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[Home](https://wyoleg.gov/Legislation/2021/HB0209) 2. [Legislation](https://wyoleg.gov/Legislation) 3. [2021](https://wyoleg.gov/Legislation/2021) 4. HB0209 ### HB0209 - Regulation of marijuana. - Bill Text - Status - Amendments - Fiscal Note - Votes - Digest The current version of the bill text is displayed below. To view all versions of the bill with page and line numbers, use the PDF documents located to the right, under "Bill Versions & Resources." | | | | |---|---|---| | 2021 | STATE OF WYOMING | 21LSO-0276Numbered2\.0 | HOUSE BILL NO. HB0209 Regulation of marijuana. Sponsored by: Representative(s) Olsen, Baker, Barlow, Brown, Burt, Connolly, Provenza, Romero-Martinez, Sweeney, Western, Yin and Zwonitzer and Senator(s) Case and Rothfuss A BILL for AN ACT relating to food and drugs; establishing licensing requirements and procedures for the production, testing and sale of marijuana; generally providing for the regulation of marijuana-related activities; prohibiting discrimination based on marijuana activities; specifying private rights to prohibit activities involving marijuana; providing for the local regulation of marijuana as specified; establishing offenses and civil penalties for the possession of specified amounts of marijuana and marijuana products; amending criminal penalties for the possession of marijuana as specified; establishing additional offenses related to marijuana; imposing taxes on marijuana and providing for the distribution of tax revenues; defining terms; making conforming amendments; repealing obsolete provisions; requiring rulemaking; and providing for effective dates. Be It Enacted by the Legislature of the State of Wyoming: Section 1. W.S. 11‑52‑101 through 11‑52‑616 and 39‑24‑101 through 39‑24‑110 are created to read: CHAPTER 52 MARIJUANA ARTICLE 1 GENERAL PROVISIONS 11‑52‑101\. Definitions. (a) As used in this chapter: (i) "Child‑resistant" means packaging or containers of a product that is specially designed or constructed to be significantly difficult for a typical child under five (5) years of age to open but not to be significantly difficult for a typical adult to open and reseal and, for products intended for multiple uses or that contains multiple servings, is resealable; (ii) "Cultivation" or "cultivate" means the planting, propagation, growing, harvesting, drying, curing, grading, trimming or other similar processing of marijuana for use or sale. "Cultivation" or "cultivate" does not include manufacturing or testing; (iii) "Edible marijuana product" means a marijuana product intended to be consumed orally, including any type of food, drink or pill containing marijuana or marijuana concentrate; (iv) "Licensed premises" means the premises specified in a license to operate a marijuana establishment within which the licensee is authorized under this chapter and the regulations adopted under this chapter to cultivate, manufacture, test or sell retail marijuana or retail marijuana products; (v) "Licensee" means a person licensed under this chapter to operate a marijuana establishment; (vi) "Local license" means a license issued by a city, town or county pursuant to W.S. 11‑52‑301 that permits a person to operate a marijuana establishment in the city, town or county; (vii) "Manufacturing" or "manufacture" means the production of marijuana products or the blending, infusing, compounding or other preparation of marijuana and marijuana products, including marijuana extraction or preparation by means of chemical synthesis. "Manufacturing" or "manufacture" does not include cultivation or cultivating; (viii) "Marijuana" means all parts of the plant of the genus Cannabis, whether growing or not; the seed thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. "Marijuana" does not include: (A) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination; (B) Any oily extract containing one (1) or more cannabinoids unless the extract contains not greater than twelve percent (12%) of THC by weight; (C) Hemp or hemp product as defined in W.S. 11‑51‑101(a)(iii). (ix) "Marijuana concentrate" means marijuana that has undergone a process to concentrate one (1) or more active cannabinoids to increase the marijuana's potency. For purposes of this chapter, resin from granular trichomes from a marijuana plant is marijuana concentrate; (x) "Marijuana cultivation facility" means a facility licensed under this chapter to: (A) Purchase marijuana plants and seeds from other marijuana cultivation facilities; (B) Cultivate, label and package marijuana; (C) Transfer possession of retail marijuana to marijuana secure transporters; (D) Sell marijuana to marijuana manufacturing facilities, retail marijuana stores and other marijuana cultivation facilities; (E) Sell marijuana plants and seeds to other marijuana cultivation facilities and immature marijuana plants and seedlings to retail marijuana stores. (xi) "Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a marijuana manufacturing facility, a marijuana secure transporter, a retail marijuana store or a marijuana microbusiness; (xii) "Marijuana manufacturing facility" means a facility licensed under this chapter to: (A) Purchase marijuana from a marijuana cultivation facility or another marijuana manufacturing facility; (B) Manufacture, label and package marijuana and marijuana products; (C) Transfer possession of retail marijuana and retail marijuana products to marijuana secure transporters; (D) Sell marijuana and marijuana products to marijuana stores and to other marijuana manufacturing facilities. (xiii) "Marijuana microbusiness" means a facility licensed under this chapter to: (A) Cultivate not greater than one hundred fifty (150) marijuana plants at any one (1) time; (B) Prepare, manufacture, label and package marijuana and marijuana products obtained from those plants; (C) Sell specified amounts of marijuana and marijuana products. (xiv) "Marijuana paraphernalia" means all equipment, products and materials of any kind that are either designed for use or are intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling marijuana or otherwise introducing marijuana into the human body; (xv) "Marijuana products" means products that are composed of marijuana and other ingredients and are intended for use or consumption, including edible products, ointments and tinctures; (xvi) "Marijuana secure transporter" means a person licensed under this chapter to obtain marijuana from a marijuana establishment and transport the marijuana to another marijuana establishment; (xvii) "Marijuana testing facility" means a facility licensed under this chapter to develop, research and test marijuana, marijuana products and other substances; (xviii) "Non‑retail marijuana" means marijuana that is not cultivated, manufactured or sold by a licensed marijuana establishment; (xix) "Non‑retail marijuana products" means marijuana products that are not manufactured or sold by a licensed marijuana establishment; (xx) "Retail marijuana" means marijuana that is cultivated, manufactured and sold by a licensed marijuana establishment or that is cultivated or manufactured by a person pursuant to W.S. 11‑52‑502; (xxi) "Retail marijuana products" means marijuana products that are manufactured and sold by a licensed marijuana establishment or that are manufactured by a person pursuant to W.S. 11‑52‑502; (xxii) "Retail marijuana store" means a facility licensed under this chapter to: (A) Purchase marijuana, immature marijuana plants and seedlings from a marijuana cultivation facility; (B) Purchase marijuana and marijuana products from a marijuana manufacturing facility; (C) Receive possession of retail marijuana and retail marijuana products from marijuana secure transporters; (D) Sell retail marijuana, retail marijuana products, immature marijuana plants and seedlings to consumers. (xxiii) "State license" means a license issued by the department that permits a person to operate a marijuana establishment; (xxiv) "Testing" or "test" means the research and analysis of marijuana, marijuana products or other substances for contaminants, potency and safety; (xxv) "THC" means tetrahydrocannabinol, the psychoactive component of the cannabis plant, with the scientific name trans‑delta 9‑tetrahydrocannabinol. 11‑52‑102\. Department of agriculture; powers and duties; subpoenas; failure to obey. (a) The board shall: (i) Promulgate rules in accordance with the Wyoming Administrative Procedure Act and W.S. 11‑52‑103 to further the requirements of this act; (ii) Grant, suspend and revoke state licenses for the cultivation, manufacture, transportation, sale and testing of retail marijuana and retail marijuana products; (iii) Assess and collect civil penalties for violations of this chapter and regulations promulgated under this chapter; (iv) Employ personnel and contract with advisors and consultants as necessary to adequately perform the duties required under this chapter; (v) Hold not less than four (4) public meetings during each calendar year for the purpose of hearing complaints and receiving the views of the public with respect to the administration of this chapter; (vi) Not later than November 1 of each year, submit an annual report to the governor and the legislature with the following information: (A) The number of state licenses issued and currently active for each category of license; (B) Demographic information concerning the licensees; (C) A description of enforcement and disciplinary actions taken against licensees; (D) In coordination with the department of revenue, a statement of revenues and expenses of the department related to the implementation, administration and enforcement of this chapter. (vii) Perform any and all acts necessary to carry out the purposes of this chapter. (b) The director or the board, with respect to matters within their respective jurisdictions, may: (i) Conduct hearings, obtain information and make studies and investigations under this chapter, or as necessary to assist in prescribing any rules, regulations, orders or amendment of orders or in the administration and enforcement of this chapter and regulations and orders hereunder; (ii) Require any person who is engaged as a producer, processor or handler of any marijuana product to furnish any information under oath, affirmation or otherwise, to make and keep records and other documents and to make reports, and require any person to permit the inspection and copying of records and other documents; (iii) Administer oaths and affirmations and whenever necessary, subpoena any person to appear and testify or to appear and produce all books, documents, papers and records at any designated place as necessary to administer this chapter. (c) In case of refusal to obey a subpoena served upon any person, the district court for any county in which the person is found or resides or transacts business, upon application by the director or the board, may issue an order requiring the person to appear and give testimony or to appear and produce documents or both. Any failure to obey the order of the court may be punished by the court as a contempt. (d) All retail marijuana and retail marijuana products offered for sale in Wyoming in accordance with this chapter and with title 39, chapter 24 of the Wyoming statutes shall have affixed a stamp, imprint or impression on each package of retail marijuana or a retail marijuana product. The department shall promulgate rules for requiring all retail marijuana store and microbusiness licensees selling retail marijuana or retail marijuana products to procure and affix stamps, imprints or impressions on each package of retail marijuana or retail marijuana product. The department shall obtain suitable stamps for use as required by this section. The department may sell the stamps to licensees at a cost not to exceed the administrative costs of administering this subsection. The department shall keep accurate records of all stamps provided to licensees. The department may authorize licensees to use department approved metering machines to affix imprints or impressions in lieu of affixing stamps. The machine shall be sealed by the department and used pursuant to rules and regulations of the department. The department shall inspect and read each metering machine at least once a month or may approve and appoint a bank within Wyoming of the licensee's choice to act as setting agent pursuant to rules and regulations of the department. No licensee shall sell or transfer any stamps issued under this subsection. The department shall refund any unused and uncancelled stamps presented by a licensee. 11‑52‑103\. Rules and regulations. (a) The board shall adopt rules to: (i) Develop forms, applications and licenses as are necessary to administer this chapter; (ii) Prescribe procedures for issuing, renewing, suspending and revoking a state license; (iii) Provide a schedule of application, licensing and renewal fees for marijuana establishments in amounts necessary to ensure that, to the extent practicable, the total amount generated from the fees approximates the direct and indirect costs incurred by the board and department in carrying out the duties of this chapter; (iv) Establish requirements for all licensees under this chapter for the form, content and retention of all records and accounts; (v) Ensure compliance with the provisions of this chapter by requiring inspections of all licensees at a frequency that the board determines; (vi) Regulate the outdoor cultivation of marijuana by a marijuana cultivation facility licensee, including security requirements to include lighting, physical security and alarm requirements, provided that any rules promulgated under this paragraph shall not prohibit the cultivation of marijuana in a greenhouse or outdoors; (vii) Establish requirements for securely transporting marijuana between marijuana establishments; (viii) Establish sanitary standards for retail marijuana produce preparation; (ix) Establish a testing program for retail marijuana and retail marijuana products pursuant to W.S. 11‑52‑401; (x) Establish requirements for health and safety warning labels to be placed on retail marijuana and retail marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter; (xi) Establish reasonable restrictions on outdoor advertising of retail marijuana and retail marijuana products to ensure that advertising does not encourage or otherwise promote the use or consumption of retail marijuana or retail marijuana products by persons under twenty‑one (21) years of age; (xii) Require retail marijuana store licensees to file an appeal from any hearing decision rendered within thirty (30) days of the date the notice of decision is sent. (b) The board shall not adopt regulations that establish a limit on the number of any type of state licenses that may be granted or that require a customer to provide a retail marijuana store with identifying information other than identification necessary to determine the customer's age. (c) The board may promulgate: (i) Rules for the issuance of additional types or classes of state licenses to operate marijuana‑related businesses, including licenses that authorize only limited cultivation, manufacture, transportation, delivery, storage, sale or purchase of marijuana; (ii) Rules for the issuance of state licenses that authorize the consumption of retail marijuana or retail marijuana products at special events in limited areas and for a limited time; (iii) Rules for the issuance of state licenses that authorize cultivation for purposes of propagation or to facilitate scientific research or education; (iv) Any other rules that are reasonably necessary to regulate marijuana and marijuana products in accordance with this chapter. 11‑52‑104\. Seed‑to‑sale tracking system. To ensure that no retail marijuana grown or processed by a marijuana establishment is sold or otherwise transferred except by a retail marijuana store or as otherwise authorized by law, the board shall develop and maintain a seed‑to‑sale tracking system that tracks retail marijuana from either the seed or immature plant stage until the retail marijuana or retail marijuana product is sold to a customer at a retail marijuana store. 11‑52‑105\. Prohibition or regulation of retail marijuana and retail marijuana products on private property. No person shall be prohibited from prohibiting or otherwise regulating the cultivation, manufacture, testing, distribution, sale, display or consumption of retail marijuana or retail marijuana products on property that the person owns, occupies or manages. ARTICLE 2 LICENSE ADMINISTRATION 11‑52‑201\. Licensing; general application requirements. (a) An applicant for a state license to operate a marijuana establishment shall submit an application to the board on a form established by the board. An applicant shall pay any fees the board requires pursuant to this chapter or to rules promulgated under W.S. 11‑52‑103(a)(iii). Except as otherwise provided in this section, every officer, director, manager and general partner of a business entity that applies under this section shall comply with the provisions of this section. (b) Each applicant shall disclose in or include with the application the names and addresses of each person applying or participating in the application for a license and any business entities that have a direct or indirect financial interest in the state license that is sought, including the nature and extent of any financial interest the person or business entity has in any other license applied for or issued under this chapter. (c) Each applicant shall: (i) Be at least twenty‑one (21) years of age. If a business entity is applying, each officer, director, manager and general partner of the business entity shall be at least twenty‑one (21) years of age; (ii) Not have had a license, permit, certificate or other government‑issued authorization issued in another jurisdiction allowing the cultivation, manufacture, testing or sale of marijuana or marijuana products which was revoked by that jurisdiction; (iii) Submit fingerprints and personal descriptive information to the board as required by rule of the board; and (iv) Affirm under penalty of perjury that all of the information contained in the application is true and correct. (d) Any person who knowingly makes a false statement to the board for purposes of obtaining a license under this chapter shall be guilty of false swearing in violation of W.S. 6‑5‑303(c). The board shall revoke the license of a licensee if, subsequent to the issuance of a license, the board determines that the licensee knowingly or recklessly made a false statement of material fact to the board in applying for the license. (e) Upon receipt of a complete application and any required fees, the board shall: (i) Forward a copy of the application to the city, town or county where the applicant intends to establish a marijuana establishment in accordance with W.S. 11‑52‑102; (ii) Determine whether the applicant and the premises where the marijuana establishment is to be located qualify for a license and satisfy the requirements of this chapter; and (iii) Within thirty (30) days of receipt of the application, issue the appropriate license or send the applicant notice of denial of the application with the specific reasons why the board did not approve the application. 11‑52‑202\. Notice to localities. (a) Upon receiving an application for a license, the board shall notify the governing body of the city, town or county where each marijuana establishment is proposed to be located by notifying the chief law enforcement officer, town attorney and county attorney. Not later than thirty (30) days after receipt of notice under this subsection, the county and city or town shall notify the board whether the proposed marijuana establishment is in compliance with any ordinance or resolution adopted by the city, town or county pursuant to W.S. 11‑52‑301 and in effect at the time of the application and shall submit any other objections to the granting of the license. (b) A city, town or county that has limited through ordinance or resolution the number of marijuana establishments that may be licensed in accordance with W.S. 11‑52‑301 and that receives notices under subsection (a) of this section of a number of applicants that is more than the city's, town's or county's limit shall select which applications to forward to the board for approval through a competitive process that results in the selection of applicants who are best suited to operate in compliance of the provisions of this chapter. 11‑52‑203\. Multiple licenses; exceptions. (a) As used in this section, "interest" means an equity ownership interest, a partial equity ownership interest or any other type of financial interest, including an investor or serving in a management position. (b) Except as otherwise provided in this section, a person may possess one (1) or more of a marijuana cultivation facility license, a marijuana manufacturing facility license, a marijuana secure transporter license or a retail marijuana store license. No licensee who has received one (1) or more of the licenses specified in subsection (c) of this section shall receive any of the licenses specified in this subsection. (c) No licensee who has received one (1) or more of the licenses specified in subsection (b) of this section shall be issued a marijuana testing facility license or a marijuana microbusiness license or have any interest in an entity that has one (1) or more of the licenses specified in this subsection. (d) No person shall receive or have any interest in more than five (5) marijuana cultivation facility licenses or in more than one (1) marijuana microbusiness license. 11‑52‑204\. Separate licenses; posting; exception. (a) Each license granted by the board to an applicant under this chapter is separate and distinct from any other license the board issues to the same applicant. (b) Each license granted by the board under this chapter shall designate the place where the business of the licensee will be carried out. (c) Each licensee shall post the license in a location that is conspicuous to the public at the place where the licensee carries out the business for which the license is granted. (d) The privileges conferred by a license granted by the board shall continue until the last day of the twelfth month next ensuing or until the last day of the designated month and year of expiration, whichever is later. The board may terminate a license before its expiration for any cause for which the board may refuse to grant a license under W.S. 11‑52‑206 or by operation of law, voluntary surrender or order of the board. (e) The board may grant licenses for one (1) year or for multiple years, not to exceed three (3) years. The board shall determine qualifications and criteria for multi‑year licenses, provided that any fees charged for any license shall be nonrefundable. 11‑52‑205\. Maintaining possession of premises. Each license shall at all times maintain possession of the licensed premises of the marijuana establishment that the licensee is licensed to operate, whether pursuant to a lease, rental agreement or other arrangement for possession of the premises or by virtue of ownership. The board shall revoke the license of any licensee who fails to maintain possession of the licensed premises. 11‑52‑206\. Licenses; grounds for denial. (a) The board shall deny an application for a license if the board has reasonable cause to believe that: (i) The applicant or any officer, manager, director or general partner of a business entity that applies: (A) Is not twenty‑one (21) years of age or older; (B) Is not a resident of Wyoming; (C) Is not a person of good moral character and repute; (D) Is not the legitimate owner of the business proposed to be licensed or has not disclosed all persons having an ownership interest in the business; (E) Has not demonstrated sufficient financial responsibility as required by rule of the board to meet the requirements of the business proposed to be licensed; (F) Has misrepresented a material fact in applying for a license; (G) Has defrauded or attempted to defraud the board or any other governmental entity by making or filing any record, report, document or tax return required by law that is fraudulent or contains a false statement in violation of W.S. 6‑5‑303(c); or (H) Is a member or employee of the board or the department. (ii) The premises that the applicant will occupy: (A) Does not conform to the requirements of the city, town or county in which the premises are located or to the requirements established by the board; (B) Is so located that granting a license and operation thereunder would result in violations of this chapter or board regulations or of the laws of Wyoming; (C) Is located near a church, hospital, school, higher education institution, playground or other similar recreational area or a facility of any governmental entity in Wyoming such that the operation of the marijuana establishment would adversely affect or interfere with the normal, orderly conduct of the entity specified in this subparagraph; or (D) Is located in an area zoned exclusively for residential use or is within one thousand (1,000) feet of any school facility. (iii) Issuing the license would violate any law that warrants denial of the application; (iv) The board is not authorized under this chapter to issue the license. (b) The board shall refuse to grant any license to any member or employee of the board or department or to any corporation or other business entity in which the member or employee of the board is a stockholder or has any other economic interest. (c) An applicant who is a public member as defined by W.S. 9‑13‑102(a)(xiii) or a public official as defined by W.S. 9‑13‑102(a)(xiv) shall disclose his position on any application submitted under this chapter and shall state his full economic interests in any business entity that is seeking an application under this chapter. 