Katelyn Baker
Well-Known Member
Cheyenne — A Senate committee on Monday scaled back a bill that modifies the penalty structure for marijuana possession and closes the "edibles loophole" for marijuana-containing products.
House Bill 197 was passed by the House of Representatives last week on a 52-6-2 vote. Under the House version of the bill, each consecutive marijuana possession offense — regardless of the form of the drug — carried higher penalties, provided the crimes occurred within a five-year "look-back period."
But the Senate Judiciary Committee approved amendments to the bill that extend the look-back period to the originally proposed 10 years and drops the plant form of marijuana out of the bill completely, meaning the tiered penalty system would apply only to edibles and other THC-containing products.
The latter amendment also means the existing penalty structure for the plant form of marijuana would remain in place.
The committee did not take a vote on the bill, instead deciding to table the issue until Wednesday or a committee meeting next week.
Committee members said that would allow time to review changes to the bill, as well as proposed changes offered by state agencies and others.
Under the proposed law as amended by the Senate committee, someone caught with 8 ounces of a marijuana-infused product would face a fine of up to $200 and/or 20 days in jail for a first offense. The punishments increase to a felony on the fourth offense.
The goal of the bill, originally sponsored by Rep. Jared Olsen, R-Cheyenne, is to close the "edibles loophole," which refers to the situation in Wyoming law that does not adequately address edibles or other marijuana products, compared with the plant form of marijuana.
The Legislature has attempted to close the "edibles loophole" in the past, but lawmakers have been unable to come to an agreement on the issue.
In September, the Legislature's Joint Judiciary Interim Committee discussed a complete overhaul of marijuana punishments that would have created a tiered system of penalties for all forms of marijuana. But at its November meeting, the committee declined to move forward with that bill.
Law enforcement representatives have spoken in favor of Olsen's bill, saying it gives clarity on how to deal with edibles and other marijuana products.
However, there were still concerns over what weight limits should be in the law and the availability of treatment options for those convicted of marijuana possession.
In addition, other lawmakers have been in favor of decriminalizing marijuana possession, at least on the first offense, and attempts in the House were made to insert such a provision in Olsen's bill.
Sen. Tara Nethercott, R-Cheyenne, said she wasn't comfortable with moving the bill forward as now written, in part due to the concerns brought to the committee and the number of amendments offered for the bill.
"This bill is not ready for prime time," she said.
But Sen. Larry Hicks, R-Baggs, argued the Joint Judiciary Committee has been working on the issue since the edibles loophole emerged and said something needs to be passed.
"This is one of those issues we are never going to come to consensus on in the state of Wyoming," he said.
The committee may decide to advance the bill after it is discussed again. If the bill is changed in the Senate, those changes must be reconciled with the version passed by the House.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Senate Committee Amends Marijuana Bill
Author: Matt Murphy
Contact: 307-266-0520
Photo Credit: Brennan Linsley
Website: Casper Star Tribune
House Bill 197 was passed by the House of Representatives last week on a 52-6-2 vote. Under the House version of the bill, each consecutive marijuana possession offense — regardless of the form of the drug — carried higher penalties, provided the crimes occurred within a five-year "look-back period."
But the Senate Judiciary Committee approved amendments to the bill that extend the look-back period to the originally proposed 10 years and drops the plant form of marijuana out of the bill completely, meaning the tiered penalty system would apply only to edibles and other THC-containing products.
The latter amendment also means the existing penalty structure for the plant form of marijuana would remain in place.
The committee did not take a vote on the bill, instead deciding to table the issue until Wednesday or a committee meeting next week.
Committee members said that would allow time to review changes to the bill, as well as proposed changes offered by state agencies and others.
Under the proposed law as amended by the Senate committee, someone caught with 8 ounces of a marijuana-infused product would face a fine of up to $200 and/or 20 days in jail for a first offense. The punishments increase to a felony on the fourth offense.
The goal of the bill, originally sponsored by Rep. Jared Olsen, R-Cheyenne, is to close the "edibles loophole," which refers to the situation in Wyoming law that does not adequately address edibles or other marijuana products, compared with the plant form of marijuana.
The Legislature has attempted to close the "edibles loophole" in the past, but lawmakers have been unable to come to an agreement on the issue.
In September, the Legislature's Joint Judiciary Interim Committee discussed a complete overhaul of marijuana punishments that would have created a tiered system of penalties for all forms of marijuana. But at its November meeting, the committee declined to move forward with that bill.
Law enforcement representatives have spoken in favor of Olsen's bill, saying it gives clarity on how to deal with edibles and other marijuana products.
However, there were still concerns over what weight limits should be in the law and the availability of treatment options for those convicted of marijuana possession.
In addition, other lawmakers have been in favor of decriminalizing marijuana possession, at least on the first offense, and attempts in the House were made to insert such a provision in Olsen's bill.
Sen. Tara Nethercott, R-Cheyenne, said she wasn't comfortable with moving the bill forward as now written, in part due to the concerns brought to the committee and the number of amendments offered for the bill.
"This bill is not ready for prime time," she said.
But Sen. Larry Hicks, R-Baggs, argued the Joint Judiciary Committee has been working on the issue since the edibles loophole emerged and said something needs to be passed.
"This is one of those issues we are never going to come to consensus on in the state of Wyoming," he said.
The committee may decide to advance the bill after it is discussed again. If the bill is changed in the Senate, those changes must be reconciled with the version passed by the House.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Senate Committee Amends Marijuana Bill
Author: Matt Murphy
Contact: 307-266-0520
Photo Credit: Brennan Linsley
Website: Casper Star Tribune
