Wyoming: Medical Marijuana Law Overview and State Fines/Penalties - 1/01/2017

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Wyoming: Medical Marijuana Law Overview and State Fines/Penalties - 1/01/2017

Wyoming Medical Marijuana Law

On July 1 of 2015 Gov. Mead signed HB 32 into law. This law extends legal protections to some patients using some high CBD extractions. The law does not contain any provision for cultivation, production or distribution of cannabis and therefore forces patients to leave the state to legally acquire their medicine. The law only allows for extracts with greater than 5% CBD and less than 0.3% THC by weight. The only patients eligible for this program are those with intractable epilepsy and seizure disorders. Minors are eligible for medical cannabis, though their parents or legal guardians must administer it.

Eligible Conditions
Restricted to patients suffering from intractable epilepsy or seizure disorders.

Penalty Details

See
  • Wyoming Controlled Substances Act, Wyo. Stat. Ann. § 35-7-1001 through 1057 (2014)

Possession
Any person using or under the influences marijuana is subject to a misdemeanor punishable by a maximum of 6 months imprisonment and a maximum fine of $750, or both.

See
  • Wyo. Stat. Ann. § 35-7-1039

Possession of three ounces or less is a misdemeanor punishable by no more than 12 months imprisonment and a maximum fine of $1,000, or both.

See
  • Wyo. Stat. Ann. § 35-7-1031 (2014)

Possession of more than 3 ounces is a felony punishable by a maximum of 5 years imprisonment and a maximum $10,000 fine, or both.

See
  • Wyo. Stat. Ann. § 35-7-1031 (2014)

Sale or Distribution
Sale of any amount is a felony punishable by a maximum of 10 years imprisonment and a maximum fine of $10,000 or both.

See
  • Wyo. Stat. Ann. § 35-7-1040 (2014)

Cultivation
Cultivating any amount of marijuana is misdemeanor, punishable by a maximum of 6 months imprisonment and a maximum fine of $1,000.

See
  • Wyo. Stat. Ann. § 35-7-1002 (2014)

Hash & Concentrates
Any equipment, device, or material used to make hashish or extracts is considered paraphernalia.

See
  • Wyo. Stat. Ann. § 35-7-1002(xxvii) (2014)

Possession of 0.3 grams or less of a liquid concentrate, such as hashish oil, is a misdemeanor, punishable by a maximum term of imprisonment of up to 12 months and/or a maximum fine of $1,000.

Possession of more than .3 grams of a liquid concentrate is a felony punishable by a maximum term of imprisonment up to 5 years and/or a fine of no more than $10,000.

See
  • Wyo. Stat. Ann. § 35-7-1031 (2014)

Paraphernalia
Possession of paraphernalia is a crime which is punishable by a maximum of 6 months imprisonment and a maximum fine of $750.

See
  • Wyo. Stat. Ann. § 35-7-1002 (2014)

Miscellaneous
A third or subsequent offense for possession of more than 3 ounces is punishable by a maximum of 5 years imprisonment, a maximum fine of $5,000, or both.

See
  • Wyo. Stat. Ann. § 35-7-1031 (2014)

Anyone adult who distributes marijuana to someone under the age of 18 who is more than 3 years his junior is subject to felony charge, with a maximum penalty of 20 years imprisonment and/or a $10,000 fine. A conviction within 500 feet from a school is subject to an additional $500 fine.

See
  • Wyo. Stat. Ann. § 35-7-1036(a) (2014)

CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

MEDICAL CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC to treat severe, debilitating epileptic conditions.
Source: NORML & Americans for Safe Access