11‑52‑207\. Denial of application; hearing; procedure. The final decision of the board to issue, suspend or revoke a license or deny an application shall be subject to judicial review in accordance with the Wyoming Administrative Procedure Act. 11‑52‑208\. Suspension and revocation of licenses. (a) The board shall suspend or revoke any license if it has reasonable cause to believe that: (i) The licensee or, if the licensee is a business entity, any officer, director, manager or general partner: (A) Has misrepresented a material fact in its application for the license; (B) Is or has been convicted of any felony or any law applicable to the cultivation, manufacture, sale or testing of marijuana or marijuana products before July 1, 2021; (C) Has violated any prohibition of this chapter; (D) Has violated or refused to comply with any regulation of the board or any condition or restriction of the license; (E) Is not or ceases to be the legitimate owner of the marijuana establishment for which the license was issued; (F) Has maintained the marijuana establishment in an unsanitary condition; (G) Has allowed any person to consume upon the licensed premises any marijuana or marijuana products except as provided under this chapter; (H) Has defrauded or attempted to defraud the board or any other governmental entity by making or filing any record, report, document or tax return required by law that is fraudulent or contains a false statement in violation of W.S. 6‑5‑303(c); or (J) Has, upon the licensed premises: (I) Illegally possessed, distributed, sold or used or has knowingly allowed any employee or other person to illegally possess, distribute, sell or use controlled substances as defined by state and federal law; (II) Laundered money in violation of law; or (III) Conspired to commit any offense related to controlled substances in violation of title 6 of the Wyoming statutes or of the Wyoming Controlled Substances Act of 1971. (ii) The premises or marijuana establishment that the licensee occupies or operates does not conform to the requirements of any local governmental entity or has been established as a nuisance in accordance with W.S. 6‑6‑201 through 6‑6‑209\. 11‑52‑209\. Suspension and revocation of licenses; civil action; administrative and judicial proceedings; disposition of marijuana and marijuana products. (a) An action to revoke any license issued under this chapter may be brought in the name of the state of Wyoming by the attorney general, any county attorney or the licensing authority for the reason that the licensee or permittee has violated this chapter. (b) Actions to revoke licenses are civil actions and shall be tried before the court without a jury. The revocation proceedings shall be in accordance with the Wyoming Rules of Civil Procedure, and the trial and all other matters to come before the court shall have a priority upon the court calendar. If, upon trial, it appears that the license of the licensee should be revoked, the court shall enter its order accordingly. The court may revoke the license upon proof that the intent and purpose of this chapter has been violated. The fact that no criminal proceeding has been instituted or that no law with sanctions has been violated is not a defense to the action. Upon the application of the state and upon a showing to the satisfaction of the court that there are probable grounds for believing the licensee's license should be revoked, the court may issue an order suspending a license during the pendency of an action for its revocation and no bond shall be required as a condition to the issuance of the suspension order. Appeal from the final district court decision may be taken according to the Wyoming Rules of Appellate Procedure, but the order of revocation shall remain in effect pending a decision by the appellate court. (c) The provisions of this section are cumulative and shall not be construed as preventing the board from revoking a license in any case authorized by law. (d) The board may revoke any license issued under this chapter for violation of any of the rules and regulations promulgated by the board pursuant to this chapter or for violation of any of the provisions of this chapter. Before suspension or final revocation of a license under this chapter the board shall issue at least two (2) written notices of the intent to revoke or suspend the license to the licensee. The notices shall be provided at least one (1) week apart and the final notice shall be provided at least thirty (30) days before any suspension or revocation. The notice shall identify the violation warranting revocation or suspension of the license, the date when it will be suspended or revoked and the ability to appeal and to continue to operate as provided in this subsection. Unless the board orders otherwise, a licensee may continue to operate under the license pending a contested case hearing under the Wyoming Administrative Procedure Act regarding the license suspension or revocation. A request for a contested case hearing shall be filed not more than thirty (30) days following the date the notice is provided under this subsection. The decision rendered at the contested case hearing shall be subject to judicial review under W.S. 16‑3‑114 except that the review shall not operate to stay a revocation or suspension order of the board during the pendency of the district court proceeding or during a later appeal to the supreme court. Should the license or permit of a licensee expire during the pendency of a contested case hearing or in any of the courts of this state, no new or renewal license shall be granted to the licensee or any other person pending the outcome of the appeal. (e) Upon the final revocation of a license, all marijuana and marijuana products in the possession of the licensee shall be delivered to the board and shall be disposed of at the direction of the board. 11‑52‑210\. Marijuana cultivation facility license. (a) The board may issue a marijuana cultivation facility license to any applicant or licensee to: (i) Purchase marijuana plants and seeds from other marijuana cultivation facilities; (ii) Cultivate, label and package retail marijuana on premises approved by the board; (iii) Transfer possession of its retail marijuana to marijuana secure transporters; (iv) Sell retail marijuana to marijuana manufacturing facilities, retail marijuana stores and other marijuana cultivation facilities; (v) Sell marijuana plants and seeds to other marijuana cultivation facilities and immature marijuana plants to retail marijuana stores. (b) No person issued a license under this section shall cultivate more than two thousand (2,000) marijuana plants at any one (1) time. (c) A marijuana cultivation facility licensee shall comply with the provisions of W.S. 11‑52‑104\. 11‑52‑211\. Marijuana manufacturing facility license. (a) The board may issue a marijuana manufacturing facility license to any applicant or licensee to: (i) Purchase retail marijuana from a marijuana cultivation facility or another marijuana manufacturing facility; (ii) Manufacture, label and package retail marijuana and retail marijuana products on premises approved by the board; (iii) Transfer possession of retail marijuana and retail marijuana products to marijuana secure transporters; (iv) Sell retail marijuana and retail marijuana products to retail marijuana stores and to other marijuana manufacturing facilities. (b) Retail marijuana products shall be prepared at a marijuana manufacturing facility on premises and with equipment that is used exclusively for the manufacture and preparation of retail marijuana and retail marijuana products. (c) A marijuana manufacturing facility licensee shall comply with the provisions of W.S. 11‑52‑104\. 11‑52‑212\. Marijuana secure transporter license. (a) The board may issue a marijuana secure transporter license to any applicant or licensee to obtain retail marijuana or retail marijuana products from a marijuana establishment and transport those products to another marijuana establishment. (b) Each marijuana secure transporter licensee shall comply with W.S. 11‑52‑104 and shall track the retail marijuana and retail marijuana products that it receives and delivers to another marijuana establishment. 11‑52‑213\. Marijuana testing facility license. (a) The board may issue a marijuana testing facility license to any applicant or licensee to develop, research and test retail marijuana, retail marijuana products and other substances for that facility, another licensee under this chapter or another person who intends to use the marijuana or marijuana product for personal use as authorized by W.S. 11‑52‑502\. (b) Nothing in this chapter shall prohibit a marijuana testing facility from developing, researching or testing other substances that are not marijuana for that facility or for another person. (c) Each licensee under this section shall obtain and maintain accreditation pursuant to standard ISO/IEC 17025 of the International Organization for Standardization ("ISO") or other comparable accreditation standard required by the board. (d) Each marijuana testing facility licensee shall comply with W.S. 11‑52‑104 and shall track all marijuana and marijuana products it receives from another licensee for testing purposes until those products are delivered, transferred or destroyed. (e) No person with an interest in a marijuana testing facility shall have any interest in a marijuana cultivation facility, a marijuana manufacturing facility, a marijuana secure transporter, a retail marijuana store or a marijuana microbusiness. No person with an interest in any marijuana cultivation facility, marijuana manufacturing facility, marijuana secure transporter, retail marijuana store or marijuana microbusiness shall have an interest in a marijuana testing facility. 11‑52‑214\. Retail marijuana store license. (a) The board may issue a retail marijuana store license to any applicant or licensee to: (i) Purchase retail marijuana, immature marijuana plants and seedlings from a marijuana cultivation facility; (ii) Purchase retail marijuana and retail marijuana products from a marijuana manufacturing facility; (iii) Receive possession of retail marijuana and retail marijuana products from marijuana secure transporters; (iv) Sell retail marijuana, retail marijuana products, immature marijuana plants, flowering marijuana plants and seedlings to consumers on premises approved by the board. (b) Retail marijuana stores shall be operated in accordance with the following: (i) No person under twenty‑one (21) years of age shall be permitted to make a purchase in a retail marijuana store; (ii) Retail marijuana, retail marijuana products, immature marijuana plants, flowering marijuana plants and seedlings shall be sold to consumers only; (iii) Retail marijuana, retail marijuana products, immature marijuana plants, flowering marijuana plants and seedlings to be sold in a retail marijuana store shall be cultivated or manufactured in Wyoming; (iv) A retail marijuana store shall not be permitted to sell more than the following during a single transaction to any one (1) person: (A) Two and one‑half (2 1/2) ounces of retail marijuana; (B) Sixteen (16) ounces of solid marijuana product; (C) Seventy‑two (72) ounces of liquid marijuana product; (D) Twelve (12) immature marijuana plants; or (E) Six (6) flowering marijuana plants. (c) A retail marijuana store may sell: (i) An unlimited number of seedlings to one (1) person during a single transaction; (ii) Any other consumable or nonconsumable products that it is otherwise permitted by law to sell, excluding tobacco and alcohol. (d) A retail marijuana store shall not: (i) Give away any retail marijuana, retail marijuana products, immature marijuana plants, flowering marijuana plants or seedlings; (ii) Sell retail marijuana, retail marijuana products, immature marijuana plants, flowering marijuana plants or seedlings to any person when at the time of the sale the retail marijuana store has reason to believe that the person to whom the sale would be made is intoxicated. (e) Each retail marijuana store licensee shall comply with W.S. 11‑52‑104 and shall track all marijuana and marijuana products that are delivered to the store until those products are sold to a consumer, transferred to a marijuana secure transporter, delivered to a marijuana testing facility or are destroyed. 11‑52‑215\. Marijuana microbusiness license. (a) The board may issue a marijuana microbusiness license to any applicant or licensee to: (i) Cultivate not greater than one hundred fifty (150) marijuana plants at any one (1) time on premises approved by the board; (ii) Manufacture, prepare and package retail marijuana and retail marijuana products produced from the plants on the approved premises; (iii) Sell retail marijuana and retail marijuana products on the approved premises provided that the retail marijuana and retail marijuana products are cultivated or manufactured in Wyoming. 11‑52‑216\. Privileges of licenses; liability for violations of law. Employees and agents of licensees may sell marijuana and marijuana products under the licensee's license. A licensee shall be held liable for any violation of this chapter or any regulation that an employee or agent commits in connection with their employment with the licensee. 11‑52‑217\. Use or consumption of marijuana or marijuana products on licensee's premises by licensee, agent or employee. No licensee, agent or employee of the licensee shall use or consume marijuana or marijuana products on the premises of the licensee except for sampling for quality control purposes as provided by rule of the board. ARTICLE 3 LOCAL REGULATION OF MARIJUANA PRODUCTS 11‑52‑301\. Local regulation of marijuana establishments generally; civil penalty. (a) The qualified voters of a city, town or county may petition the governing body for enactment of an ordinance or resolution completely prohibiting the establishment or operation of one (1) or more types of marijuana businesses or establishments licensed under this chapter or limiting the number and type of marijuana businesses or establishments licensed under this chapter. The petition shall be signed by qualified voters in the city, town or county equal in number to not less than ten percent (10%) of the number of registered voters in the city, town or county as of January 1 of the current year. (b) A city, town or county that authorizes or permits the establishment or operation of one (1) or more of the types of businesses licensed under this chapter may enact an ordinance or resolution providing licensing requirements applicable to marijuana establishments within the city's, town's or county's boundaries, including a local license requirement, local license fee schedule for fees to defray administrative and enforcement costs. No fee established under this subsection shall exceed five thousand dollars (\$5,000.00) per year. (c) A city, town or county may provide by ordinance or resolution a civil penalty for the violation of any local ordinance or resolution, provided that no civil penalty enacted shall exceed five hundred dollars (\$500.00) per violation. (d) Nothing in this chapter shall be construed to supersede or limit the authority of a city, town or county to adopt and enforce local ordinances or resolutions to regulate businesses licensed under this chapter, including local zoning and land use requirements, business license requirements and prohibitions on the establishment and operation of marijuana establishments. (e) Nothing in this section shall be construed to authorize a county to supersede or limit the actions a city or town lawfully takes under this article. 11‑52‑302\. Use or consumption of marijuana on premises of licensed retail marijuana store. (a) A city, town or county may permit the use or consumption of marijuana or marijuana products at special events in limited areas for a limited time if: (i) Access to the area where marijuana or marijuana product use or consumption is allowed is restricted to persons age twenty‑one (21) and older; (ii) Marijuana or marijuana product use or consumption is not visible from any public place or non‑restricted area by age; and (iii) The sale or consumption of alcohol or tobacco is not permitted on the premises. 11‑52‑303\. Local regulation; prohibitions. (a) No city, town or county shall: (i) Restrict the transportation of retail marijuana or retail marijuana products through the city, town or county; (ii) Adopt any ordinance, resolution or regulation that conflicts with the provisions of this chapter or any regulations promulgated by the board. ARTICLE 4 HEALTH AND SAFETY REQUIREMENTS 11‑52‑401\. Regulations for marijuana testing. (a) Subject to W.S. 11‑52‑402, the board shall establish a testing program for marijuana and marijuana products that requires a licensee to submit a representative sample of retail marijuana or retail marijuana products before being sold or distributed to a consumer or another licensee. The sample shall not exceed ten percent (10%) of the total harvest or batch and shall be submitted to a licensed marijuana testing facility to ensure that the retail marijuana or retail marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required to ensure correct labeling. (b) The board shall adopt rules to: (i) Establish a testing program pursuant to this section; (ii) Establish acceptable testing and research practices, including rules for testing practices, methods and standards, quality control analysis, equipment certification and calibration, marijuana testing facility recordkeeping, documentation and business practices, disposal of used, unused and waste retail marijuana and retail marijuana products and the reporting of test results; (iii) Identify the types of contaminants that are injurious to health for which retail marijuana and retail marijuana products shall be tested under this article; (iv) Specify the maximum level of allowable contamination for each contaminant. 11‑52‑402\. Mandatory testing; scope; recordkeeping; notice; required destruction. (a) A licensee shall not sell or distribute retail marijuana or retail marijuana products to a consumer or another licensee without submitting a representative sample of the retail marijuana or retail marijuana product for testing as required under this article. (b) Testing of retail marijuana and retail marijuana products shall include testing of the final or completed form of the retail marijuana and retail marijuana product for: (i) Residual solvents, poisons and toxins; (ii) Harmful chemicals; (iii) Dangerous molds and mildew; (iv) Harmful microbes, including Escherichia coli and salmonella; (v) Pesticides, fungicides and insecticides; (vi) THC potency, homogeneity and cannabinoid profiles to ensure correct product labeling. (c) Each licensee shall maintain a record of all testing required under this section, including a description of the retail marijuana or retail marijuana product submitted for testing, the identity of the marijuana testing facility and the results of the testing. (d) A marijuana testing facility that tests retail marijuana or retail marijuana products that exceeds the maximum level of allowable contamination for any contaminant or that is injurious to health shall immediately quarantine and document the retail marijuana or retail marijuana product and shall notify the board not later than thirty (30) days after completing the testing. A testing facility shall properly destroy the quarantined retail marijuana or retail marijuana product upon direction from the board and after the time to challenge testing results has expired or after resolution of any challenge to the testing results. (e) A marijuana testing facility is not required to notify the board of the results of any test conducted on retail marijuana or a retail marijuana product at the direction of: (i) A licensee pursuant to this section and the testing demonstrates that the marijuana or marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required; (ii) A licensee for research and development purposes only, provided that the licensee notifies the marijuana testing facility before the testing that the testing is for research and development only; or (iii) A person who is not a licensee. (f) Notwithstanding the requirements of this section, a licensee may sell or furnish to a consumer or another licensee retail marijuana or a retail marijuana product that the licensee has not submitted for testing required by this section if the retail marijuana or retail marijuana product meets all of the following requirements: (i) The retail marijuana or retail marijuana product has previously undergone testing in accordance with this article at the direction of another licensee and did not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required; (ii) The mandatory testing process and the test results for the retail marijuana or retail marijuana product are documented in accordance with the requirements of this article and any rules promulgated under this article; (iii) Tracking from immature marijuana plant to the point of retail sale has been maintained for the retail marijuana or retail marijuana product and transfers to another licensee or to a consumer can be easily identified; and (iv) Since the performance of the testing under paragraph (i) of this subsection, the retail marijuana or retail marijuana product has not undergone any further processing, alteration or manufacturing. (g) Licensees shall destroy harvested batches of retail marijuana or batches of retail marijuana product whose testing samples indicate noncompliance with the standards established in this article unless remedial measures can bring the retail marijuana or retail marijuana products into compliance with the requirements of this article to the board's satisfaction. 11‑52‑403\. Labeling and packaging requirements; prohibitions. (a) Retail marijuana and retail marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter shall be labeled with the following: (i) Identification of the type of marijuana or marijuana product and the date of cultivation, manufacturing and packaging; (ii) The license numbers of the marijuana cultivation facility, marijuana manufacturing facility and the retail marijuana store where the retail marijuana or retail marijuana product was cultivated, manufactured and offered for sale; (iii) A statement of the net weight of the retail marijuana or retail marijuana product; (iv) Information concerning: (A) Pharmacologically active ingredients, including THC, cannabidiol and other cannabinoid content; (B) The THC and other cannabinoid amount in milligrams per serving, the total servings per package and the THC and other cannabinoid amount in milligrams for the total package; and (C) The potency of the THC and other cannabinoid content. (v) Information on gases, solvents and chemicals used in marijuana extraction, if applicable; (vi) Instructions on usage; (vii) For retail marijuana products, a list of ingredients and possible allergens and a recommended use by date or expiration date; (viii) For edible retail marijuana products, a nutritional fact panel; (ix) The following statements, prominently displayed in bold capital letters and in a clear and legible fashion: "Warning: this package contains marijuana. Keep out of reach of children and animals. Marijuana and marijuana products may only be possessed or consumed by persons age 21 and older. Marijuana use while pregnant or breastfeeding may be harmful. Consumption of marijuana impairs your ability to drive and operate machinery, and doing so may be illegal. Please use extreme caution."; (x) Any other information required by rule of the board. (b) Retail marijuana and retail marijuana products to be sold or offered for sale by a licensee in accordance with this chapter shall: (i) Be prepackaged or placed in child‑resistant packaging; (ii) For multi‑serving liquid marijuana products, include an integral measurement component; (iii) Comply with any other requirements imposed by rule of the board. (c) Retail marijuana and retail marijuana products to be sold or offered for sale by a licensee in accordance with this chapter shall not be: (i) Labeled or packaged in violation of a federal trademark law or regulation; (ii) Labeled or packaged in a manner that is specifically designed to appeal to persons under twenty‑one (21) years of age; (iii) Labeled or packaged in a manner that obscures identifying information on the label; (iv) Labeled or packaged using a false or misleading label; (v) Sold or offered for sale using a label or packaging that depicts a human, animal or fruit; (vi) Labeled or packaged in violation of any other board rule pertaining to packaging or labeling. 