Controlled Substances Act-possession amendments. | 24LSO-0054, 1.0 |
FISCAL NOTE
The fiscal impact to the judicial system is indeterminable due to an unknown number of cases.
There is no significant fiscal or personnel impact to the Attorney General’s Office.
Prepared by: Hank Hoversland, LSO Phone: 777-7881
(Information provided by Steve Winders, Attorney General's Office, 307-777-7840; Claire Smith, Supreme Court, 307-777-7502)
HB0030
2024 | STATE OF WYOMING | 24LSO-0054 Numbered 2.0 |
HOUSE BILL NO. HB0030
Controlled Substances Act-possession amendments.
Sponsored by: Joint Judiciary Interim Committee
A BILL
for
AN ACT relating to controlled substances; eliminating the form of a controlled substance as an element of the misdemeanor offense of unlawful possession of a controlled substance; amending prohibitions on the possession of controlled substances as specified; specifying and amending penalties based on the amount of controlled substances; repealing obsolete provisions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 35‑7‑1031(c)(intro) and by creating new paragraphs (vi) through (xiv) is amended to read:
35‑7‑1031. Unlawful manufacture or delivery; counterfeit substance; unlawful possession.
(c) 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. 35‑7‑1018(h), and notwithstanding any other provision of this act, no practitioner shall dispense or prescribe marihuana, tetrahydrocannabinol, or synthetic equivalents of marihuana or tetrahydrocannabinol. No prescription or practitioner's order for marihuana, tetrahydrocannabinol, or synthetic equivalents of marihuana 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 shall be subject to the following:
(vi) Except as provided in this paragraph and paragraphs (viii) through (xi) of this subsection, any person who violates this subsection and has in his possession a controlled substance classified in Schedule I, II, III or IV in an amount of less than three (3) grams is:
(A) For a first or second offense of this paragraph, including convictions for violations of similar laws in other jurisdictions, guilty of a misdemeanor punishable by imprisonment for not more than twelve (12) months, a fine of not more than one thousand dollars ($1,000.00), or both;
(B) For a third or subsequent offense of this paragraph, including convictions for violations of similar laws in other jurisdictions, guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.
(vii) Except as provided in paragraphs (viii) and (ix) of this subsection, any person who violates this subsection and has in his possession methamphetamine or another controlled substance classified in Schedule I or II that is a narcotic drug in an amount of three (3) grams or more is guilty of a felony punishable by imprisonment for not more than seven (7) years, a fine of not more than fifteen thousand dollars ($15,000.00), or both;
(viii) Any person who violates this subsection and has in his possession methamphetamine in liquid form, heroin in liquid form, fentanyl in liquid form or LSD (lysergic acid diethylamide) in an amount of less than three‑tenths (0.3) grams is:
(A) For a first or second offense of this paragraph, including convictions for violations of similar laws in other jurisdictions, guilty of a misdemeanor punishable by imprisonment for not more than twelve (12) months, a fine of not more than one thousand dollars ($1,000.00), or both;
(B) For a third or subsequent offense of this paragraph, including convictions for violations of similar laws in other jurisdictions, guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.
(ix) Any person who violates this subsection and has in his possession methamphetamine in liquid form, heroin in liquid form, fentanyl in liquid form or LSD (lysergic acid diethylamide) in an amount of three‑tenths (0.3) grams or more is guilty of a felony punishable by imprisonment for not more than seven (7) years, a fine of not more than fifteen thousand dollars ($15,000.00), or both;
(x) Any person who violates this subsection and has in his possession marihuana or tetrahydrocannabinol in an amount of less than three (3) ounces is:
(A) For a first or second offense of this paragraph, including convictions for violations of similar laws in other jurisdictions, guilty of a misdemeanor punishable by imprisonment for not more than twelve (12) months, a fine of not more than one thousand dollars ($1,000.00), or both;
(B) For a third or subsequent offense of this paragraph, including convictions for violations of similar laws in other jurisdictions, guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.
(xi) Any person who violates this subsection and has in his possession marihuana or tetrahydrocannabinol in an amount of three (3) ounces or more is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both;
(xii) Any person who violates this subsection and has in his possession any controlled substance classified in Schedule I, II or III that is not otherwise listed in this subsection in an amount of three (3) grams or more is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both;
(xiii) Any person who violates this subsection and has in his possession any controlled substance classified in Schedule IV in an amount of three (3) grams or more is guilty of a felony punishable by imprisonment for not more than two (2) years, a fine of not more than two thousand five hundred dollars ($2,500.00), or both;
(xiv) Any person who violates this subsection and has in his possession any controlled substance in Schedule V in any amount is guilty of a misdemeanor punishable by imprisonment for not more than twelve (12) months, a fine of not more than one thousand dollars ($1,000.00), or both.
