment program consistent ORIGINAL SENATE ENGROSSED
68		-	FILE NO. SF0074
69		-	ENROLLED ACT NO. 63, SENATE
70		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
71		-	2025 GENERAL SESSION
72		-	3
73		-	with the results of a substance abuse assessment
74		-	administered at the expense of the person who experienced
75		-	the drug overdose event.
76		-	(e) As used in this section:
77		-	(i) "Drug overdose event" means a condition,
78		-	including extreme physical illness, a decreased level of
79		-	consciousness or respiratory depression that a reasonable
80		-	person would believe requires medical assistance to address
81		-	and correct resulting from the consumption or use of a
82		-	controlled substance or another substance combined with a
83		-	controlled substance;
84		-	(ii) "Good faith" does not include seeking
85		-	medical assistance or immunity under this section as a
86		-	result of using a controlled substance during the course of
87		-	a law enforcement agency's execution of a search warrant,
88		-	arrest warrant or other lawful search or arrest.
89		-	(f) Nothing in this section shall be interpreted to:
90		-	(i) Prohibit the criminal prosecution of a
91		-	person for an offense other than the offenses specified in
92		-	subsection (c) of this section;
93		-	(ii) Limit the authority of a law enforcement
94		-	officer to obtain or use evidence obtained from a report,
95		-	recording or other statement provided by a person seeking
96		-	medical assistance for himself or another person under this
97		-	section to investigate and prosecute an offense other than
98		-	the offenses listed in subsection (c) of this section.
99		-	Section 2. W.S. 35-7-1002(a)(xxviii),
100		-	35-7-1031(c)(intro) and 35-7-1039 are amended to read: ORIGINAL SENATE ENGROSSED
101		-	FILE NO. SF0074
102		-	ENROLLED ACT NO. 63, SENATE
103		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
104		-	2025 GENERAL SESSION
105		-	4
106		-	35-7-1002. Definitions.
107		-	(a) As used in this act:
108		-	(xxviii) "This act" means W.S. 35-7-1001 through
109		-	35-7-1063 35-7-1064.
110		-	35-7-1031. Unlawful manufacture or delivery;
111		-	counterfeit substance; unlawful possession.
112		-	(c) t is
113		-	unlawful for any person knowingly or intentionally to
114		-	possess a controlled substance unless the substance was
115		-	obtained directly from, or pursuant to a valid prescription
116		-	or order of a practitioner while acting in the course of
117		-	his professional practice, or except as otherwise
118		-	authorized by this act. With the exception of any drug that
119		-	has received final approval from the United States food and
120		-	drug administration, including dronabinol as listed in W.S.
121		-	35-7-1018(h), and notwithstanding any other provision of
122		-	this act, no practitioner shall dispense or prescribe
123		-	marihuana, tetrahydrocannabinol, or synthetic equivalents
124		-	of marihuana or tetrahydrocannabinol. No prescription or
125		-	practitioner's order for marihuana, tetrahydrocannabinol,
126		-	or synthetic equivalents of marihuana or
127		-	tetrahydrocannabinol shall be valid, unless the
128		-	prescription is for a drug that has received final approval
129		-	from the United States food and drug administration,
130		-	including dronabinol. Any person who violates this
131		-	subsection:
132		-	35-7-1039. Person using or under influence of
133		-	controlled substance. ORIGINAL SENATE ENGROSSED
134		-	FILE NO. SF0074
135		-	ENROLLED ACT NO. 63, SENATE
136		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
137		-	2025 GENERAL SESSION
138		-	5
139		-	Except as provided in W.S. 35-7-1064, any person who
140		-	knowingly or intentionally uses or is under the influence
141		-	of a controlled substance listed in Schedules I, II or III
142		-	except when administered or prescribed by or under the
143		-	direction of a licensed practitioner, shall be guilty of a
144		-	misdemeanor and shall be punished by imprisonment in the
145		-	county jail not to exceed six (6) months or a fine not to
146		-	exceed seven hundred fifty dollars ($750.00), or by both.
147		-	Section 3. This act is effective July 1, 2025.
148		-	(END)
149		-	Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
150		-	I hereby certify that this act originated in the Senate.
151		-	Chief Clerk
	174	+	3 (END)