11‑52‑404\. Advertising and marketing restrictions. (a) As used in this section: (i) "Advertisement" means as defined by W.S. 35‑7‑110(a)(i) and includes all representations disseminated for the purpose of inducing sales of retail marijuana or retail marijuana products; (ii) "Health‑related statement" means any statement related to health and includes statements of a curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption of retail marijuana or retail marijuana products and health benefits or effects on health; (iii) "Market" or "marketing" means any act or process of promoting or selling retail marijuana or retail marijuana products, including point‑of‑sale advertising and development of products specifically designed to appeal to certain demographics. (b) No person shall advertise in or send any advertising material into Wyoming about or concerning retail marijuana or retail marijuana products other than those that may be legally manufactured in Wyoming under the provisions of this chapter. (c) Advertising or marketing used by or on behalf of a licensee shall: (i) Accurately and legibly identify the licensee responsible for its content by adding, at a minimum, the licensee's license number; (ii) Not be misleading, deceptive or false; (iii) Not have a high likelihood of reaching and not be designed to appeal particularly to persons under twenty‑one (21) years of age; (iv) Comply with any other advertising rule of the board. (d) Any advertising or marketing involving direct, individualized communication or dialogue controlled by the licensee shall utilize a method of age affirmation to verify that the recipient is at least twenty‑one (21) years of age before engaging in that communication or dialogue. For purposes of this subsection, the method of age affirmation may include user confirmation, birthdate disclosure or any other similar registration method. (e) No licensee shall give away any amount of retail marijuana, retail marijuana products or marijuana accessories as part of a business promotion or any other commercial activity. (f) No licensee shall include on the label of any retail marijuana or retail marijuana product or publish or disseminate advertising containing any health‑related statement that is untrue or tends to create a misleading impression as to the effects on health of marijuana consumption. (g) All outdoor advertising of retail marijuana or retail marijuana products shall comply with the following: (i) No outdoor retail marijuana or retail marijuana product advertising shall be placed within one thousand (1,000) linear feet of a church or other place of religious worship, any school facility, any facility of an institution of higher education, any playground or recreational facility or a dwelling used for residential use. If an advertisement is displayed and a facility specified in this paragraph is constructed or opened to where the advertisement would violate this paragraph, the licensee shall remove the advertisement not later than one (1) year after the opening of the facility or the expiration of any lease or contract for the advertisement, whichever is sooner; (ii) The board may grant a permit authorizing a variance from the distance requirements of this subsection upon a finding that the placement of retail marijuana or retail marijuana product advertising on a sign will not unduly expose persons under twenty‑one (21) years of age to marijuana and marijuana product advertising; (iii) The outdoor advertising distance requirements contained in this section shall not apply to signs placed by licensees upon the property on which the licensed premises is located, provided that the signs are in compliance with any local ordinances or resolutions; (iv) Nothing in this section shall be construed to authorize billboard signs containing retail marijuana or retail marijuana product advertising on property zoned agricultural or residential or on any unzoned property; (v) Nothing in this section shall be construed to authorize new billboard signs containing retail marijuana or retail marijuana product advertising that would otherwise be prohibited by law; (vi) All lawfully erected outdoor retail marijuana or retail marijuana product signs shall comply with the provisions of this chapter and any applicable rules of the state transportation commission if the signs are located on the right‑of‑way of a public highway. (h) The provisions of this section shall not apply or be construed to apply to any noncommercial speech. 11‑52‑405\. Health and safety requirements for edible marijuana products; regulations. (a) In addition to all other applicable provisions of this chapter, solid marijuana products to be sold or offered for sale by a licensee to a consumer shall: (i) Be manufactured in a manner that results in the cannabinoid content within the product being homogenous throughout the product or throughout each element of the product that has a cannabinoid content; (ii) Be manufactured in a manner that results in the amount of marijuana concentrate within the product being homogenous throughout the product or throughout each element of the product that contains marijuana concentrate; (iii) Have a universal symbol stamped or embossed on each serving of the product; (iv) Not contain more than one hundred (100) milligrams of THC per serving of the product and shall not contain more than one hundred (100) milligrams of THC per package of the product; (v) Not contain additives or contaminants that are toxic or harmful to human beings, specifically designed to make the product more addictive, misleading to consumers or specifically designed to make the product appeal particularly to consumers under twenty‑one (21) years of age; (vi) Not involve the addition of marijuana to a trademarked food or drink product, except when the trademarked product is used as a component of or an ingredient in the edible retail marijuana product and the product is not advertised or described for sale as containing the trademarked product and the written consent of the trademark holder is obtained. (b) The board shall adopt any rules for labeling, packaging and other health and safety provisions that it deems necessary to ensure the safe sale of retail marijuana and retail marijuana products. The board shall adopt rules for: (i) Health and safety standards for the cultivation of marijuana, the manufacture of marijuana and the packaging and labeling of retail marijuana; (ii) Requirements for storage, warehousing and transportation of retail marijuana and retail marijuana products by licensees; (iii) Sanitary standards for marijuana establishments, including sanitary standards for the manufacture of retail marijuana and retail marijuana products. ARTICLE 5 PERMITTED AND LIMITED PRACTICES 11‑52‑501\. Possession of retail marijuana; limitations; civil penalty. (a) Except as otherwise provided in this chapter and notwithstanding any other provision of law, no person twenty‑one (21) years of age or older shall possess outside of his residence more than: (i) Three (3) ounces of retail marijuana or retail marijuana products that is flower; (ii) Sixteen (16) ounces of retail marijuana or retail marijuana products that is solid product; (iii) Seventy‑two (72) ounces of retail marijuana or retail marijuana products that is liquid product; (iv) Thirty (30) grams of retail marijuana or retail marijuana products in the form of marijuana concentrate. 11‑52‑502\. Home cultivation, storage and manufacture of marijuana; prohibitions. (a) Except as otherwise provided in this chapter and notwithstanding any other provision of law, a person twenty‑one (21) years of age or older may lawfully for personal consumption and not for sale: (i) Cultivate up to twelve (12) mature flowering female marijuana plants for personal use within the person's residence, provided that not more than twelve (12) total mature flowering female plants shall be cultivated or stored upon the person's residence at any one (1) time; (ii) Possess, store and manufacture not more than sixteen (16) ounces of retail marijuana and retail marijuana products within the person's residence in addition to the amount of marijuana plants specified in paragraph (i) of this subsection, provided that any amount more than two and one‑half (2 1/2) ounces shall be stored in a container or area with locks or other security devices that restrict access to the container or area. 11‑52‑503\. Possession and sale of marijuana paraphernalia. Except as otherwise provided in this chapter and notwithstanding any other provision of law, a person twenty‑one (21) years of age or older may possess, use, sell, distribute or manufacture marijuana paraphernalia, provided that the sale or distribution of marijuana paraphernalia shall be only to persons age twenty‑one (21) or older. 11‑52‑504\. Civil penalty; law enforcement; affirmative defense; conditions. (a) Any person who violates a provision of this article shall be subject to a civil penalty of not more than: (i) Fifty dollars (\$50.00) for a first offense; (ii) One hundred dollars (\$100.00) for a second offense; (iii) Two hundred fifty dollars (\$250.00) for a third or subsequent offense. (b) All duly authorized peace officers, correctional officers and probation and parole agents as defined in W.S. 7‑13‑401, while investigating violations of this article and article 6 of this chapter in performance of their official duties, shall be immune from prosecution as provided in W.S. 35‑7‑1043\. (c) It shall be an affirmative defense to the imposition of the civil penalties under this section if the person: (i) Seeks or obtains in good faith emergency medical attention for himself if he is experiencing an overdose, or if he seeks medical attention for another person, by contemporaneously reporting the overdose to a peace officer, firefighter or emergency medical personnel; (ii) Remains at the scene of an overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a peace officer responds to the report of an overdose; and (iii) Identifies himself to the peace officer who responds to the report of an overdose and, if requested, substantially cooperates in any investigation of any criminal offense reasonably related to the controlled substance, alcohol or combination of substances that resulted in an overdose. (d) Any evidence for an offense specified in this section that was obtained as a result of the person seeking emergency medical attention for himself or another shall not be used against that person in any action. (e) Any person found liable for violating a provision of this article shall be required to undergo a substance abuse assessment as defined by W.S. 7‑13‑1301(a)(v). 11‑52‑505\. Possession or distribution of marijuana for medical purposes permitted; interaction with provisions for hemp products. (a) Nothing in this chapter shall be construed to prohibit or penalize: (i) The possession of marijuana or THC when that possession occurs pursuant to a valid recommendation issued by a medical doctor in the course of his professional practice for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the doctor to benefit from the use of such substances; (ii) The dispensing or distributing of marijuana or THC for medical purposes by a medical doctor when occurring in the course of his professional practice for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the doctor to benefit from the use of those substances; (iii) The dispensing or distributing of marijuana or THC by a pharmacist to any person who holds a valid recommendation of a medical doctor issued in the course of the doctor's professional practice for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the doctor to benefit from the use of such substances. (b) Nothing in this chapter shall be construed to prohibit or penalize any conduct that is permitted under chapter 51 of this title. ARTICLE 6 PROHIBITED PRACTICES AND PENALTIES 11‑52‑601\. Possession or cultivation of retail marijuana by persons under twenty‑one prohibited; penalty. (a) No person under twenty‑one (21) years of age shall knowingly or intentionally possess retail marijuana or retail marijuana products. For purposes of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that the person either knowingly or intentionally possessed the marijuana. (b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars (\$750.00), or both. 11‑52‑602\. Affirmative defense; immunity; conditions. (a) All duly authorized peace officers, correctional officers and probation and parole agents as defined in W.S. 7‑13‑401, while investigating violations of this chapter in performance of their official duties, shall be immune from prosecution under W.S. 11‑52‑601 as provided in W.S. 35‑7‑1043\. (b) It shall be an affirmative defense to the imposition of the penalties specified in W.S. 11‑52‑601 if the person: (i) Seeks or obtains in good faith emergency medical attention for himself if he is experiencing an overdose, or if he seeks medical attention for another person, by contemporaneously reporting the overdose to a peace officer, firefighter or emergency medical personnel; (ii) Remains at the scene of an overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a peace officer responds to the report of an overdose; and (iii) Identifies himself to the peace officer who responds to the report of an overdose and, if requested, substantially cooperates in any investigation of any criminal offense reasonably related to the controlled substance, alcohol or combination of substances that resulted in an overdose. (c) Any evidence for an offense specified in this section that was obtained as a result of the person seeking emergency medical attention for himself or another shall not be used against that person in any action. (d) Any person found liable for violating W.S. 11‑52‑601 shall be required to undergo a substance abuse assessment as defined by W.S. 7‑13‑1301(a)(v). 11‑52‑603\. Public consumption prohibited; civil penalty. (a) Except as otherwise provided in this chapter and notwithstanding any other provision of law, no person shall smoke marijuana in public. (b) A person may smoke retail marijuana or retail marijuana products only if the person is: (i) In a private residence in which the person is domiciled, including the curtilage; (ii) On private property on which the person is not domiciled, provided that the property is not generally accessible by the public and the person is expressly permitted to smoke marijuana or marijuana products on the property by the owner of the property; or (iii) On the premises of a special event permitted by a city, town or county pursuant to W.S. 11‑52‑302\. (c) A person who violates subsection (a) of this section shall be subject to a civil penalty not to exceed: (i) Two hundred dollars (\$200.00) for a first offense; (ii) Three hundred dollars (\$300.00) for a second offense; (iii) Five hundred dollars (\$500.00) for a third or subsequent offense. 11‑52‑604\. Illegal cultivation or manufacture; penalties. (a) Except as authorized by W.S. 11‑52‑502, no person shall cultivate or manufacture, or possess with intent to cultivate or manufacture, marijuana or marijuana products without being licensed under this chapter. (b) Any person who violates subsection (a) of this section and cultivates, manufactures or possesses with intent to cultivate or manufacture: (i) More than two and one‑half (2 1/2) ounces of marijuana but not greater than five (5) ounces of marijuana or more than twelve (12) mature flowering female marijuana plants but not greater than twenty‑four (24) mature flowering female marijuana plants shall be subject to a civil penalty of not more than: (A) Five hundred dollars (\$500.00) for a first offense; (B) One thousand dollars (\$1,000.00) for a second offense; (C) Two thousand dollars (\$2,000.00) for a third or subsequent offense. (ii) More than five (5) ounces but not greater than five (5) pounds of marijuana or more than twenty‑four (24) mature flowering female marijuana plants but not greater than fifty (50) marijuana plants shall be guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars (\$750.00), or both; (iii) More than five (5) pounds of marijuana or more than fifty (50) marijuana plants shall be 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. (c) A person who conspires with another to commit a violation of paragraph (b)(iii) of this section and takes any action to further the conspiracy shall be guilty of a felony punishable by imprisonment for not more than two (2) years, a fine of not more than five thousand dollars (\$5,000.00), or both. 11‑52‑605\. Illegal sale transportation or distribution of marijuana; penalties. (a) No person shall sell, transport, distribute or possess with the intent to sell or distribute marijuana or marijuana products without being licensed under this chapter to cultivate, manufacture, sell or test retail marijuana or retail marijuana products. (b) A person who violates subsection (a) of this section is guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine not to exceed ten thousand dollars (\$10,000.00), or both. 11‑52‑606\. Distribution of marijuana to persons under age eighteen prohibited; penalties. (a) No person who is at least twenty‑one (21) years of age shall knowingly or intentionally: (i) Distribute marijuana to any person younger than eighteen (18) years of age and who is at least three (3) years younger than the actor; or (ii) Cause any person under eighteen (18) years of age to assist in the distribution of marijuana. (b) A person who violates subsection (a) of this section is guilty of a felony punishable by imprisonment for not more than twenty (20) years, a fine not to exceed twenty thousand dollars (\$20,000.00), or both. 11‑52‑607\. Manufacturing, distributing and obtaining marijuana by fraud; penalties. (a) No person shall use in the course of manufacturing or distributing marijuana a license number that is fictitious, revoked, suspended or issued to another person. (b) No person shall, for the purpose of obtaining marijuana, falsely assume the title of or represent himself to be a cultivator, manufacturer, wholesaler, retailer, tester, pharmacist, physician, dentist, veterinarian or other authorized person. (c) A person who violates subsection (a) or (b) of this section is: (i) For a first offense, guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars (\$750.00), or both; (ii) For a second offense, guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars (\$1,000.00), or both; (iii) For a third or subsequent offense, guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars (\$10,000.00), or both. (d) Any person convicted of an offense under this section shall be required to undergo a substance abuse assessment as defined by W.S. 7‑13‑1301(a)(v). 11‑52‑608\. Prohibition on the sale or manufacture of marijuana near certain properties; penalties. (a) No person shall manufacture, sell, distribute or possess with the intent to sell, give or distribute marijuana or marijuana products while: (i) Upon the property of any school, institution of higher education or day care center; (ii) Upon public property or any property open to public use that is within one thousand (1,000) feet of a facility specified in paragraph (i) of this subsection; (iii) On any school bus; (iv) Upon a designated school bus stop or upon public property or any property open to public use that is within one thousand (1,000) feet of a designated school bus stop during the time when children are waiting to be picked up or are being dropped off; (v) Upon the property of any publicly owned or operated recreation or community center facility or any public library; or (vi) Upon the property of the state hospital, a state penal institution, the Wyoming boys' school, Wyoming girls' school or a jail or on any public property or property open to public use within one thousand (1,000) feet of an institution specified in this paragraph. (b) A person violating subsection (a) of this section shall be guilty of a felony punishable by imprisonment of not more than two (2) years, a fine not greater than two thousand dollars (\$2,000.00), or both. (c) Nothing in this section shall prohibit or bar any prosecution or proceeding under another provision of law if a person's conduct violates the prohibitions of this section and another provision of law. 11‑52‑609\. Illegal testing of marijuana and marijuana products; penalty. (a) Except as otherwise provided by law, no person shall test marijuana or marijuana products without being licensed under this chapter to cultivate or test marijuana or marijuana products for the purpose of satisfying any testing requirements under this chapter or any rules promulgated under this chapter. (b) A person who violates subsection (a) of this section is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine not greater than one thousand dollars (\$1,000.00), or both. 11‑52‑610\. Illegal sale or advertisement of marijuana paraphernalia; promotion to minors; penalties. (a) No person under twenty‑one (21) years of age shall possess marijuana paraphernalia. A person who violates this subsection shall be subject to a civil penalty not to exceed twenty‑five dollars (\$25.00). (b) No person shall sell, distribute or possess with the intent to sell or distribute marijuana paraphernalia to any person under twenty‑one (21) years of age. A person who violates this subsection is guilty of a felony punishable by imprisonment of not more than five (5) years, a fine not greater than two thousand five dollars (\$2,500.00), or both. (c) No person shall place any advertisement in any newspaper, magazine or other publication if the person knows or reasonably should have known that the purpose of the advertisement is to promote the sale of marijuana paraphernalia to persons under twenty‑one (21) years of age. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine not greater than one thousand dollars (\$1,000.00), or both. (d) No person shall knowingly sell, distribute or display for sale to a minor any book, periodical or other printed matter that he knows advertises for sale any instrument or device for advertised use in unlawfully ingesting, smoking, administering, preparing or growing marijuana. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine not greater than one thousand dollars (\$1,000.00), or both. 11‑52‑611\. Prohibited practices by licensee; penalty. (a) No licensee or any agent or employee of a licensee shall: (i) Cultivate, manufacture, transport, sell or test any retail marijuana or retail marijuana products of a kind other than that which the license or this chapter authorizes; (ii) Cultivate, manufacture, transport, sell or test any retail marijuana or retail marijuana products that the license authorizes him to cultivate, manufacture, transport or sell at any place other than the place authorized in the license or in any place that is not within an enclosed area that is secured in a manner that prevents access by persons not permitted by the licensee or agent or employee of the licensee to access; (iii) Cultivate, manufacture, sell or test any retail marijuana or retail marijuana products or display or sell any marijuana paraphernalia in any place that is visible from a public place outside of the marijuana establishment without the use of optical aids; (iv) Allow a person twenty‑one (21) years of age or younger to be employed by or volunteer for the licensee; or (v) Sell retail marijuana or retail marijuana products without ensuring that the tax required by W.S. 39‑24‑103 has been paid. (b) A person who violates subsection (a) of this section is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine not greater than one thousand dollars (\$1,000.00), or both. 11‑52‑612\. Prohibited practices by retail marijuana store licensees; penalty. (a) No retail marijuana store licensee or any agent or employee of a licensee shall: (i) Sell any retail marijuana or retail marijuana product in a manner other than what is authorized by the license or by this chapter; (ii) Sell more than the amounts permitted by W.S. 11‑52‑214 during a single transaction to one (1) person; (iii) Allow at the place described in his license the use or consumption of retail marijuana or retail marijuana products in violation of this chapter; (iv) Keep at the place described in the license any marijuana or marijuana products other than that which the licensee is licensed to sell; (v) Misrepresent any marijuana or marijuana product sold or offered for sale; (vi) Remove or obliterate any label or packaging affixed to any retail marijuana or retail marijuana products offered for sale; (vii) Sell any retail marijuana or retail marijuana products if the label or packaging has been removed or obliterated; (viii) Consume or allow the consumption by any employee of any marijuana or marijuana product while on duty and in a position that is involved in the selling of retail marijuana or retail marijuana products; (ix) Be intoxicated while on duty or allow an employee to perform his duties while intoxicated; or (x) Fail or refuse to make samples of any retail marijuana or retail marijuana product available to the board upon request. (b) A person who violates subsection (a) of this section is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine of not greater than seven hundred fifty dollars (\$750.00), or both. 11‑52‑613\. Illegal practices; penalty. A person who violates the labeling and packaging requirements of W.S. 11‑52‑403, the health and safety requirements of W.S. 11‑52‑405 or the advertising and marketing restrictions of W.S. 11‑52‑404 is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine of not greater than seven hundred fifty dollars (\$750.00), or both. 11‑52‑614\. Use, consumption or possession of marijuana or marijuana products in certain places prohibited; penalty. (a) No person shall use, consume or possess marijuana or marijuana products in or upon the grounds of: (i) A jail, state penal institution, the Wyoming boys' school or the Wyoming girls' school; or (ii) Any school building, facility or other school district property. (b) A person who violates subsection (a) of this section is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine not greater than one thousand dollars (\$1,000.00), or both. 11‑52‑615\. Separation of plant resin by butane extraction; penalty. (a) No person shall separate plant resin by butane extraction or another method that utilizes a substance with a flashpoint below one hundred degrees Fahrenheit (100° F) in any public place, motor vehicle or within the curtilage of any residential structure. (b) A person who violates subsection (a) of this section is guilty of a felony punishable by imprisonment of not more than twenty (20) years, a fine of not greater than twenty‑five thousand dollars (\$25,000.00), or both. 11‑52‑616\. Failure to keep, maintain and deliver required records; penalty. A person who fails or refuses to deliver, keep and preserve records, invoices and accounts as required by rule of the board or who fails or refuses to allow records, invoices and accounts or the place of business to be examined and inspected in accordance with board rules is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine not greater than one thousand dollars (\$1,000.00), or both. CHAPTER 24 RETAIL MARIJUANA TAXES 39‑24‑101\. Definitions; applicability. (a) As used in this article: (i) "Cash" means United States currency, certified bank checks or bank cashier's checks payable in United States currency; (ii) "Nontaxable entity" means a marijuana cultivation facility as defined by W.S. 11‑52‑101(a)(x), a marijuana manufacturing facility as defined by W.S. 11‑52‑101(a)(xii), a marijuana secure transporter as defined by W.S. 11‑52‑101(a)(xvi) and a marijuana testing facility as defined by W.S. 11‑52‑101(a)(xvii); (iii) "Sale" or "sell" means any exchange or transfer of title or possession within the state including installment credit and conditional sales to any other person for a consideration. (b) The definitions of W.S. 11‑52‑101 shall apply to this article, except that: (i) "Department" shall mean the department of revenue; (ii) "Licensee" shall not include any nontaxable entity for purposes of this article. 