Section 2. W.S. 35‑7‑1031(c)(i) through (v) is repealed.
Section 3. This act is effective July 1, 2024.
(END)
| 1 | HB0030 |
HB0030 | Controlled Substances Act-possession amendments. |
Sponsored By: Joint Judiciary Interim Committee
AN ACT relating to controlled substances; eliminating the form of a controlled substance as an element of the misdemeanor offense of unlawful possession of a controlled substance; amending prohibitions on the possession of controlled substances as specified; specifying and amending penalties based on the amount of controlled substances; repealing obsolete provisions; and providing for an effective date.
12/21/2023 Bill Number Assigned
1/24/2024 H Received for Introduction
2/13/2024 H Introduced and Referred to H01 - Judiciary 55-6-1-0-0
ROLL CALL
Ayes: Representative(s) Allemand, Allred, Andrew, Banks, Bear, Berger, Brown, Burkhart, Jr, Byron, Chadwick, Chestek, Clouston, Conrad, Crago, Davis, Eklund, Haroldson, Harshman, Heiner, Henderson, Jennings, Knapp, Larsen, Lloyd, Larson, Jt, Lawley, Locke, Neiman, Newsome, Nicholas, Niemiec, Northrup, Oakley, Obermueller, O'hearn, Ottman, Pendergraft, Penn, Rodriguez-Williams, Sherwood, Slagle, Smith, Speaker Sommers, Stith, Storer, Strock, Styvar, Tarver, Walters, Ward, Washut, Western, Winter, Wylie, Zwonitzer, Dan, Zwonitzer, Dave
Nays: Representative(s) Hornok, Olsen, Provenza, Singh, Trujillo, Yin
Excused: Representative Angelos
Ayes 55 Nays 6 Excused 1 Absent 0 Conflicts 0
2/20/2024 H01 - Judiciary:Recommend Do Pass 8-1-0-0-0
ROLL CALL
Ayes: Representative(s) Chestek, Crago, Haroldson, Jennings, Niemiec, Oakley, Rodriguez-Williams, Washut
Nays: Representative Provenza
Ayes 8 Nays 1 Excused 0 Absent 0 Conflicts 0
2/20/2024 H Placed on General File
2/21/2024 H COW:Passed
2/22/2024 H 2nd Reading:Passed
2/23/2024 H 3rd Reading:Passed 57-5-0-0-0
ROLL CALL
Ayes: Representative(s) Allemand, Allred, Angelos, Banks, Bear, Berger, Brown, Burkhart, Jr, Byron, Chadwick, Chestek, Clouston, Conrad, Crago, Davis, Eklund, Haroldson, Harshman, Heiner, Henderson, Hornok, Jennings, Knapp, Larsen, Lloyd, Larson, Jt, Lawley, Locke, Neiman, Newsome, Nicholas, Niemiec, Northrup, Oakley, Obermueller, O'hearn, Ottman, Pendergraft, Penn, Rodriguez-Williams, Sherwood, Singh, Slagle, Smith, Speaker Sommers, Stith, Storer, Strock, Styvar, Tarver, Trujillo, Walters, Ward, Washut, Winter, Wylie, Zwonitzer, Dan, Zwonitzer, Dave
Nays: Representative(s) Andrew, Olsen, Provenza, Western, Yin
Ayes 57 Nays 5 Excused 0 Absent 0 Conflicts 0
2/23/2024 S Received for Introduction
2/23/2024 S Introduced and Referred to S01 - Judiciary
2/28/2024 S01 - Judiciary:Recommend Do Pass 3-2-0-0-0
ROLL CALL
Ayes: Senator(s) Cooper, Furphy, Landen
Nays: Senator(s) Case, Schuler
Ayes 3 Nays 2 Excused 0 Absent 0 Conflicts 0
2/28/2024 S Placed on General File
2/28/2024 S COW:Failed 13-18-0-0-0
ROLL CALL
Ayes: Senator(s) Anderson, Boner, Cooper, Dockstader, Ellis, Furphy, Hicks, Hutchings, Kinskey, Landen, President Driskill, Scott, Steinmetz
Nays: Senator(s) Baldwin, Barlow, Biteman, Bouchard, Brennan, Case, French, Gierau, Ide, Jones, Kolb, Laursen, Mckeown, Nethercott, Pappas, Rothfuss, Salazar, Schuler
Ayes 13 Nays 18 Excused 0 Absent 0 Conflicts 0