.. STATE OF WYOMING 15LSO-0166 1 HB0029 HOUSE BILL NO. HB0029 Marihuana possession. Sponsored by: Representative(s) Byrd A BILL for AN ACT relating to marihuana possession; amending penalties 1 for marihuana possession as specified; and providing for an 2 effective date. 3 4 Be It Enacted by the Legislature of the State of Wyoming: 5 6 Section 1. W.S. 35-7-1031(c)(i)(intro), (A), by 7 creating a new subparagraph (G) and by creating new 8 paragraphs (vi) and (vii) is amended to read: 9 10 35-7-1031. Unlawful manufacture or delivery; 11 counterfeit substance; unlawful possession. 12 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 2015 STATE OF WYOMING 15LSO-0166 2 HB0029 valid prescription or order of a practitioner while acting 1 in the course of his professional practice, or except as 2 otherwise authorized by this act. With the exception of 3 dronabinol as listed in W.S. 35-7-1018(h), and 4 notwithstanding any other provision of this act, no 5 practitioner shall dispense or prescribe marihuana, 6 tetrahydrocannabinol, or synthetic equivalents of marihuana 7 or tetrahydrocannabinol and no prescription or 8 practitioners order for marihuana, tetrahydrocannabinol, 9 or synthetic equivalents of marihuana or 10 tetrahydrocannabinol shall be valid. Any person who 11 violates this subsection: 12 13 (i) And has in his possession a controlled 14 substance in the amount set forth in this paragraph is may 15 be guilty of a misdemeanor punishable and may be punished 16 by imprisonment for not more than twelve (12) months, a 17 fine of not more than one thousand dollars ($1,000.00), or 18 both. Any person convicted for a third or subsequent 19 offense under this paragraph, including convictions for 20 violations of similar laws related to possession of 21 controlled substances in other jurisdictions, shall be 22 imprisoned for a term not more than five (5) three (3) 23 2015 STATE OF WYOMING 15LSO-0166 3 HB0029 years, fined not more than five thousand dollars 1 ($5,000.00) three thousand dollars ($3,000.00), or both. 2 For purposes of this paragraph, the amounts of a controlled 3 substance are as follows: 4 5 (A) Except as provided in subparagraph (G) 6 of this paragraph, for a controlled substance in plant 7 form, no more than three (3) ounces; 8 9 (G) For marihuana, no more than three (3) 10 ounces but greater than one (1) ounce. 11 12 (vi) And has in his possession marihuana for a 13 first or second offense: 14 15 (A) In an amount no more than one (1) ounce 16 but greater than one-half (1/2) ounce shall be subject to a 17 civil penalty of one hundred dollars ($100.00); or 18 19 (B) In an amount no more than one-half 20 (1/2) ounce shall be subject to a civil penalty of fifty 21 dollars ($50.00) for a first or second offense. 22 23 2015 STATE OF WYOMING 15LSO-0166 4 HB0029 (vii) And has in his possession marihuana for a 1 third or subsequent offense in an amount no more than one 2 (1) ounce shall be subject to the following: 3 4 (A) Mandatory counseling; 5 6 (B) A fine of not less than five hundred 7 dollars ($500.00) but not more than one thousand dollars 8 ($1,000.00); 9 10 (C) Imprisonment for not more than thirty 11 (30) days; 12 13 (D) Probation for a term not to exceed one 14 (1) year. Probation under this subparagraph may be in 15 addition to or in lieu of a fine or imprisonment under this 16 paragraph. 17 18 Section 2. This act is effective July 1, 2015. 19 20 (END)
Posted on: Sun, 04 Jan 2015 00:20:01 +0000
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