39‑24‑102\. Administration. There are no specific applicable provisions for administration for this article. 39‑24‑103\. Imposition. (a) Taxable event. The following event shall constitute a taxable event under this article. There is levied and shall be collected and paid to the department an excise tax at the rate imposed by W.S. 39‑24‑104 upon the sale price of retail marijuana and retail marijuana products sold by licensees. The tax imposed under this article shall be in addition to any other sales tax imposed under this title. (b) Taxpayer. The following taxpayers are liable for the tax imposed by this article. There is levied and shall be collected and paid to the department an excise tax at the rate imposed by W.S. 39‑24‑104 upon the sale price of retail marijuana and retail marijuana products sold by retail marijuana store and microbusiness licensees. 39‑24‑104\. Taxation rate. There is levied and shall be collected and paid to the department an excise tax at the rate of thirty percent (30%) upon the sale of retail marijuana and retail marijuana products sold by retail marijuana store and microbusiness licensees. 39‑24‑105\. Exemptions. (a) Sales of retail marijuana or retail marijuana products to any agency of the United States government, sales in interstate commerce or the taxation of any transaction prohibited by the United States constitution are exempted from the provisions of this article but shall be reported to the department in the manner prescribed by it. (b) The sales and use tax exemptions specified in W.S. 39‑15‑105 and 39‑16‑105 are not applicable to this article. 39‑24‑106\. Licensing; permits. Every retail marijuana store and microbusiness licensee who sells or offers to sell retail marijuana or retail marijuana products in this state shall have a license to do as required by W.S. 11‑52‑101 through 11‑52‑218\. 39‑24‑107\. Compliance; collection procedures. (a) Returns and reports. Notwithstanding title 11, chapter 52 of the Wyoming statutes, the following shall apply: (i) Each retail marijuana store and microbusiness licensee shall keep complete and accurate records of all retail marijuana and retail marijuana products purchased and sold for three (3) years. The records shall be in the form prescribed by the department and shall be available for inspection by the department at any reasonable time. The department may investigate and examine the stock of retail marijuana and retail marijuana products upon any premises where they are stored or sold; (ii) On or before the tenth day of each calendar quarter, every retail marijuana store and microbusiness licensee who, during the preceding calendar quarter, has acquired title to or possession of retail marijuana or retail marijuana products for use in this state, upon which products the tax imposed by W.S. 39‑24‑103(a) has not been paid, shall file a return with the department showing the quantity of such products so acquired. The return shall be made upon a form furnished and prescribed by the department and shall contain such other information as the department may require. (b) Payment. There is levied and shall be collected and paid to the department an excise tax at the rate imposed by W.S. 39‑24‑104 upon the sale price of all retail marijuana and retail marijuana products sold by retail marijuana store and microbusiness licensees. (c) Timelines. The following shall apply: (i) Not later than the twentieth day of the month after the end of a calendar quarter following the sale of retail marijuana or retail marijuana products, each retail marijuana store and microbusiness licensee shall return to the department the following information on forms furnished by the department: (A) The total amount, in dollars, of retail marijuana and retail marijuana products sold in each incorporated city and town; (B) The total amount, in dollars, of retail marijuana and retail marijuana products sold in each county outside the incorporated cities and towns; (C) Other information required by the department. (ii) The stamps, imprints or impressions required by W.S. 11‑52‑102(d) shall be affixed by the retail marijuana store and microbusiness licensee any time before the retail marijuana or retail marijuana products are transferred from his possession. 39‑24‑108\. Enforcement. (a) Audits. There are no specific applicable provisions for audits for this chapter. (b) Interest. There are no specific applicable provisions for interest for this chapter. (c) Penalties. The following shall apply: (i) Any package of retail marijuana or retail marijuana products found in this state without stamps, imprints or impressions affixed thereto as provided by this article is contraband goods and may be seized without a warrant by the department, with board approval, or any peace officer of this state when so directed by the department; (ii) The following acts are misdemeanors punishable by a fine of not more than one hundred dollars (\$100.00) or imprisonment in the county jail for not more than six (6) months or both: (A) Selling or distributing retail marijuana or retail marijuana products as a licensee without complying with the provisions of this article; (B) Selling, offering to sell, displaying for sale or possessing with intent to sell retail marijuana or retail marijuana products without proper stamps, imprints or impressions as required by W.S. 11‑52‑102(d); (C) Evading or aiding or abetting any person to evade the payment of the taxes imposed by this article; (D) Making any false or fraudulent return. (iii) Each act in violation of paragraphs (ii) and (vii) through (xi) of this subsection is a separate offense; (iv) The penalties specified in paragraphs (ii), (iii) and (vi) through (x) of this subsection are in addition to the provisions of paragraph (i) of this subsection and subsection (e) of this section; (v) Any person who purchases any retail marijuana or retail marijuana product for resale in this state from other than a licensee is liable for the tax and any penalties and interest imposed under this paragraph as if he were a licensee and shall pay an additional penalty of twenty‑five percent (25%) of any tax due. Any licensee or other person who fails to file any return or to pay any tax within the time required or permitted by this subsection shall be subject to a penalty of five percent (5%) of the amount of the tax due, plus one percent (1%) of the tax for each month of delinquency or fraction thereof. The department may waive all or any part of this penalty for good cause shown; (vi) Any person who does any act prohibited by this article, or omits, neglects or refuses to comply with any duty imposed upon him by this article, or causes not to be done any of the things required by this article, or does any act prohibited by this article, may, in addition to any other penalty provided by this article, be liable for a penalty of not to exceed one thousand dollars (\$1,000.00) or five (5) times the retail value of the retail marijuana or retail marijuana product at issue, whichever is lesser, to be recovered in a civil action; (vii) Any person who fails to pay any tax imposed by this article at the time prescribed by law or department rule or regulation may, in addition to any other penalty provided by this article, be liable for a penalty not to exceed five (5) times the tax due, but unpaid, to be recovered in a civil action; (viii) Any person who, with intent to defraud, fails to comply with any requirement of this article or regulation prescribed hereunder may, in addition to any other penalty provided in this article, for each such offense, be fined not to exceed ten thousand dollars (\$10,000.00), or be imprisoned for a term not to exceed one (1) year, or both; (ix) Notwithstanding any other provision of law, the sale or possession for sale of counterfeit retail marijuana or a retail marijuana product with the intent to defraud by any person or entity licensed under title 11, chapter 52 of the Wyoming statutes shall be punishable as provided in this paragraph. As used in this paragraph, "counterfeit retail marijuana or retail marijuana product" means retail marijuana or retail marijuana products that have a false manufacturing label or any package of retail marijuana or retail marijuana product that bears a counterfeit stamp. The following penalties shall apply: (A) A first violation may be punishable by a fine of not to exceed one thousand dollars (\$1,000.00) or five (5) times the retail value of the retail marijuana or retail marijuana products involved, whichever is less; (B) A subsequent violation may be punishable by a fine of not to exceed five thousand dollars (\$5,000.00) or five (5) times the retail value of the retail marijuana or retail marijuana involved, whichever is greater; (C) A first violation involving a total quantity of five (5) pounds of retail marijuana, twenty‑four (24) mature flowering female marijuana plants or sixty (60) grams of marijuana concentrate, or more, may be punishable by a fine of not to exceed two thousand dollars (\$2,000.00) or five (5) times the retail value of the retail marijuana and retail marijuana products involved, whichever is less; (D) A subsequent violation involving a quantity of five (5) pounds of retail marijuana, twenty‑four (24) mature flowering female marijuana plants or sixty (60) grams of marijuana concentrate, or more, shall be punishable by a fine of not to exceed fifty thousand dollars (\$50,000.00). (x) Any penalty collected under the provisions of this subsection shall be deposited in the public school fund of the appropriate county as required by article 7, section 5 of the Wyoming constitution. (d) Tax sales. Retail marijuana and retail marijuana products seized in accordance with paragraph (c)(i) of this section shall be sold by the department to a licensee to the best advantage of the state. Proceeds from the sale shall be remitted to the state treasurer for deposit into the general fund. The licensee purchasing the retail marijuana or retail marijuana product shall pay taxes as required by this article and affix stamps, imprints or impressions as required by W.S. 11‑52‑102(d) on retail marijuana or retail marijuana products so purchased. 39‑24‑109\. Taxpayer remedies. (a) Interpretation requests. There are no specific applicable provisions for interpretation requests for this chapter. (b) Appeals. There are no specific applicable provisions for appeals for this chapter. (c) Credits. There are no specific applicable provisions for credits for this chapter. (d) Redemption. There are no specific applicable provisions for redemption for this chapter. (e) Escrow. There are no specific applicable provisions for escrow for this chapter. 39‑24‑110\. Distribution. (a) Two‑thirds (2/3) of the taxes collected pursuant to W.S. 39‑24‑104 shall be distributed to the school foundation program account. (b) The remaining one‑third (1/3) of the taxes collected pursuant to W.S. 39‑24‑104 shall be distributed to incorporated cities and towns and to boards of county commissioners in the proportion the retail marijuana and retail marijuana product taxes derived from sales within each incorporated city or town or county bears to total retail marijuana and retail marijuana product taxes collected. The computation for the distribution shall be made by the department according to the monthly returns filed by the licensees. Section 2. W.S. 6‑5‑208, 6‑8‑104(b)(v)(B), 31‑5‑233(a)(ii) by creating a new subparagraph (D), 35‑7‑1002(a)(xiv) and (xxvii)(E)(intro), 35‑7‑1011(a)(intro), (d) and by creating a new subsection (g), 35‑7‑1031(c)(intro), 35‑7‑1037, 35‑7‑1038(b) and (c), 35‑7‑1040 and 35‑7‑1063(a) by creating a new paragraph (iv) are amended to read: 6‑5‑208\. Taking controlled substances, marijuana or liquor into jails, penal institutions or mental hospitals; penalties. Except as authorized by a person in charge, a person commits a felony punishable by imprisonment for not more than three (3) years, a fine of not more than three thousand dollars (\$3,000.00), or both, if that person takes or passes any controlled substance, marijuana or intoxicating liquor into a jail, a state penal institution, the Wyoming boys' school, Wyoming girls' school, a correctional facility operated by a private entity pursuant to W.S. 7‑22‑102 or the state hospital. 6‑8‑104\. Wearing or carrying concealed weapons; penalties; exceptions; permits. (b) The attorney general is authorized to issue permits to carry a concealed firearm to persons qualified as provided by this subsection. The attorney general shall promulgate rules necessary to carry out this section no later than October 1, 1994. Applications for a permit to carry a concealed firearm shall be made available and distributed by the division of criminal investigation and local law enforcement agencies. The permit shall be valid throughout the state for a period of five (5) years from the date of issuance. The permittee shall carry the permit, together with valid identification at all times when the permittee is carrying a concealed firearm and shall display both the permit and proper identification upon request of any peace officer. The attorney general through the division shall issue a permit to any person who: (v) Has not been: (B) Convicted of a felony violation of any of the felony offenses in title 11, chapter 52 of the Wyoming statutes, the Wyoming Controlled Substances Act of 1971, W.S. 35‑7‑1001 through 35‑7‑1057 or similar laws of any other state or the United States relating to controlled substances and has not been pardoned; or 31‑5‑233\. Driving or having control of vehicle while under influence of intoxicating liquor, marijuana or controlled substances; penalties. (a) As used in this section: (ii) "Controlled substance" includes: (D) Marijuana as defined by W.S. 35‑7‑1002(a)(xiv). 35‑7‑1002\. Definitions. (a) As used in this act: (xiv) "Marihuana" "Marijuana" means all parts of the plant of the genus Cannabis, whether growing or not; the seed thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination; (xxvii) "Drug paraphernalia" means all equipment, products and materials of any kind when used, advertised for use, intended for use or designed for use for manufacturing, converting, preparing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act and includes: (E) The following objects when used, advertised for use, intended for use or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil or any other controlled substance into the human body: 35‑7‑1011\. Control of substances. (a) The commissioner shall administer this act and with the advice of the advisory board established in W.S. 35‑7‑1005 may add substances to or delete or reschedule all substances enumerated in the schedules in W.S. 35‑7‑1014, 35‑7‑1016, 35‑7‑1018, 35‑7‑1020 and 35‑7‑1022 pursuant to the procedures of the Wyoming Administrative Procedure Act. This subsection shall not apply to the regulation, scheduling or rescheduling of marijuana, which shall be regulated pursuant to title 11, chapter 52 of the Wyoming statutes. In making a determination regarding a substance, the commissioner shall consider the following: (d) Except as provided by subsection (g) of this section, if any substance is designated, rescheduled, or deleted as a controlled substance under federal law the commissioner shall control the substance under this act in the same manner as federal law within thirty (30) days after receiving notice of the change but not later than thirty (30) days after the first publication of the change in the Federal Register. Under this subsection, the commissioner shall control the substance in the same manner as federal law through the promulgation of an emergency rule, followed by promulgation of a permanent rule under the Wyoming Administrative Procedure Act. If the commissioner objects to the designation, rescheduling or deletion of a substance, the commissioner shall within the same period required to control the substance publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the commissioner shall publish his decision which shall be final unless altered by statute. Upon publication of an objection to designation, rescheduling or deletion under this act by the commissioner, control under this act is stayed until the commissioner publishes his final decision. Any final decision that ultimately controls the substance under this act in the same manner as federal law shall be finalized through the promulgation of an emergency rule, followed by promulgation of a permanent rule under the Wyoming Administrative Procedure Act. (g) Marijuana shall not be scheduled or rescheduled under this article and shall be regulated as provided by title 11, chapter 52 of the Wyoming statutes. 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: 35‑7‑1037\. Probation and discharge of first offenders. Whenever any person who has not previously been convicted of any offense under this act or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under W.S. 35‑7‑1031(c) or 35‑7‑1033(a)(iii)(B), or pleads guilty to or is found guilty of using or being under the influence of a controlled substance under W.S. 35‑7‑1039, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. Any term of probation imposed under this section for a felony offense shall not exceed the maximum term of probation authorized under W.S. 7‑13‑302(b). Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under W.S. 35‑7‑1038\. There may be only one (1) discharge and dismissal under this section with respect to any person. This section shall not be construed to provide an exclusive procedure. Any other procedure provided by law relating to suspension of trial or probation, may be followed, in the discretion of the trial court. 35‑7‑1038\. Second or subsequent offenses; mandatory minimum penalty for certain subsequent offenses. (b) For purposes of subsection (a) of this section, an offense is a second or subsequent offense if, prior to his conviction of the offense, the offender has at any time been convicted under this act or under any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant, stimulant or hallucinogenic drugs. (c) This section shall not apply to offenses under W.S. 35‑7‑1031(c) or to offenses under title 11, chapter 52 of the Wyoming statutes. 35‑7‑1040\. Planting, cultivating or processing peyote or opium poppy. Any person who knowingly or intentionally plants, cultivates, harvests, dries, or processes any marihuana, peyote, or opium poppy except as otherwise provided by law shall be guilty of a misdemeanor and shall be punished by imprisonment not to exceed six (6) months in the county jail or by a fine not to exceed one thousand dollars (\$1,000.00), or both. 35‑7‑1063\. Exceptions to provisions. (a) The provisions and penalties of this chapter shall not apply to: (iv) The use, possession, sale, manufacture, cultivation and transportation of marijuana in accordance with title 11, chapter 52 of the Wyoming statutes. Section 3. W.S. 35‑7‑1002(a)(xxvii)(C), 35‑7‑1014(d)(xiii), 35‑7‑1018(h)(i) and 35‑7‑1049(r)(vi)(D)(I) are repealed. Section 4. Nothing in this act shall be construed to authorize or regulate the cultivation, manufacture, testing, use, sale or transport of marijuana that has been part of, operated in or otherwise connected to interstate commerce. Section 5. (a) Except as otherwise provided in this section, the state board of agriculture shall promulgate all rules necessary to implement the provisions of this act. (b) The department of revenue shall promulgate all rules necessary to implement the marijuana taxation provisions created in section 1 of this act. (c) The attorney general, as commissioner of drugs and substances control, shall promulgate all rules necessary to implement the provisions of section 1 in this act concerning the scheduling of marijuana as a controlled substance in Wyoming. Section 6. (a) Except as provided in subsection (b) of this section, this act is effective July 1, 2021. (b) Sections 4 through 6 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. (END) | | | | |---|---|---| | | 1 | HB0209 | #### Sponsor: Representative Olsen #### Co-Sponsor: Representative(s) Baker, Barlow, Brown, Burt, Connolly, Provenza, Romero-Martinez, Sweeney, Western, Yin, Zwonitzer Senator(s) Case, Rothfuss *** #### Bill Versions and Resources: Introduced Version initially introduced on the floor for debate. Fiscal note Estimate of the fiscal and personnel impact to the state for the bill. Digest A summary of proceedings for the bill as it moves through the process. *** #### Last Action: H COW:H Did not consider for COW #### Last Action Date: 03/22/2021 #### Scheduled Committee Meetings No Meetings Currently Scheduled #### Scheduled Floor Sessions No Floor Sessions Currently Scheduled | Date | Action | Location | Vote | |---|---|---|---| | 03/22/2021 | H COW:H Did not consider for COW | House | | | 03/17/2021 | H Placed on General File | House | | | 03/17/2021 | H01 - Judiciary:Recommend Do Pass 6-3-0-0-0 | House | Details | | 03/05/2021 | H Introduced and Referred to H01 - Judiciary | House | | | 03/04/2021 | H Received for Introduction | House | | | 03/02/2021 | Bill Number Assigned | LSO | | ### House Amendments | [Amendment]() | [Origin]() | [Sponsor]() | Status | |---|---|---|---| | [HB0209HW001](https://wyoleg.gov/2021/Amends/HB0209HW001.pdf) | Committee of the Whole | Representative Western | | ### Senate Amendments | [Amendment]() | [Origin]() | [Sponsor]() | Status | |---|---|---|---| | | | |---|---| | Regulation of marijuana. | 21LSO-0276, 1.5 | FISCAL NOTE | | | | | |---|---|---|---| | | FY 2022 | FY 2023 | FY 2024 | | NON-ADMINISTRATIVE IMPACT | | | | | Anticipated Revenue increase/(decrease) | | | | | SCHOOL FOUNDATION FUND | \$30,700,000 | \$30,700,000 | \$30,700,000 | | LOCAL SOURCES FUND | \$15,350,000 | \$15,350,000 | \$15,350,000 | | SPECIAL REVENUE (License Fees) | \$3,100,000 | \$860,000 | \$860,000 | | Forfeiture Fund 609 | | (\$342,323) | (\$342,323) | Source of revenue increase(decrease): Sources of revenue increases include imposing a 30% excise tax on the sale of retail marijuana and marijuana products and license fees associated with the sale of retail marijuana and marijuana products. Fund 609 averaged \$649,645 per year in FY 2017 and FY 2019 as a result of asset forfeitures from cash seizures of drug-related crimes. Approximately 50% of cash seizures were from marijuana crimes. Assumptions: Revenue increase estimates for the School Foundation Program (SFP) Account and local governments are derived from FY 2020 sales of marijuana and marijuana products in Colorado, adjusted for the population of Wyoming. The Department of Revenue (DOR) estimates these revenue increases to remain flat from FY 2022 – FY 2024. The Department of Agriculture (the Department) assumes an application fee of \$5,000 would apply to each license type, per the proposed legislation. The Department estimates 100 cultivation facilities, 50 manufacturing facilities, 25 secure transporters, five (5) testing facilities, 200 retail stores, and 50 microbusinesses. The Department notes that additional fees may be determined in the rule-making process. The Attorney General's Office assumes legalization of marijuana will eliminate funds previously seized from marijuana crimes, but that maintenance of status quo for seizures will still yield average asset seizure revenues of \$684,645 per year. The fiscal impact to the Supreme Court is indeterminable due to an unknown number of cases. | | |---| | NOTICE-AGENCY ESTIMATE OF ADMINISTRATIVE IMPACT REQUESTEDThis bill has administrative impact that appears to increase duties or responsibilities of one or more state agencies and may impact agency spending or staffing requirements. As introduced, the bill does not modify any state agency budget or current personnel authorizations.The following state agencies will be asked to provide their estimate of the administrative fiscal impact prior to the first committee meeting held to consider the bill:Attorney General's OfficeDepartment of AgricultureDepartment of Revenue | Prepared by: Karsyn Lamb, LSO Phone: 777-7881 (Information provided by Terri Lucero, Department of Revenue, 777-5220; Julie Cook, Department of Agriculture, 777-6570; Steve Winders, Attorney General's Office, 777-7840; Claire Smith, Supreme Court, 777-3447; Jessica Vendegnia, Department of Workforce Services, 307-286-5921) HB0209 ##### H01 - Judiciary:Recommend Do Pass 6-3-0-0-0 **Vote recorded:** 3/17/2021 10:19AM **Ayes:** CRAGO, OAKLEY, PROVENZA, YIN, ZWONITZER, OLSEN **Nays:** LAURSEN, RODRIGUEZ-WILLIAMS, WASHUT **Excused:** **Absent:** **Conflict:** **Total: Ayes:** 6 **Nays:** 3 **Excused:** 0 **Absent:** 0 **Conflict:** 0 | | | |---|---| | HB0209 | Regulation of marijuana. | Sponsored By: Representative(s) Olsen, Baker, Barlow, Brown, Burt, Connolly, Provenza, Romero-Martinez, Sweeney, Western, Yin and Zwonitzer and Senator(s) Case and Rothfuss AN ACT relating to food and drugs; establishing licensing requirements and procedures for the production, testing and sale of marijuana; generally providing for the regulation of marijuana-related activities; prohibiting discrimination based on marijuana activities; specifying private rights to prohibit activities involving marijuana; providing for the local regulation of marijuana as specified; establishing offenses and civil penalties for the possession of specified amounts of marijuana and marijuana products; amending criminal penalties for the possession of marijuana as specified; establishing additional offenses related to marijuana; imposing taxes on marijuana and providing for the distribution of tax revenues; defining terms; making conforming amendments; repealing obsolete provisions; requiring rulemaking; and providing for effective dates. 3/2/2021 Bill Number Assigned 3/4/2021 H Received for Introduction 3/5/2021 H Introduced and Referred to H01 - Judiciary 3/17/2021 H01 - Judiciary:Recommend Do Pass 6-3-0-0-0 ROLL CALL Ayes: Representative(s) Crago, Oakley, Olsen, Provenza, Yin, Zwonitzer Nays: Representative(s) Laursen, Rodriguez-Williams, Washut Ayes 6 Nays 3 Excused 0 Absent 0 Conflicts 0 3/17/2021 H Placed on General File 3/22/2021 H COW:H Did not consider for COW ## [CALENDARS](https://wyoleg.gov/Calendar/) - [Legislative Meetings](https://wyoleg.gov/Calendar/20260401/Meeting) - [Session Schedule](https://wyoleg.gov/docs/SessionSchedule.pdf) - [Prior Session Calendars](https://wyoleg.gov/Session/2026/Archive) - [Special Events](https://wyoleg.gov/docs/SpecialEventsCalendar.pdf) ## **[COMMITTEES](https://wyoleg.gov/Committees/2026)** - [Joint & Standing](https://wyoleg.gov/Committees/List/2026/J) - [Select & Task Forces](https://wyoleg.gov/Committees/List/2026/SE) - [Councils & Commissions](https://wyoleg.gov/Committees/List/2026/O) - [About Committees](https://wyoleg.gov/citizenEngagement/AttendLegMeetings) ## **[LEGISLATION](https://wyoleg.gov/Legislation)** - [Session Information](https://wyoleg.gov/Session/2026/SessionLanding) - [Committee Bills](https://wyoleg.gov/Legislation/committeeBills/2026) - [Search Bills](https://wyoleg.gov/Legislation/search) - [Watch Live Video](https://www.youtube.com/channel/UCZNA0zn1VU1ATv3XugYmFGw) ## **[LEGISLATORS](https://wyoleg.gov/Legislators)** - [Senators](https://wyoleg.gov/Legislators/2026/S) - [Representatives](https://wyoleg.gov/Legislators/2026/H) - [Find My Legislator](https://experience.arcgis.com/experience/f086f052f28b4185a785f19344a057be/) - [Former Members](https://wyoleg.gov/Legislators/historical) [HOME](https://wyoleg.gov/)[ABOUT THE LEGISLATURE](https://wyoleg.gov/Legislature/LegislatureAbout)[LEGISLATIVE SERVICE OFFICE](https://wyoleg.gov/Legislature/LSOAbout)[CONTACT US](https://wyoleg.gov/Legislature/ContactUs)[DISCLAIMER](https://wyoleg.gov/Legislature/disclaimer)[PRIVACY POLICY](https://sites.google.com/a/wyo.gov/wy-ag/privacy)

| | | | |---|---|---| | 2021 | STATE OF WYOMING | 21LSO-0276 | HOUSE BILL NO. HB0209 Regulation of marijuana. Sponsored by: Representative(s) Olsen, Baker, Barlow, Brown, Burt, Connolly, Provenza, Romero-Martinez, Sweeney, Western, Yin and Zwonitzer and Senator(s) Case and Rothfuss A BILL for AN ACT relating to food and drugs; establishing licensing requirements and procedures for the production, testing and sale of marijuana; generally providing for the regulation of marijuana-related activities; prohibiting discrimination based on marijuana activities; specifying private rights to prohibit activities involving marijuana; providing for the local regulation of marijuana as specified; establishing offenses and civil penalties for the possession of specified amounts of marijuana and marijuana products; amending criminal penalties for the possession of marijuana as specified; establishing additional offenses related to marijuana; imposing taxes on marijuana and providing for the distribution of tax revenues; defining terms; making conforming amendments; repealing obsolete provisions; requiring rulemaking; and providing for effective dates. Be It Enacted by the Legislature of the State of Wyoming: Section 1. W.S. 11‑52‑101 through 11‑52‑616 and 39‑24‑101 through 39‑24‑110 are created to read: CHAPTER 52 MARIJUANA ARTICLE 1 GENERAL PROVISIONS 11‑52‑101\. Definitions. (a) As used in this chapter: (i) "Child‑resistant" means packaging or containers of a product that is specially designed or constructed to be significantly difficult for a typical child under five (5) years of age to open but not to be significantly difficult for a typical adult to open and reseal and, for products intended for multiple uses or that contains multiple servings, is resealable; (ii) "Cultivation" or "cultivate" means the planting, propagation, growing, harvesting, drying, curing, grading, trimming or other similar processing of marijuana for use or sale. "Cultivation" or "cultivate" does not include manufacturing or testing; (iii) "Edible marijuana product" means a marijuana product intended to be consumed orally, including any type of food, drink or pill containing marijuana or marijuana concentrate; (iv) "Licensed premises" means the premises specified in a license to operate a marijuana establishment within which the licensee is authorized under this chapter and the regulations adopted under this chapter to cultivate, manufacture, test or sell retail marijuana or retail marijuana products; (v) "Licensee" means a person licensed under this chapter to operate a marijuana establishment; (vi) "Local license" means a license issued by a city, town or county pursuant to W.S. 11‑52‑301 that permits a person to operate a marijuana establishment in the city, town or county; (vii) "Manufacturing" or "manufacture" means the production of marijuana products or the blending, infusing, compounding or other preparation of marijuana and marijuana products, including marijuana extraction or preparation by means of chemical synthesis. "Manufacturing" or "manufacture" does not include cultivation or cultivating; (viii) "Marijuana" means all parts of the plant of the genus Cannabis, whether growing or not; the seed thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. "Marijuana" does not include: (A) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination; (B) Any oily extract containing one (1) or more cannabinoids unless the extract contains not greater than twelve percent (12%) of THC by weight; (C) Hemp or hemp product as defined in W.S. 11‑51‑101(a)(iii). (ix) "Marijuana concentrate" means marijuana that has undergone a process to concentrate one (1) or more active cannabinoids to increase the marijuana's potency. For purposes of this chapter, resin from granular trichomes from a marijuana plant is marijuana concentrate; (x) "Marijuana cultivation facility" means a facility licensed under this chapter to: (A) Purchase marijuana plants and seeds from other marijuana cultivation facilities; (B) Cultivate, label and package marijuana; (C) Transfer possession of retail marijuana to marijuana secure transporters; (D) Sell marijuana to marijuana manufacturing facilities, retail marijuana stores and other marijuana cultivation facilities; (E) Sell marijuana plants and seeds to other marijuana cultivation facilities and immature marijuana plants and seedlings to retail marijuana stores. (xi) "Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a marijuana manufacturing facility, a marijuana secure transporter, a retail marijuana store or a marijuana microbusiness; (xii) "Marijuana manufacturing facility" means a facility licensed under this chapter to: (A) Purchase marijuana from a marijuana cultivation facility or another marijuana manufacturing facility; (B) Manufacture, label and package marijuana and marijuana products; (C) Transfer possession of retail marijuana and retail marijuana products to marijuana secure transporters; (D) Sell marijuana and marijuana products to marijuana stores and to other marijuana manufacturing facilities. (xiii) "Marijuana microbusiness" means a facility licensed under this chapter to: (A) Cultivate not greater than one hundred fifty (150) marijuana plants at any one (1) time; (B) Prepare, manufacture, label and package marijuana and marijuana products obtained from those plants; (C) Sell specified amounts of marijuana and marijuana products. (xiv) "Marijuana paraphernalia" means all equipment, products and materials of any kind that are either designed for use or are intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling marijuana or otherwise introducing marijuana into the human body; (xv) "Marijuana products" means products that are composed of marijuana and other ingredients and are intended for use or consumption, including edible products, ointments and tinctures; (xvi) "Marijuana secure transporter" means a person licensed under this chapter to obtain marijuana from a marijuana establishment and transport the marijuana to another marijuana establishment; (xvii) "Marijuana testing facility" means a facility licensed under this chapter to develop, research and test marijuana, marijuana products and other substances; (xviii) "Non‑retail marijuana" means marijuana that is not cultivated, manufactured or sold by a licensed marijuana establishment; (xix) "Non‑retail marijuana products" means marijuana products that are not manufactured or sold by a licensed marijuana establishment; (xx) "Retail marijuana" means marijuana that is cultivated, manufactured and sold by a licensed marijuana establishment or that is cultivated or manufactured by a person pursuant to W.S. 11‑52‑502; (xxi) "Retail marijuana products" means marijuana products that are manufactured and sold by a licensed marijuana establishment or that are manufactured by a person pursuant to W.S. 11‑52‑502; (xxii) "Retail marijuana store" means a facility licensed under this chapter to: (A) Purchase marijuana, immature marijuana plants and seedlings from a marijuana cultivation facility; (B) Purchase marijuana and marijuana products from a marijuana manufacturing facility; (C) Receive possession of retail marijuana and retail marijuana products from marijuana secure transporters; (D) Sell retail marijuana, retail marijuana products, immature marijuana plants and seedlings to consumers. (xxiii) "State license" means a license issued by the department that permits a person to operate a marijuana establishment; (xxiv) "Testing" or "test" means the research and analysis of marijuana, marijuana products or other substances for contaminants, potency and safety; (xxv) "THC" means tetrahydrocannabinol, the psychoactive component of the cannabis plant, with the scientific name trans‑delta 9‑tetrahydrocannabinol. 11‑52‑102\. Department of agriculture; powers and duties; subpoenas; failure to obey. (a) The board shall: (i) Promulgate rules in accordance with the Wyoming Administrative Procedure Act and W.S. 11‑52‑103 to further the requirements of this act; (ii) Grant, suspend and revoke state licenses for the cultivation, manufacture, transportation, sale and testing of retail marijuana and retail marijuana products; (iii) Assess and collect civil penalties for violations of this chapter and regulations promulgated under this chapter; (iv) Employ personnel and contract with advisors and consultants as necessary to adequately perform the duties required under this chapter; (v) Hold not less than four (4) public meetings during each calendar year for the purpose of hearing complaints and receiving the views of the public with respect to the administration of this chapter; (vi) Not later than November 1 of each year, submit an annual report to the governor and the legislature with the following information: (A) The number of state licenses issued and currently active for each category of license; (B) Demographic information concerning the licensees; (C) A description of enforcement and disciplinary actions taken against licensees; (D) In coordination with the department of revenue, a statement of revenues and expenses of the department related to the implementation, administration and enforcement of this chapter. (vii) Perform any and all acts necessary to carry out the purposes of this chapter. (b) The director or the board, with respect to matters within their respective jurisdictions, may: (i) Conduct hearings, obtain information and make studies and investigations under this chapter, or as necessary to assist in prescribing any rules, regulations, orders or amendment of orders or in the administration and enforcement of this chapter and regulations and orders hereunder; (ii) Require any person who is engaged as a producer, processor or handler of any marijuana product to furnish any information under oath, affirmation or otherwise, to make and keep records and other documents and to make reports, and require any person to permit the inspection and copying of records and other documents; (iii) Administer oaths and affirmations and whenever necessary, subpoena any person to appear and testify or to appear and produce all books, documents, papers and records at any designated place as necessary to administer this chapter. (c) In case of refusal to obey a subpoena served upon any person, the district court for any county in which the person is found or resides or transacts business, upon application by the director or the board, may issue an order requiring the person to appear and give testimony or to appear and produce documents or both. Any failure to obey the order of the court may be punished by the court as a contempt. (d) All retail marijuana and retail marijuana products offered for sale in Wyoming in accordance with this chapter and with title 39, chapter 24 of the Wyoming statutes shall have affixed a stamp, imprint or impression on each package of retail marijuana or a retail marijuana product. The department shall promulgate rules for requiring all retail marijuana store and microbusiness licensees selling retail marijuana or retail marijuana products to procure and affix stamps, imprints or impressions on each package of retail marijuana or retail marijuana product. The department shall obtain suitable stamps for use as required by this section. The department may sell the stamps to licensees at a cost not to exceed the administrative costs of administering this subsection. The department shall keep accurate records of all stamps provided to licensees. The department may authorize licensees to use department approved metering machines to affix imprints or impressions in lieu of affixing stamps. The machine shall be sealed by the department and used pursuant to rules and regulations of the department. The department shall inspect and read each metering machine at least once a month or may approve and appoint a bank within Wyoming of the licensee's choice to act as setting agent pursuant to rules and regulations of the department. No licensee shall sell or transfer any stamps issued under this subsection. The department shall refund any unused and uncancelled stamps presented by a licensee. 11‑52‑103\. Rules and regulations. (a) The board shall adopt rules to: (i) Develop forms, applications and licenses as are necessary to administer this chapter; (ii) Prescribe procedures for issuing, renewing, suspending and revoking a state license; (iii) Provide a schedule of application, licensing and renewal fees for marijuana establishments in amounts necessary to ensure that, to the extent practicable, the total amount generated from the fees approximates the direct and indirect costs incurred by the board and department in carrying out the duties of this chapter; (iv) Establish requirements for all licensees under this chapter for the form, content and retention of all records and accounts; (v) Ensure compliance with the provisions of this chapter by requiring inspections of all licensees at a frequency that the board determines; (vi) Regulate the outdoor cultivation of marijuana by a marijuana cultivation facility licensee, including security requirements to include lighting, physical security and alarm requirements, provided that any rules promulgated under this paragraph shall not prohibit the cultivation of marijuana in a greenhouse or outdoors; (vii) Establish requirements for securely transporting marijuana between marijuana establishments; (viii) Establish sanitary standards for retail marijuana produce preparation; (ix) Establish a testing program for retail marijuana and retail marijuana products pursuant to W.S. 11‑52‑401; (x) Establish requirements for health and safety warning labels to be placed on retail marijuana and retail marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter; (xi) Establish reasonable restrictions on outdoor advertising of retail marijuana and retail marijuana products to ensure that advertising does not encourage or otherwise promote the use or consumption of retail marijuana or retail marijuana products by persons under twenty‑one (21) years of age; (xii) Require retail marijuana store licensees to file an appeal from any hearing decision rendered within thirty (30) days of the date the notice of decision is sent. (b) The board shall not adopt regulations that establish a limit on the number of any type of state licenses that may be granted or that require a customer to provide a retail marijuana store with identifying information other than identification necessary to determine the customer's age. (c) The board may promulgate: (i) Rules for the issuance of additional types or classes of state licenses to operate marijuana‑related businesses, including licenses that authorize only limited cultivation, manufacture, transportation, delivery, storage, sale or purchase of marijuana; (ii) Rules for the issuance of state licenses that authorize the consumption of retail marijuana or retail marijuana products at special events in limited areas and for a limited time; (iii) Rules for the issuance of state licenses that authorize cultivation for purposes of propagation or to facilitate scientific research or education; (iv) Any other rules that are reasonably necessary to regulate marijuana and marijuana products in accordance with this chapter. 11‑52‑104\. Seed‑to‑sale tracking system. To ensure that no retail marijuana grown or processed by a marijuana establishment is sold or otherwise transferred except by a retail marijuana store or as otherwise authorized by law, the board shall develop and maintain a seed‑to‑sale tracking system that tracks retail marijuana from either the seed or immature plant stage until the retail marijuana or retail marijuana product is sold to a customer at a retail marijuana store. 11‑52‑105\. Prohibition or regulation of retail marijuana and retail marijuana products on private property. No person shall be prohibited from prohibiting or otherwise regulating the cultivation, manufacture, testing, distribution, sale, display or consumption of retail marijuana or retail marijuana products on property that the person owns, occupies or manages. ARTICLE 2 LICENSE ADMINISTRATION 11‑52‑201\. Licensing; general application requirements. (a) An applicant for a state license to operate a marijuana establishment shall submit an application to the board on a form established by the board. An applicant shall pay any fees the board requires pursuant to this chapter or to rules promulgated under W.S. 11‑52‑103(a)(iii). Except as otherwise provided in this section, every officer, director, manager and general partner of a business entity that applies under this section shall comply with the provisions of this section. (b) Each applicant shall disclose in or include with the application the names and addresses of each person applying or participating in the application for a license and any business entities that have a direct or indirect financial interest in the state license that is sought, including the nature and extent of any financial interest the person or business entity has in any other license applied for or issued under this chapter. (c) Each applicant shall: (i) Be at least twenty‑one (21) years of age. If a business entity is applying, each officer, director, manager and general partner of the business entity shall be at least twenty‑one (21) years of age; (ii) Not have had a license, permit, certificate or other government‑issued authorization issued in another jurisdiction allowing the cultivation, manufacture, testing or sale of marijuana or marijuana products which was revoked by that jurisdiction; (iii) Submit fingerprints and personal descriptive information to the board as required by rule of the board; and (iv) Affirm under penalty of perjury that all of the information contained in the application is true and correct. (d) Any person who knowingly makes a false statement to the board for purposes of obtaining a license under this chapter shall be guilty of false swearing in violation of W.S. 6‑5‑303(c). The board shall revoke the license of a licensee if, subsequent to the issuance of a license, the board determines that the licensee knowingly or recklessly made a false statement of material fact to the board in applying for the license. (e) Upon receipt of a complete application and any required fees, the board shall: (i) Forward a copy of the application to the city, town or county where the applicant intends to establish a marijuana establishment in accordance with W.S. 11‑52‑102; (ii) Determine whether the applicant and the premises where the marijuana establishment is to be located qualify for a license and satisfy the requirements of this chapter; and (iii) Within thirty (30) days of receipt of the application, issue the appropriate license or send the applicant notice of denial of the application with the specific reasons why the board did not approve the application. 11‑52‑202\. Notice to localities. (a) Upon receiving an application for a license, the board shall notify the governing body of the city, town or county where each marijuana establishment is proposed to be located by notifying the chief law enforcement officer, town attorney and county attorney. Not later than thirty (30) days after receipt of notice under this subsection, the county and city or town shall notify the board whether the proposed marijuana establishment is in compliance with any ordinance or resolution adopted by the city, town or county pursuant to W.S. 11‑52‑301 and in effect at the time of the application and shall submit any other objections to the granting of the license. (b) A city, town or county that has limited through ordinance or resolution the number of marijuana establishments that may be licensed in accordance with W.S. 11‑52‑301 and that receives notices under subsection (a) of this section of a number of applicants that is more than the city's, town's or county's limit shall select which applications to forward to the board for approval through a competitive process that results in the selection of applicants who are best suited to operate in compliance of the provisions of this chapter. 11‑52‑203\. Multiple licenses; exceptions. (a) As used in this section, "interest" means an equity ownership interest, a partial equity ownership interest or any other type of financial interest, including an investor or serving in a management position. (b) Except as otherwise provided in this section, a person may possess one (1) or more of a marijuana cultivation facility license, a marijuana manufacturing facility license, a marijuana secure transporter license or a retail marijuana store license. No licensee who has received one (1) or more of the licenses specified in subsection (c) of this section shall receive any of the licenses specified in this subsection. (c) No licensee who has received one (1) or more of the licenses specified in subsection (b) of this section shall be issued a marijuana testing facility license or a marijuana microbusiness license or have any interest in an entity that has one (1) or more of the licenses specified in this subsection. (d) No person shall receive or have any interest in more than five (5) marijuana cultivation facility licenses or in more than one (1) marijuana microbusiness license. 11‑52‑204\. Separate licenses; posting; exception. (a) Each license granted by the board to an applicant under this chapter is separate and distinct from any other license the board issues to the same applicant. (b) Each license granted by the board under this chapter shall designate the place where the business of the licensee will be carried out. (c) Each licensee shall post the license in a location that is conspicuous to the public at the place where the licensee carries out the business for which the license is granted. (d) The privileges conferred by a license granted by the board shall continue until the last day of the twelfth month next ensuing or until the last day of the designated month and year of expiration, whichever is later. The board may terminate a license before its expiration for any cause for which the board may refuse to grant a license under W.S. 11‑52‑206 or by operation of law, voluntary surrender or order of the board. (e) The board may grant licenses for one (1) year or for multiple years, not to exceed three (3) years. The board shall determine qualifications and criteria for multi‑year licenses, provided that any fees charged for any license shall be nonrefundable. 11‑52‑205\. Maintaining possession of premises. Each license shall at all times maintain possession of the licensed premises of the marijuana establishment that the licensee is licensed to operate, whether pursuant to a lease, rental agreement or other arrangement for possession of the premises or by virtue of ownership. The board shall revoke the license of any licensee who fails to maintain possession of the licensed premises. 11‑52‑206\. Licenses; grounds for denial. (a) The board shall deny an application for a license if the board has reasonable cause to believe that: (i) The applicant or any officer, manager, director or general partner of a business entity that applies: (A) Is not twenty‑one (21) years of age or older; (B) Is not a resident of Wyoming; (C) Is not a person of good moral character and repute; (D) Is not the legitimate owner of the business proposed to be licensed or has not disclosed all persons having an ownership interest in the business; (E) Has not demonstrated sufficient financial responsibility as required by rule of the board to meet the requirements of the business proposed to be licensed; (F) Has misrepresented a material fact in applying for a license; (G) Has defrauded or attempted to defraud the board or any other governmental entity by making or filing any record, report, document or tax return required by law that is fraudulent or contains a false statement in violation of W.S. 6‑5‑303(c); or (H) Is a member or employee of the board or the department. (ii) The premises that the applicant will occupy: (A) Does not conform to the requirements of the city, town or county in which the premises are located or to the requirements established by the board; (B) Is so located that granting a license and operation thereunder would result in violations of this chapter or board regulations or of the laws of Wyoming; (C) Is located near a church, hospital, school, higher education institution, playground or other similar recreational area or a facility of any governmental entity in Wyoming such that the operation of the marijuana establishment would adversely affect or interfere with the normal, orderly conduct of the entity specified in this subparagraph; or (D) Is located in an area zoned exclusively for residential use or is within one thousand (1,000) feet of any school facility. (iii) Issuing the license would violate any law that warrants denial of the application; (iv) The board is not authorized under this chapter to issue the license. (b) The board shall refuse to grant any license to any member or employee of the board or department or to any corporation or other business entity in which the member or employee of the board is a stockholder or has any other economic interest. (c) An applicant who is a public member as defined by W.S. 9‑13‑102(a)(xiii) or a public official as defined by W.S. 9‑13‑102(a)(xiv) shall disclose his position on any application submitted under this chapter and shall state his full economic interests in any business entity that is seeking an application under this chapter. 11‑52‑207\. Denial of application; hearing; procedure. The final decision of the board to issue, suspend or revoke a license or deny an application shall be subject to judicial review in accordance with the Wyoming Administrative Procedure Act. 11‑52‑208\. Suspension and revocation of licenses. (a) The board shall suspend or revoke any license if it has reasonable cause to believe that: (i) The licensee or, if the licensee is a business entity, any officer, director, manager or general partner: (A) Has misrepresented a material fact in its application for the license; (B) Is or has been convicted of any felony or any law applicable to the cultivation, manufacture, sale or testing of marijuana or marijuana products before July 1, 2021; (C) Has violated any prohibition of this chapter; (D) Has violated or refused to comply with any regulation of the board or any condition or restriction of the license; (E) Is not or ceases to be the legitimate owner of the marijuana establishment for which the license was issued; (F) Has maintained the marijuana establishment in an unsanitary condition; (G) Has allowed any person to consume upon the licensed premises any marijuana or marijuana products except as provided under this chapter; (H) Has defrauded or attempted to defraud the board or any other governmental entity by making or filing any record, report, document or tax return required by law that is fraudulent or contains a false statement in violation of W.S. 6‑5‑303(c); or (J) Has, upon the licensed premises: (I) Illegally possessed, distributed, sold or used or has knowingly allowed any employee or other person to illegally possess, distribute, sell or use controlled substances as defined by state and federal law; (II) Laundered money in violation of law; or (III) Conspired to commit any offense related to controlled substances in violation of title 6 of the Wyoming statutes or of the Wyoming Controlled Substances Act of 1971. (ii) The premises or marijuana establishment that the licensee occupies or operates does not conform to the requirements of any local governmental entity or has been established as a nuisance in accordance with W.S. 6‑6‑201 through 6‑6‑209\. 11‑52‑209\. Suspension and revocation of licenses; civil action; administrative and judicial proceedings; disposition of marijuana and marijuana products. (a) An action to revoke any license issued under this chapter may be brought in the name of the state of Wyoming by the attorney general, any county attorney or the licensing authority for the reason that the licensee or permittee has violated this chapter. (b) Actions to revoke licenses are civil actions and shall be tried before the court without a jury. The revocation proceedings shall be in accordance with the Wyoming Rules of Civil Procedure, and the trial and all other matters to come before the court shall have a priority upon the court calendar. If, upon trial, it appears that the license of the licensee should be revoked, the court shall enter its order accordingly. The court may revoke the license upon proof that the intent and purpose of this chapter has been violated. The fact that no criminal proceeding has been instituted or that no law with sanctions has been violated is not a defense to the action. Upon the application of the state and upon a showing to the satisfaction of the court that there are probable grounds for believing the licensee's license should be revoked, the court may issue an order suspending a license during the pendency of an action for its revocation and no bond shall be required as a condition to the issuance of the suspension order. Appeal from the final district court decision may be taken according to the Wyoming Rules of Appellate Procedure, but the order of revocation shall remain in effect pending a decision by the appellate court. (c) The provisions of this section are cumulative and shall not be construed as preventing the board from revoking a license in any case authorized by law. (d) The board may revoke any license issued under this chapter for violation of any of the rules and regulations promulgated by the board pursuant to this chapter or for violation of any of the provisions of this chapter. Before suspension or final revocation of a license under this chapter the board shall issue at least two (2) written notices of the intent to revoke or suspend the license to the licensee. The notices shall be provided at least one (1) week apart and the final notice shall be provided at least thirty (30) days before any suspension or revocation. The notice shall identify the violation warranting revocation or suspension of the license, the date when it will be suspended or revoked and the ability to appeal and to continue to operate as provided in this subsection. Unless the board orders otherwise, a licensee may continue to operate under the license pending a contested case hearing under the Wyoming Administrative Procedure Act regarding the license suspension or revocation. A request for a contested case hearing shall be filed not more than thirty (30) days following the date the notice is provided under this subsection. The decision rendered at the contested case hearing shall be subject to judicial review under W.S. 16‑3‑114 except that the review shall not operate to stay a revocation or suspension order of the board during the pendency of the district court proceeding or during a later appeal to the supreme court. Should the license or permit of a licensee expire during the pendency of a contested case hearing or in any of the courts of this state, no new or renewal license shall be granted to the licensee or any other person pending the outcome of the appeal. (e) Upon the final revocation of a license, all marijuana and marijuana products in the possession of the licensee shall be delivered to the board and shall be disposed of at the direction of the board. 11‑52‑210\. Marijuana cultivation facility license. (a) The board may issue a marijuana cultivation facility license to any applicant or licensee to: (i) Purchase marijuana plants and seeds from other marijuana cultivation facilities; (ii) Cultivate, label and package retail marijuana on premises approved by the board; (iii) Transfer possession of its retail marijuana to marijuana secure transporters; (iv) Sell retail marijuana to marijuana manufacturing facilities, retail marijuana stores and other marijuana cultivation facilities; (v) Sell marijuana plants and seeds to other marijuana cultivation facilities and immature marijuana plants to retail marijuana stores. (b) No person issued a license under this section shall cultivate more than two thousand (2,000) marijuana plants at any one (1) time. (c) A marijuana cultivation facility licensee shall comply with the provisions of W.S. 11‑52‑104\. 11‑52‑211\. Marijuana manufacturing facility license. (a) The board may issue a marijuana manufacturing facility license to any applicant or licensee to: (i) Purchase retail marijuana from a marijuana cultivation facility or another marijuana manufacturing facility; (ii) Manufacture, label and package retail marijuana and retail marijuana products on premises approved by the board; (iii) Transfer possession of retail marijuana and retail marijuana products to marijuana secure transporters; (iv) Sell retail marijuana and retail marijuana products to retail marijuana stores and to other marijuana manufacturing facilities. (b) Retail marijuana products shall be prepared at a marijuana manufacturing facility on premises and with equipment that is used exclusively for the manufacture and preparation of retail marijuana and retail marijuana products. (c) A marijuana manufacturing facility licensee shall comply with the provisions of W.S. 11‑52‑104\. 11‑52‑212\. Marijuana secure transporter license. (a) The board may issue a marijuana secure transporter license to any applicant or licensee to obtain retail marijuana or retail marijuana products from a marijuana establishment and transport those products to another marijuana establishment. (b) Each marijuana secure transporter licensee shall comply with W.S. 11‑52‑104 and shall track the retail marijuana and retail marijuana products that it receives and delivers to another marijuana establishment. 11‑52‑213\. Marijuana testing facility license. (a) The board may issue a marijuana testing facility license to any applicant or licensee to develop, research and test retail marijuana, retail marijuana products and other substances for that facility, another licensee under this chapter or another person who intends to use the marijuana or marijuana product for personal use as authorized by W.S. 11‑52‑502\. (b) Nothing in this chapter shall prohibit a marijuana testing facility from developing, researching or testing other substances that are not marijuana for that facility or for another person. (c) Each licensee under this section shall obtain and maintain accreditation pursuant to standard ISO/IEC 17025 of the International Organization for Standardization ("ISO") or other comparable accreditation standard required by the board. (d) Each marijuana testing facility licensee shall comply with W.S. 11‑52‑104 and shall track all marijuana and marijuana products it receives from another licensee for testing purposes until those products are delivered, transferred or destroyed. (e) No person with an interest in a marijuana testing facility shall have any interest in a marijuana cultivation facility, a marijuana manufacturing facility, a marijuana secure transporter, a retail marijuana store or a marijuana microbusiness. No person with an interest in any marijuana cultivation facility, marijuana manufacturing facility, marijuana secure transporter, retail marijuana store or marijuana microbusiness shall have an interest in a marijuana testing facility. 11‑52‑214\. Retail marijuana store license. (a) The board may issue a retail marijuana store license to any applicant or licensee to: (i) Purchase retail marijuana, immature marijuana plants and seedlings from a marijuana cultivation facility; (ii) Purchase retail marijuana and retail marijuana products from a marijuana manufacturing facility; (iii) Receive possession of retail marijuana and retail marijuana products from marijuana secure transporters; (iv) Sell retail marijuana, retail marijuana products, immature marijuana plants, flowering marijuana plants and seedlings to consumers on premises approved by the board. (b) Retail marijuana stores shall be operated in accordance with the following: (i) No person under twenty‑one (21) years of age shall be permitted to make a purchase in a retail marijuana store; (ii) Retail marijuana, retail marijuana products, immature marijuana plants, flowering marijuana plants and seedlings shall be sold to consumers only; (iii) Retail marijuana, retail marijuana products, immature marijuana plants, flowering marijuana plants and seedlings to be sold in a retail marijuana store shall be cultivated or manufactured in Wyoming; (iv) A retail marijuana store shall not be permitted to sell more than the following during a single transaction to any one (1) person: (A) Two and one‑half (2 1/2) ounces of retail marijuana; (B) Sixteen (16) ounces of solid marijuana product; (C) Seventy‑two (72) ounces of liquid marijuana product; (D) Twelve (12) immature marijuana plants; or (E) Six (6) flowering marijuana plants. (c) A retail marijuana store may sell: (i) An unlimited number of seedlings to one (1) person during a single transaction; (ii) Any other consumable or nonconsumable products that it is otherwise permitted by law to sell, excluding tobacco and alcohol. (d) A retail marijuana store shall not: (i) Give away any retail marijuana, retail marijuana products, immature marijuana plants, flowering marijuana plants or seedlings; (ii) Sell retail marijuana, retail marijuana products, immature marijuana plants, flowering marijuana plants or seedlings to any person when at the time of the sale the retail marijuana store has reason to believe that the person to whom the sale would be made is intoxicated. (e) Each retail marijuana store licensee shall comply with W.S. 11‑52‑104 and shall track all marijuana and marijuana products that are delivered to the store until those products are sold to a consumer, transferred to a marijuana secure transporter, delivered to a marijuana testing facility or are destroyed. 11‑52‑215\. Marijuana microbusiness license. (a) The board may issue a marijuana microbusiness license to any applicant or licensee to: (i) Cultivate not greater than one hundred fifty (150) marijuana plants at any one (1) time on premises approved by the board; (ii) Manufacture, prepare and package retail marijuana and retail marijuana products produced from the plants on the approved premises; (iii) Sell retail marijuana and retail marijuana products on the approved premises provided that the retail marijuana and retail marijuana products are cultivated or manufactured in Wyoming. 11‑52‑216\. Privileges of licenses; liability for violations of law. Employees and agents of licensees may sell marijuana and marijuana products under the licensee's license. A licensee shall be held liable for any violation of this chapter or any regulation that an employee or agent commits in connection with their employment with the licensee. 11‑52‑217\. Use or consumption of marijuana or marijuana products on licensee's premises by licensee, agent or employee. No licensee, agent or employee of the licensee shall use or consume marijuana or marijuana products on the premises of the licensee except for sampling for quality control purposes as provided by rule of the board. ARTICLE 3 LOCAL REGULATION OF MARIJUANA PRODUCTS 11‑52‑301\. Local regulation of marijuana establishments generally; civil penalty. (a) The qualified voters of a city, town or county may petition the governing body for enactment of an ordinance or resolution completely prohibiting the establishment or operation of one (1) or more types of marijuana businesses or establishments licensed under this chapter or limiting the number and type of marijuana businesses or establishments licensed under this chapter. The petition shall be signed by qualified voters in the city, town or county equal in number to not less than ten percent (10%) of the number of registered voters in the city, town or county as of January 1 of the current year. (b) A city, town or county that authorizes or permits the establishment or operation of one (1) or more of the types of businesses licensed under this chapter may enact an ordinance or resolution providing licensing requirements applicable to marijuana establishments within the city's, town's or county's boundaries, including a local license requirement, local license fee schedule for fees to defray administrative and enforcement costs. No fee established under this subsection shall exceed five thousand dollars (\$5,000.00) per year. (c) A city, town or county may provide by ordinance or resolution a civil penalty for the violation of any local ordinance or resolution, provided that no civil penalty enacted shall exceed five hundred dollars (\$500.00) per violation. (d) Nothing in this chapter shall be construed to supersede or limit the authority of a city, town or county to adopt and enforce local ordinances or resolutions to regulate businesses licensed under this chapter, including local zoning and land use requirements, business license requirements and prohibitions on the establishment and operation of marijuana establishments. (e) Nothing in this section shall be construed to authorize a county to supersede or limit the actions a city or town lawfully takes under this article. 11‑52‑302\. Use or consumption of marijuana on premises of licensed retail marijuana store. (a) A city, town or county may permit the use or consumption of marijuana or marijuana products at special events in limited areas for a limited time if: (i) Access to the area where marijuana or marijuana product use or consumption is allowed is restricted to persons age twenty‑one (21) and older; (ii) Marijuana or marijuana product use or consumption is not visible from any public place or non‑restricted area by age; and (iii) The sale or consumption of alcohol or tobacco is not permitted on the premises. 11‑52‑303\. Local regulation; prohibitions. (a) No city, town or county shall: (i) Restrict the transportation of retail marijuana or retail marijuana products through the city, town or county; (ii) Adopt any ordinance, resolution or regulation that conflicts with the provisions of this chapter or any regulations promulgated by the board. ARTICLE 4 HEALTH AND SAFETY REQUIREMENTS 11‑52‑401\. Regulations for marijuana testing. (a) Subject to W.S. 11‑52‑402, the board shall establish a testing program for marijuana and marijuana products that requires a licensee to submit a representative sample of retail marijuana or retail marijuana products before being sold or distributed to a consumer or another licensee. The sample shall not exceed ten percent (10%) of the total harvest or batch and shall be submitted to a licensed marijuana testing facility to ensure that the retail marijuana or retail marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required to ensure correct labeling. (b) The board shall adopt rules to: (i) Establish a testing program pursuant to this section; (ii) Establish acceptable testing and research practices, including rules for testing practices, methods and standards, quality control analysis, equipment certification and calibration, marijuana testing facility recordkeeping, documentation and business practices, disposal of used, unused and waste retail marijuana and retail marijuana products and the reporting of test results; (iii) Identify the types of contaminants that are injurious to health for which retail marijuana and retail marijuana products shall be tested under this article; (iv) Specify the maximum level of allowable contamination for each contaminant. 11‑52‑402\. Mandatory testing; scope; recordkeeping; notice; required destruction. (a) A licensee shall not sell or distribute retail marijuana or retail marijuana products to a consumer or another licensee without submitting a representative sample of the retail marijuana or retail marijuana product for testing as required under this article. (b) Testing of retail marijuana and retail marijuana products shall include testing of the final or completed form of the retail marijuana and retail marijuana product for: (i) Residual solvents, poisons and toxins; (ii) Harmful chemicals; (iii) Dangerous molds and mildew; (iv) Harmful microbes, including Escherichia coli and salmonella; (v) Pesticides, fungicides and insecticides; (vi) THC potency, homogeneity and cannabinoid profiles to ensure correct product labeling. (c) Each licensee shall maintain a record of all testing required under this section, including a description of the retail marijuana or retail marijuana product submitted for testing, the identity of the marijuana testing facility and the results of the testing. (d) A marijuana testing facility that tests retail marijuana or retail marijuana products that exceeds the maximum level of allowable contamination for any contaminant or that is injurious to health shall immediately quarantine and document the retail marijuana or retail marijuana product and shall notify the board not later than thirty (30) days after completing the testing. A testing facility shall properly destroy the quarantined retail marijuana or retail marijuana product upon direction from the board and after the time to challenge testing results has expired or after resolution of any challenge to the testing results. (e) A marijuana testing facility is not required to notify the board of the results of any test conducted on retail marijuana or a retail marijuana product at the direction of: (i) A licensee pursuant to this section and the testing demonstrates that the marijuana or marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required; (ii) A licensee for research and development purposes only, provided that the licensee notifies the marijuana testing facility before the testing that the testing is for research and development only; or (iii) A person who is not a licensee. (f) Notwithstanding the requirements of this section, a licensee may sell or furnish to a consumer or another licensee retail marijuana or a retail marijuana product that the licensee has not submitted for testing required by this section if the retail marijuana or retail marijuana product meets all of the following requirements: (i) The retail marijuana or retail marijuana product has previously undergone testing in accordance with this article at the direction of another licensee and did not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required; (ii) The mandatory testing process and the test results for the retail marijuana or retail marijuana product are documented in accordance with the requirements of this article and any rules promulgated under this article; (iii) Tracking from immature marijuana plant to the point of retail sale has been maintained for the retail marijuana or retail marijuana product and transfers to another licensee or to a consumer can be easily identified; and (iv) Since the performance of the testing under paragraph (i) of this subsection, the retail marijuana or retail marijuana product has not undergone any further processing, alteration or manufacturing. (g) Licensees shall destroy harvested batches of retail marijuana or batches of retail marijuana product whose testing samples indicate noncompliance with the standards established in this article unless remedial measures can bring the retail marijuana or retail marijuana products into compliance with the requirements of this article to the board's satisfaction. 11‑52‑403\. Labeling and packaging requirements; prohibitions. (a) Retail marijuana and retail marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter shall be labeled with the following: (i) Identification of the type of marijuana or marijuana product and the date of cultivation, manufacturing and packaging; (ii) The license numbers of the marijuana cultivation facility, marijuana manufacturing facility and the retail marijuana store where the retail marijuana or retail marijuana product was cultivated, manufactured and offered for sale; (iii) A statement of the net weight of the retail marijuana or retail marijuana product; (iv) Information concerning: (A) Pharmacologically active ingredients, including THC, cannabidiol and other cannabinoid content; (B) The THC and other cannabinoid amount in milligrams per serving, the total servings per package and the THC and other cannabinoid amount in milligrams for the total package; and (C) The potency of the THC and other cannabinoid content. (v) Information on gases, solvents and chemicals used in marijuana extraction, if applicable; (vi) Instructions on usage; (vii) For retail marijuana products, a list of ingredients and possible allergens and a recommended use by date or expiration date; (viii) For edible retail marijuana products, a nutritional fact panel; (ix) The following statements, prominently displayed in bold capital letters and in a clear and legible fashion: "Warning: this package contains marijuana. Keep out of reach of children and animals. Marijuana and marijuana products may only be possessed or consumed by persons age 21 and older. Marijuana use while pregnant or breastfeeding may be harmful. Consumption of marijuana impairs your ability to drive and operate machinery, and doing so may be illegal. Please use extreme caution."; (x) Any other information required by rule of the board. (b) Retail marijuana and retail marijuana products to be sold or offered for sale by a licensee in accordance with this chapter shall: (i) Be prepackaged or placed in child‑resistant packaging; (ii) For multi‑serving liquid marijuana products, include an integral measurement component; (iii) Comply with any other requirements imposed by rule of the board. (c) Retail marijuana and retail marijuana products to be sold or offered for sale by a licensee in accordance with this chapter shall not be: (i) Labeled or packaged in violation of a federal trademark law or regulation; (ii) Labeled or packaged in a manner that is specifically designed to appeal to persons under twenty‑one (21) years of age; (iii) Labeled or packaged in a manner that obscures identifying information on the label; (iv) Labeled or packaged using a false or misleading label; (v) Sold or offered for sale using a label or packaging that depicts a human, animal or fruit; (vi) Labeled or packaged in violation of any other board rule pertaining to packaging or labeling. 11‑52‑404\. Advertising and marketing restrictions. (a) As used in this section: (i) "Advertisement" means as defined by W.S. 35‑7‑110(a)(i) and includes all representations disseminated for the purpose of inducing sales of retail marijuana or retail marijuana products; (ii) "Health‑related statement" means any statement related to health and includes statements of a curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption of retail marijuana or retail marijuana products and health benefits or effects on health; (iii) "Market" or "marketing" means any act or process of promoting or selling retail marijuana or retail marijuana products, including point‑of‑sale advertising and development of products specifically designed to appeal to certain demographics. (b) No person shall advertise in or send any advertising material into Wyoming about or concerning retail marijuana or retail marijuana products other than those that may be legally manufactured in Wyoming under the provisions of this chapter. (c) Advertising or marketing used by or on behalf of a licensee shall: (i) Accurately and legibly identify the licensee responsible for its content by adding, at a minimum, the licensee's license number; (ii) Not be misleading, deceptive or false; (iii) Not have a high likelihood of reaching and not be designed to appeal particularly to persons under twenty‑one (21) years of age; (iv) Comply with any other advertising rule of the board. (d) Any advertising or marketing involving direct, individualized communication or dialogue controlled by the licensee shall utilize a method of age affirmation to verify that the recipient is at least twenty‑one (21) years of age before engaging in that communication or dialogue. For purposes of this subsection, the method of age affirmation may include user confirmation, birthdate disclosure or any other similar registration method. (e) No licensee shall give away any amount of retail marijuana, retail marijuana products or marijuana accessories as part of a business promotion or any other commercial activity. (f) No licensee shall include on the label of any retail marijuana or retail marijuana product or publish or disseminate advertising containing any health‑related statement that is untrue or tends to create a misleading impression as to the effects on health of marijuana consumption. (g) All outdoor advertising of retail marijuana or retail marijuana products shall comply with the following: (i) No outdoor retail marijuana or retail marijuana product advertising shall be placed within one thousand (1,000) linear feet of a church or other place of religious worship, any school facility, any facility of an institution of higher education, any playground or recreational facility or a dwelling used for residential use. If an advertisement is displayed and a facility specified in this paragraph is constructed or opened to where the advertisement would violate this paragraph, the licensee shall remove the advertisement not later than one (1) year after the opening of the facility or the expiration of any lease or contract for the advertisement, whichever is sooner; (ii) The board may grant a permit authorizing a variance from the distance requirements of this subsection upon a finding that the placement of retail marijuana or retail marijuana product advertising on a sign will not unduly expose persons under twenty‑one (21) years of age to marijuana and marijuana product advertising; (iii) The outdoor advertising distance requirements contained in this section shall not apply to signs placed by licensees upon the property on which the licensed premises is located, provided that the signs are in compliance with any local ordinances or resolutions; (iv) Nothing in this section shall be construed to authorize billboard signs containing retail marijuana or retail marijuana product advertising on property zoned agricultural or residential or on any unzoned property; (v) Nothing in this section shall be construed to authorize new billboard signs containing retail marijuana or retail marijuana product advertising that would otherwise be prohibited by law; (vi) All lawfully erected outdoor retail marijuana or retail marijuana product signs shall comply with the provisions of this chapter and any applicable rules of the state transportation commission if the signs are located on the right‑of‑way of a public highway. (h) The provisions of this section shall not apply or be construed to apply to any noncommercial speech. 11‑52‑405\. Health and safety requirements for edible marijuana products; regulations. (a) In addition to all other applicable provisions of this chapter, solid marijuana products to be sold or offered for sale by a licensee to a consumer shall: (i) Be manufactured in a manner that results in the cannabinoid content within the product being homogenous throughout the product or throughout each element of the product that has a cannabinoid content; (ii) Be manufactured in a manner that results in the amount of marijuana concentrate within the product being homogenous throughout the product or throughout each element of the product that contains marijuana concentrate; (iii) Have a universal symbol stamped or embossed on each serving of the product; (iv) Not contain more than one hundred (100) milligrams of THC per serving of the product and shall not contain more than one hundred (100) milligrams of THC per package of the product; (v) Not contain additives or contaminants that are toxic or harmful to human beings, specifically designed to make the product more addictive, misleading to consumers or specifically designed to make the product appeal particularly to consumers under twenty‑one (21) years of age; (vi) Not involve the addition of marijuana to a trademarked food or drink product, except when the trademarked product is used as a component of or an ingredient in the edible retail marijuana product and the product is not advertised or described for sale as containing the trademarked product and the written consent of the trademark holder is obtained. (b) The board shall adopt any rules for labeling, packaging and other health and safety provisions that it deems necessary to ensure the safe sale of retail marijuana and retail marijuana products. The board shall adopt rules for: (i) Health and safety standards for the cultivation of marijuana, the manufacture of marijuana and the packaging and labeling of retail marijuana; (ii) Requirements for storage, warehousing and transportation of retail marijuana and retail marijuana products by licensees; (iii) Sanitary standards for marijuana establishments, including sanitary standards for the manufacture of retail marijuana and retail marijuana products. ARTICLE 5 PERMITTED AND LIMITED PRACTICES 11‑52‑501\. Possession of retail marijuana; limitations; civil penalty. (a) Except as otherwise provided in this chapter and notwithstanding any other provision of law, no person twenty‑one (21) years of age or older shall possess outside of his residence more than: (i) Three (3) ounces of retail marijuana or retail marijuana products that is flower; (ii) Sixteen (16) ounces of retail marijuana or retail marijuana products that is solid product; (iii) Seventy‑two (72) ounces of retail marijuana or retail marijuana products that is liquid product; (iv) Thirty (30) grams of retail marijuana or retail marijuana products in the form of marijuana concentrate. 11‑52‑502\. Home cultivation, storage and manufacture of marijuana; prohibitions. (a) Except as otherwise provided in this chapter and notwithstanding any other provision of law, a person twenty‑one (21) years of age or older may lawfully for personal consumption and not for sale: (i) Cultivate up to twelve (12) mature flowering female marijuana plants for personal use within the person's residence, provided that not more than twelve (12) total mature flowering female plants shall be cultivated or stored upon the person's residence at any one (1) time; (ii) Possess, store and manufacture not more than sixteen (16) ounces of retail marijuana and retail marijuana products within the person's residence in addition to the amount of marijuana plants specified in paragraph (i) of this subsection, provided that any amount more than two and one‑half (2 1/2) ounces shall be stored in a container or area with locks or other security devices that restrict access to the container or area. 11‑52‑503\. Possession and sale of marijuana paraphernalia. Except as otherwise provided in this chapter and notwithstanding any other provision of law, a person twenty‑one (21) years of age or older may possess, use, sell, distribute or manufacture marijuana paraphernalia, provided that the sale or distribution of marijuana paraphernalia shall be only to persons age twenty‑one (21) or older. 11‑52‑504\. Civil penalty; law enforcement; affirmative defense; conditions. (a) Any person who violates a provision of this article shall be subject to a civil penalty of not more than: (i) Fifty dollars (\$50.00) for a first offense; (ii) One hundred dollars (\$100.00) for a second offense; (iii) Two hundred fifty dollars (\$250.00) for a third or subsequent offense. (b) All duly authorized peace officers, correctional officers and probation and parole agents as defined in W.S. 7‑13‑401, while investigating violations of this article and article 6 of this chapter in performance of their official duties, shall be immune from prosecution as provided in W.S. 35‑7‑1043\. (c) It shall be an affirmative defense to the imposition of the civil penalties under this section if the person: (i) Seeks or obtains in good faith emergency medical attention for himself if he is experiencing an overdose, or if he seeks medical attention for another person, by contemporaneously reporting the overdose to a peace officer, firefighter or emergency medical personnel; (ii) Remains at the scene of an overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a peace officer responds to the report of an overdose; and (iii) Identifies himself to the peace officer who responds to the report of an overdose and, if requested, substantially cooperates in any investigation of any criminal offense reasonably related to the controlled substance, alcohol or combination of substances that resulted in an overdose. (d) Any evidence for an offense specified in this section that was obtained as a result of the person seeking emergency medical attention for himself or another shall not be used against that person in any action. (e) Any person found liable for violating a provision of this article shall be required to undergo a substance abuse assessment as defined by W.S. 7‑13‑1301(a)(v). 11‑52‑505\. Possession or distribution of marijuana for medical purposes permitted; interaction with provisions for hemp products. (a) Nothing in this chapter shall be construed to prohibit or penalize: (i) The possession of marijuana or THC when that possession occurs pursuant to a valid recommendation issued by a medical doctor in the course of his professional practice for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the doctor to benefit from the use of such substances; (ii) The dispensing or distributing of marijuana or THC for medical purposes by a medical doctor when occurring in the course of his professional practice for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the doctor to benefit from the use of those substances; (iii) The dispensing or distributing of marijuana or THC by a pharmacist to any person who holds a valid recommendation of a medical doctor issued in the course of the doctor's professional practice for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the doctor to benefit from the use of such substances. (b) Nothing in this chapter shall be construed to prohibit or penalize any conduct that is permitted under chapter 51 of this title. ARTICLE 6 PROHIBITED PRACTICES AND PENALTIES 11‑52‑601\. Possession or cultivation of retail marijuana by persons under twenty‑one prohibited; penalty. (a) No person under twenty‑one (21) years of age shall knowingly or intentionally possess retail marijuana or retail marijuana products. For purposes of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that the person either knowingly or intentionally possessed the marijuana. (b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars (\$750.00), or both. 11‑52‑602\. Affirmative defense; immunity; conditions. (a) All duly authorized peace officers, correctional officers and probation and parole agents as defined in W.S. 7‑13‑401, while investigating violations of this chapter in performance of their official duties, shall be immune from prosecution under W.S. 11‑52‑601 as provided in W.S. 35‑7‑1043\. (b) It shall be an affirmative defense to the imposition of the penalties specified in W.S. 11‑52‑601 if the person: (i) Seeks or obtains in good faith emergency medical attention for himself if he is experiencing an overdose, or if he seeks medical attention for another person, by contemporaneously reporting the overdose to a peace officer, firefighter or emergency medical personnel; (ii) Remains at the scene of an overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a peace officer responds to the report of an overdose; and (iii) Identifies himself to the peace officer who responds to the report of an overdose and, if requested, substantially cooperates in any investigation of any criminal offense reasonably related to the controlled substance, alcohol or combination of substances that resulted in an overdose. (c) Any evidence for an offense specified in this section that was obtained as a result of the person seeking emergency medical attention for himself or another shall not be used against that person in any action. (d) Any person found liable for violating W.S. 11‑52‑601 shall be required to undergo a substance abuse assessment as defined by W.S. 7‑13‑1301(a)(v). 11‑52‑603\. Public consumption prohibited; civil penalty. (a) Except as otherwise provided in this chapter and notwithstanding any other provision of law, no person shall smoke marijuana in public. (b) A person may smoke retail marijuana or retail marijuana products only if the person is: (i) In a private residence in which the person is domiciled, including the curtilage; (ii) On private property on which the person is not domiciled, provided that the property is not generally accessible by the public and the person is expressly permitted to smoke marijuana or marijuana products on the property by the owner of the property; or (iii) On the premises of a special event permitted by a city, town or county pursuant to W.S. 11‑52‑302\. (c) A person who violates subsection (a) of this section shall be subject to a civil penalty not to exceed: (i) Two hundred dollars (\$200.00) for a first offense; (ii) Three hundred dollars (\$300.00) for a second offense; (iii) Five hundred dollars (\$500.00) for a third or subsequent offense. 11‑52‑604\. Illegal cultivation or manufacture; penalties. (a) Except as authorized by W.S. 11‑52‑502, no person shall cultivate or manufacture, or possess with intent to cultivate or manufacture, marijuana or marijuana products without being licensed under this chapter. (b) Any person who violates subsection (a) of this section and cultivates, manufactures or possesses with intent to cultivate or manufacture: (i) More than two and one‑half (2 1/2) ounces of marijuana but not greater than five (5) ounces of marijuana or more than twelve (12) mature flowering female marijuana plants but not greater than twenty‑four (24) mature flowering female marijuana plants shall be subject to a civil penalty of not more than: (A) Five hundred dollars (\$500.00) for a first offense; (B) One thousand dollars (\$1,000.00) for a second offense; (C) Two thousand dollars (\$2,000.00) for a third or subsequent offense. (ii) More than five (5) ounces but not greater than five (5) pounds of marijuana or more than twenty‑four (24) mature flowering female marijuana plants but not greater than fifty (50) marijuana plants shall be guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars (\$750.00), or both; (iii) More than five (5) pounds of marijuana or more than fifty (50) marijuana plants shall be 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. (c) A person who conspires with another to commit a violation of paragraph (b)(iii) of this section and takes any action to further the conspiracy shall be guilty of a felony punishable by imprisonment for not more than two (2) years, a fine of not more than five thousand dollars (\$5,000.00), or both. 11‑52‑605\. Illegal sale transportation or distribution of marijuana; penalties. (a) No person shall sell, transport, distribute or possess with the intent to sell or distribute marijuana or marijuana products without being licensed under this chapter to cultivate, manufacture, sell or test retail marijuana or retail marijuana products. (b) A person who violates subsection (a) of this section is guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine not to exceed ten thousand dollars (\$10,000.00), or both. 11‑52‑606\. Distribution of marijuana to persons under age eighteen prohibited; penalties. (a) No person who is at least twenty‑one (21) years of age shall knowingly or intentionally: (i) Distribute marijuana to any person younger than eighteen (18) years of age and who is at least three (3) years younger than the actor; or (ii) Cause any person under eighteen (18) years of age to assist in the distribution of marijuana. (b) A person who violates subsection (a) of this section is guilty of a felony punishable by imprisonment for not more than twenty (20) years, a fine not to exceed twenty thousand dollars (\$20,000.00), or both. 11‑52‑607\. Manufacturing, distributing and obtaining marijuana by fraud; penalties. (a) No person shall use in the course of manufacturing or distributing marijuana a license number that is fictitious, revoked, suspended or issued to another person. (b) No person shall, for the purpose of obtaining marijuana, falsely assume the title of or represent himself to be a cultivator, manufacturer, wholesaler, retailer, tester, pharmacist, physician, dentist, veterinarian or other authorized person. (c) A person who violates subsection (a) or (b) of this section is: (i) For a first offense, guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars (\$750.00), or both; (ii) For a second offense, guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars (\$1,000.00), or both; (iii) For a third or subsequent offense, guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars (\$10,000.00), or both. (d) Any person convicted of an offense under this section shall be required to undergo a substance abuse assessment as defined by W.S. 7‑13‑1301(a)(v). 11‑52‑608\. Prohibition on the sale or manufacture of marijuana near certain properties; penalties. (a) No person shall manufacture, sell, distribute or possess with the intent to sell, give or distribute marijuana or marijuana products while: (i) Upon the property of any school, institution of higher education or day care center; (ii) Upon public property or any property open to public use that is within one thousand (1,000) feet of a facility specified in paragraph (i) of this subsection; (iii) On any school bus; (iv) Upon a designated school bus stop or upon public property or any property open to public use that is within one thousand (1,000) feet of a designated school bus stop during the time when children are waiting to be picked up or are being dropped off; (v) Upon the property of any publicly owned or operated recreation or community center facility or any public library; or (vi) Upon the property of the state hospital, a state penal institution, the Wyoming boys' school, Wyoming girls' school or a jail or on any public property or property open to public use within one thousand (1,000) feet of an institution specified in this paragraph. (b) A person violating subsection (a) of this section shall be guilty of a felony punishable by imprisonment of not more than two (2) years, a fine not greater than two thousand dollars (\$2,000.00), or both. (c) Nothing in this section shall prohibit or bar any prosecution or proceeding under another provision of law if a person's conduct violates the prohibitions of this section and another provision of law. 11‑52‑609\. Illegal testing of marijuana and marijuana products; penalty. (a) Except as otherwise provided by law, no person shall test marijuana or marijuana products without being licensed under this chapter to cultivate or test marijuana or marijuana products for the purpose of satisfying any testing requirements under this chapter or any rules promulgated under this chapter. (b) A person who violates subsection (a) of this section is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine not greater than one thousand dollars (\$1,000.00), or both. 11‑52‑610\. Illegal sale or advertisement of marijuana paraphernalia; promotion to minors; penalties. (a) No person under twenty‑one (21) years of age shall possess marijuana paraphernalia. A person who violates this subsection shall be subject to a civil penalty not to exceed twenty‑five dollars (\$25.00). (b) No person shall sell, distribute or possess with the intent to sell or distribute marijuana paraphernalia to any person under twenty‑one (21) years of age. A person who violates this subsection is guilty of a felony punishable by imprisonment of not more than five (5) years, a fine not greater than two thousand five dollars (\$2,500.00), or both. (c) No person shall place any advertisement in any newspaper, magazine or other publication if the person knows or reasonably should have known that the purpose of the advertisement is to promote the sale of marijuana paraphernalia to persons under twenty‑one (21) years of age. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine not greater than one thousand dollars (\$1,000.00), or both. (d) No person shall knowingly sell, distribute or display for sale to a minor any book, periodical or other printed matter that he knows advertises for sale any instrument or device for advertised use in unlawfully ingesting, smoking, administering, preparing or growing marijuana. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine not greater than one thousand dollars (\$1,000.00), or both. 11‑52‑611\. Prohibited practices by licensee; penalty. (a) No licensee or any agent or employee of a licensee shall: (i) Cultivate, manufacture, transport, sell or test any retail marijuana or retail marijuana products of a kind other than that which the license or this chapter authorizes; (ii) Cultivate, manufacture, transport, sell or test any retail marijuana or retail marijuana products that the license authorizes him to cultivate, manufacture, transport or sell at any place other than the place authorized in the license or in any place that is not within an enclosed area that is secured in a manner that prevents access by persons not permitted by the licensee or agent or employee of the licensee to access; (iii) Cultivate, manufacture, sell or test any retail marijuana or retail marijuana products or display or sell any marijuana paraphernalia in any place that is visible from a public place outside of the marijuana establishment without the use of optical aids; (iv) Allow a person twenty‑one (21) years of age or younger to be employed by or volunteer for the licensee; or (v) Sell retail marijuana or retail marijuana products without ensuring that the tax required by W.S. 39‑24‑103 has been paid. (b) A person who violates subsection (a) of this section is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine not greater than one thousand dollars (\$1,000.00), or both. 11‑52‑612\. Prohibited practices by retail marijuana store licensees; penalty. (a) No retail marijuana store licensee or any agent or employee of a licensee shall: (i) Sell any retail marijuana or retail marijuana product in a manner other than what is authorized by the license or by this chapter; (ii) Sell more than the amounts permitted by W.S. 11‑52‑214 during a single transaction to one (1) person; (iii) Allow at the place described in his license the use or consumption of retail marijuana or retail marijuana products in violation of this chapter; (iv) Keep at the place described in the license any marijuana or marijuana products other than that which the licensee is licensed to sell; (v) Misrepresent any marijuana or marijuana product sold or offered for sale; (vi) Remove or obliterate any label or packaging affixed to any retail marijuana or retail marijuana products offered for sale; (vii) Sell any retail marijuana or retail marijuana products if the label or packaging has been removed or obliterated; (viii) Consume or allow the consumption by any employee of any marijuana or marijuana product while on duty and in a position that is involved in the selling of retail marijuana or retail marijuana products; (ix) Be intoxicated while on duty or allow an employee to perform his duties while intoxicated; or (x) Fail or refuse to make samples of any retail marijuana or retail marijuana product available to the board upon request. (b) A person who violates subsection (a) of this section is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine of not greater than seven hundred fifty dollars (\$750.00), or both. 11‑52‑613\. Illegal practices; penalty. A person who violates the labeling and packaging requirements of W.S. 11‑52‑403, the health and safety requirements of W.S. 11‑52‑405 or the advertising and marketing restrictions of W.S. 11‑52‑404 is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine of not greater than seven hundred fifty dollars (\$750.00), or both. 11‑52‑614\. Use, consumption or possession of marijuana or marijuana products in certain places prohibited; penalty. (a) No person shall use, consume or possess marijuana or marijuana products in or upon the grounds of: (i) A jail, state penal institution, the Wyoming boys' school or the Wyoming girls' school; or (ii) Any school building, facility or other school district property. (b) A person who violates subsection (a) of this section is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine not greater than one thousand dollars (\$1,000.00), or both. 11‑52‑615\. Separation of plant resin by butane extraction; penalty. (a) No person shall separate plant resin by butane extraction or another method that utilizes a substance with a flashpoint below one hundred degrees Fahrenheit (100° F) in any public place, motor vehicle or within the curtilage of any residential structure. (b) A person who violates subsection (a) of this section is guilty of a felony punishable by imprisonment of not more than twenty (20) years, a fine of not greater than twenty‑five thousand dollars (\$25,000.00), or both. 11‑52‑616\. Failure to keep, maintain and deliver required records; penalty. A person who fails or refuses to deliver, keep and preserve records, invoices and accounts as required by rule of the board or who fails or refuses to allow records, invoices and accounts or the place of business to be examined and inspected in accordance with board rules is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine not greater than one thousand dollars (\$1,000.00), or both. CHAPTER 24 RETAIL MARIJUANA TAXES 39‑24‑101\. Definitions; applicability. (a) As used in this article: (i) "Cash" means United States currency, certified bank checks or bank cashier's checks payable in United States currency; (ii) "Nontaxable entity" means a marijuana cultivation facility as defined by W.S. 11‑52‑101(a)(x), a marijuana manufacturing facility as defined by W.S. 11‑52‑101(a)(xii), a marijuana secure transporter as defined by W.S. 11‑52‑101(a)(xvi) and a marijuana testing facility as defined by W.S. 11‑52‑101(a)(xvii); (iii) "Sale" or "sell" means any exchange or transfer of title or possession within the state including installment credit and conditional sales to any other person for a consideration. (b) The definitions of W.S. 11‑52‑101 shall apply to this article, except that: (i) "Department" shall mean the department of revenue; (ii) "Licensee" shall not include any nontaxable entity for purposes of this article. 39‑24‑102\. Administration. There are no specific applicable provisions for administration for this article. 39‑24‑103\. Imposition. (a) Taxable event. The following event shall constitute a taxable event under this article. There is levied and shall be collected and paid to the department an excise tax at the rate imposed by W.S. 39‑24‑104 upon the sale price of retail marijuana and retail marijuana products sold by licensees. The tax imposed under this article shall be in addition to any other sales tax imposed under this title. (b) Taxpayer. The following taxpayers are liable for the tax imposed by this article. There is levied and shall be collected and paid to the department an excise tax at the rate imposed by W.S. 39‑24‑104 upon the sale price of retail marijuana and retail marijuana products sold by retail marijuana store and microbusiness licensees. 39‑24‑104\. Taxation rate. There is levied and shall be collected and paid to the department an excise tax at the rate of thirty percent (30%) upon the sale of retail marijuana and retail marijuana products sold by retail marijuana store and microbusiness licensees. 39‑24‑105\. Exemptions. (a) Sales of retail marijuana or retail marijuana products to any agency of the United States government, sales in interstate commerce or the taxation of any transaction prohibited by the United States constitution are exempted from the provisions of this article but shall be reported to the department in the manner prescribed by it. (b) The sales and use tax exemptions specified in W.S. 39‑15‑105 and 39‑16‑105 are not applicable to this article. 39‑24‑106\. Licensing; permits. Every retail marijuana store and microbusiness licensee who sells or offers to sell retail marijuana or retail marijuana products in this state shall have a license to do as required by W.S. 11‑52‑101 through 11‑52‑218\. 39‑24‑107\. Compliance; collection procedures. (a) Returns and reports. Notwithstanding title 11, chapter 52 of the Wyoming statutes, the following shall apply: (i) Each retail marijuana store and microbusiness licensee shall keep complete and accurate records of all retail marijuana and retail marijuana products purchased and sold for three (3) years. The records shall be in the form prescribed by the department and shall be available for inspection by the department at any reasonable time. The department may investigate and examine the stock of retail marijuana and retail marijuana products upon any premises where they are stored or sold; (ii) On or before the tenth day of each calendar quarter, every retail marijuana store and microbusiness licensee who, during the preceding calendar quarter, has acquired title to or possession of retail marijuana or retail marijuana products for use in this state, upon which products the tax imposed by W.S. 39‑24‑103(a) has not been paid, shall file a return with the department showing the quantity of such products so acquired. The return shall be made upon a form furnished and prescribed by the department and shall contain such other information as the department may require. (b) Payment. There is levied and shall be collected and paid to the department an excise tax at the rate imposed by W.S. 39‑24‑104 upon the sale price of all retail marijuana and retail marijuana products sold by retail marijuana store and microbusiness licensees. (c) Timelines. The following shall apply: (i) Not later than the twentieth day of the month after the end of a calendar quarter following the sale of retail marijuana or retail marijuana products, each retail marijuana store and microbusiness licensee shall return to the department the following information on forms furnished by the department: (A) The total amount, in dollars, of retail marijuana and retail marijuana products sold in each incorporated city and town; (B) The total amount, in dollars, of retail marijuana and retail marijuana products sold in each county outside the incorporated cities and towns; (C) Other information required by the department. (ii) The stamps, imprints or impressions required by W.S. 11‑52‑102(d) shall be affixed by the retail marijuana store and microbusiness licensee any time before the retail marijuana or retail marijuana products are transferred from his possession. 39‑24‑108\. Enforcement. (a) Audits. There are no specific applicable provisions for audits for this chapter. (b) Interest. There are no specific applicable provisions for interest for this chapter. (c) Penalties. The following shall apply: (i) Any package of retail marijuana or retail marijuana products found in this state without stamps, imprints or impressions affixed thereto as provided by this article is contraband goods and may be seized without a warrant by the department, with board approval, or any peace officer of this state when so directed by the department; (ii) The following acts are misdemeanors punishable by a fine of not more than one hundred dollars (\$100.00) or imprisonment in the county jail for not more than six (6) months or both: (A) Selling or distributing retail marijuana or retail marijuana products as a licensee without complying with the provisions of this article; (B) Selling, offering to sell, displaying for sale or possessing with intent to sell retail marijuana or retail marijuana products without proper stamps, imprints or impressions as required by W.S. 11‑52‑102(d); (C) Evading or aiding or abetting any person to evade the payment of the taxes imposed by this article; (D) Making any false or fraudulent return. (iii) Each act in violation of paragraphs (ii) and (vii) through (xi) of this subsection is a separate offense; (iv) The penalties specified in paragraphs (ii), (iii) and (vi) through (x) of this subsection are in addition to the provisions of paragraph (i) of this subsection and subsection (e) of this section; (v) Any person who purchases any retail marijuana or retail marijuana product for resale in this state from other than a licensee is liable for the tax and any penalties and interest imposed under this paragraph as if he were a licensee and shall pay an additional penalty of twenty‑five percent (25%) of any tax due. Any licensee or other person who fails to file any return or to pay any tax within the time required or permitted by this subsection shall be subject to a penalty of five percent (5%) of the amount of the tax due, plus one percent (1%) of the tax for each month of delinquency or fraction thereof. The department may waive all or any part of this penalty for good cause shown; (vi) Any person who does any act prohibited by this article, or omits, neglects or refuses to comply with any duty imposed upon him by this article, or causes not to be done any of the things required by this article, or does any act prohibited by this article, may, in addition to any other penalty provided by this article, be liable for a penalty of not to exceed one thousand dollars (\$1,000.00) or five (5) times the retail value of the retail marijuana or retail marijuana product at issue, whichever is lesser, to be recovered in a civil action; (vii) Any person who fails to pay any tax imposed by this article at the time prescribed by law or department rule or regulation may, in addition to any other penalty provided by this article, be liable for a penalty not to exceed five (5) times the tax due, but unpaid, to be recovered in a civil action; (viii) Any person who, with intent to defraud, fails to comply with any requirement of this article or regulation prescribed hereunder may, in addition to any other penalty provided in this article, for each such offense, be fined not to exceed ten thousand dollars (\$10,000.00), or be imprisoned for a term not to exceed one (1) year, or both; (ix) Notwithstanding any other provision of law, the sale or possession for sale of counterfeit retail marijuana or a retail marijuana product with the intent to defraud by any person or entity licensed under title 11, chapter 52 of the Wyoming statutes shall be punishable as provided in this paragraph. As used in this paragraph, "counterfeit retail marijuana or retail marijuana product" means retail marijuana or retail marijuana products that have a false manufacturing label or any package of retail marijuana or retail marijuana product that bears a counterfeit stamp. The following penalties shall apply: (A) A first violation may be punishable by a fine of not to exceed one thousand dollars (\$1,000.00) or five (5) times the retail value of the retail marijuana or retail marijuana products involved, whichever is less; (B) A subsequent violation may be punishable by a fine of not to exceed five thousand dollars (\$5,000.00) or five (5) times the retail value of the retail marijuana or retail marijuana involved, whichever is greater; (C) A first violation involving a total quantity of five (5) pounds of retail marijuana, twenty‑four (24) mature flowering female marijuana plants or sixty (60) grams of marijuana concentrate, or more, may be punishable by a fine of not to exceed two thousand dollars (\$2,000.00) or five (5) times the retail value of the retail marijuana and retail marijuana products involved, whichever is less; (D) A subsequent violation involving a quantity of five (5) pounds of retail marijuana, twenty‑four (24) mature flowering female marijuana plants or sixty (60) grams of marijuana concentrate, or more, shall be punishable by a fine of not to exceed fifty thousand dollars (\$50,000.00). (x) Any penalty collected under the provisions of this subsection shall be deposited in the public school fund of the appropriate county as required by article 7, section 5 of the Wyoming constitution. (d) Tax sales. Retail marijuana and retail marijuana products seized in accordance with paragraph (c)(i) of this section shall be sold by the department to a licensee to the best advantage of the state. Proceeds from the sale shall be remitted to the state treasurer for deposit into the general fund. The licensee purchasing the retail marijuana or retail marijuana product shall pay taxes as required by this article and affix stamps, imprints or impressions as required by W.S. 11‑52‑102(d) on retail marijuana or retail marijuana products so purchased. 39‑24‑109\. Taxpayer remedies. (a) Interpretation requests. There are no specific applicable provisions for interpretation requests for this chapter. (b) Appeals. There are no specific applicable provisions for appeals for this chapter. (c) Credits. There are no specific applicable provisions for credits for this chapter. (d) Redemption. There are no specific applicable provisions for redemption for this chapter. (e) Escrow. There are no specific applicable provisions for escrow for this chapter. 39‑24‑110\. Distribution. (a) Two‑thirds (2/3) of the taxes collected pursuant to W.S. 39‑24‑104 shall be distributed to the school foundation program account. (b) The remaining one‑third (1/3) of the taxes collected pursuant to W.S. 39‑24‑104 shall be distributed to incorporated cities and towns and to boards of county commissioners in the proportion the retail marijuana and retail marijuana product taxes derived from sales within each incorporated city or town or county bears to total retail marijuana and retail marijuana product taxes collected. The computation for the distribution shall be made by the department according to the monthly returns filed by the licensees. Section 2. W.S. 6‑5‑208, 6‑8‑104(b)(v)(B), 31‑5‑233(a)(ii) by creating a new subparagraph (D), 35‑7‑1002(a)(xiv) and (xxvii)(E)(intro), 35‑7‑1011(a)(intro), (d) and by creating a new subsection (g), 35‑7‑1031(c)(intro), 35‑7‑1037, 35‑7‑1038(b) and (c), 35‑7‑1040 and 35‑7‑1063(a) by creating a new paragraph (iv) are amended to read: 6‑5‑208\. Taking controlled substances, marijuana or liquor into jails, penal institutions or mental hospitals; penalties. Except as authorized by a person in charge, a person commits a felony punishable by imprisonment for not more than three (3) years, a fine of not more than three thousand dollars (\$3,000.00), or both, if that person takes or passes any controlled substance, marijuana or intoxicating liquor into a jail, a state penal institution, the Wyoming boys' school, Wyoming girls' school, a correctional facility operated by a private entity pursuant to W.S. 7‑22‑102 or the state hospital. 6‑8‑104\. Wearing or carrying concealed weapons; penalties; exceptions; permits. (b) The attorney general is authorized to issue permits to carry a concealed firearm to persons qualified as provided by this subsection. The attorney general shall promulgate rules necessary to carry out this section no later than October 1, 1994. Applications for a permit to carry a concealed firearm shall be made available and distributed by the division of criminal investigation and local law enforcement agencies. The permit shall be valid throughout the state for a period of five (5) years from the date of issuance. The permittee shall carry the permit, together with valid identification at all times when the permittee is carrying a concealed firearm and shall display both the permit and proper identification upon request of any peace officer. The attorney general through the division shall issue a permit to any person who: (v) Has not been: (B) Convicted of a felony violation of any of the felony offenses in title 11, chapter 52 of the Wyoming statutes, the Wyoming Controlled Substances Act of 1971, W.S. 35‑7‑1001 through 35‑7‑1057 or similar laws of any other state or the United States relating to controlled substances and has not been pardoned; or 31‑5‑233\. Driving or having control of vehicle while under influence of intoxicating liquor, marijuana or controlled substances; penalties. (a) As used in this section: (ii) "Controlled substance" includes: (D) Marijuana as defined by W.S. 35‑7‑1002(a)(xiv). 35‑7‑1002\. Definitions. (a) As used in this act: (xiv) "Marihuana" "Marijuana" means all parts of the plant of the genus Cannabis, whether growing or not; the seed thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination; (xxvii) "Drug paraphernalia" means all equipment, products and materials of any kind when used, advertised for use, intended for use or designed for use for manufacturing, converting, preparing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act and includes: (E) The following objects when used, advertised for use, intended for use or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil or any other controlled substance into the human body: 35‑7‑1011\. Control of substances. (a) The commissioner shall administer this act and with the advice of the advisory board established in W.S. 35‑7‑1005 may add substances to or delete or reschedule all substances enumerated in the schedules in W.S. 35‑7‑1014, 35‑7‑1016, 35‑7‑1018, 35‑7‑1020 and 35‑7‑1022 pursuant to the procedures of the Wyoming Administrative Procedure Act. This subsection shall not apply to the regulation, scheduling or rescheduling of marijuana, which shall be regulated pursuant to title 11, chapter 52 of the Wyoming statutes. In making a determination regarding a substance, the commissioner shall consider the following: (d) Except as provided by subsection (g) of this section, if any substance is designated, rescheduled, or deleted as a controlled substance under federal law the commissioner shall control the substance under this act in the same manner as federal law within thirty (30) days after receiving notice of the change but not later than thirty (30) days after the first publication of the change in the Federal Register. Under this subsection, the commissioner shall control the substance in the same manner as federal law through the promulgation of an emergency rule, followed by promulgation of a permanent rule under the Wyoming Administrative Procedure Act. If the commissioner objects to the designation, rescheduling or deletion of a substance, the commissioner shall within the same period required to control the substance publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the commissioner shall publish his decision which shall be final unless altered by statute. Upon publication of an objection to designation, rescheduling or deletion under this act by the commissioner, control under this act is stayed until the commissioner publishes his final decision. Any final decision that ultimately controls the substance under this act in the same manner as federal law shall be finalized through the promulgation of an emergency rule, followed by promulgation of a permanent rule under the Wyoming Administrative Procedure Act. (g) Marijuana shall not be scheduled or rescheduled under this article and shall be regulated as provided by title 11, chapter 52 of the Wyoming statutes. 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: 35‑7‑1037\. Probation and discharge of first offenders. Whenever any person who has not previously been convicted of any offense under this act or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under W.S. 35‑7‑1031(c) or 35‑7‑1033(a)(iii)(B), or pleads guilty to or is found guilty of using or being under the influence of a controlled substance under W.S. 35‑7‑1039, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. Any term of probation imposed under this section for a felony offense shall not exceed the maximum term of probation authorized under W.S. 7‑13‑302(b). Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under W.S. 35‑7‑1038\. There may be only one (1) discharge and dismissal under this section with respect to any person. This section shall not be construed to provide an exclusive procedure. Any other procedure provided by law relating to suspension of trial or probation, may be followed, in the discretion of the trial court. 35‑7‑1038\. Second or subsequent offenses; mandatory minimum penalty for certain subsequent offenses. (b) For purposes of subsection (a) of this section, an offense is a second or subsequent offense if, prior to his conviction of the offense, the offender has at any time been convicted under this act or under any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant, stimulant or hallucinogenic drugs. (c) This section shall not apply to offenses under W.S. 35‑7‑1031(c) or to offenses under title 11, chapter 52 of the Wyoming statutes. 35‑7‑1040\. Planting, cultivating or processing peyote or opium poppy. Any person who knowingly or intentionally plants, cultivates, harvests, dries, or processes any marihuana, peyote, or opium poppy except as otherwise provided by law shall be guilty of a misdemeanor and shall be punished by imprisonment not to exceed six (6) months in the county jail or by a fine not to exceed one thousand dollars (\$1,000.00), or both. 35‑7‑1063\. Exceptions to provisions. (a) The provisions and penalties of this chapter shall not apply to: (iv) The use, possession, sale, manufacture, cultivation and transportation of marijuana in accordance with title 11, chapter 52 of the Wyoming statutes. Section 3. W.S. 35‑7‑1002(a)(xxvii)(C), 35‑7‑1014(d)(xiii), 35‑7‑1018(h)(i) and 35‑7‑1049(r)(vi)(D)(I) are repealed. Section 4. Nothing in this act shall be construed to authorize or regulate the cultivation, manufacture, testing, use, sale or transport of marijuana that has been part of, operated in or otherwise connected to interstate commerce. Section 5. (a) Except as otherwise provided in this section, the state board of agriculture shall promulgate all rules necessary to implement the provisions of this act. (b) The department of revenue shall promulgate all rules necessary to implement the marijuana taxation provisions created in section 1 of this act. (c) The attorney general, as commissioner of drugs and substances control, shall promulgate all rules necessary to implement the provisions of section 1 in this act concerning the scheduling of marijuana as a controlled substance in Wyoming. Section 6. (a) Except as provided in subsection (b) of this section, this act is effective July 1, 2021. (b) Sections 4 through 6 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. (END) | | | | |---|---|---| | | 1 | HB0209 |