HB0191

Establishes civil penalties for marijuana possession within specified amounts, decriminalizes marijuana use, removes marijuana paraphernalia as a crime, and amends related drug offense provisions.

• Creates a civil penalty of up to $100 for possession of marijuana in specified amounts: three ounces or less of plant form, 16 ounces or less of solid products, 72 ounces or less of liquid products, or 30 grams or less of concentrated forms. (W.S. 35-7-1031(c)(vi), Sec. 1)
• Removes criminal penalties for using or being under the influence of marijuana, making marijuana use no longer a crime. (W.S. 35-7-1039, Sec. 1)
• Excludes marijuana and marijuana paraphernalia from the definition of drug paraphernalia, eliminating criminal penalties for possession of marijuana paraphernalia. (W.S. 35-7-1002(a)(xxvii), Sec. 1, Sec. 2)
• Establishes criminal penalties for marijuana possession exceeding civil penalty thresholds: felony charges for plant form over three ounces, solid products over 16 ounces, liquid products over 72 ounces, or concentrated forms over 30 grams. (W.S. 35-7-1031(c)(G) and (H), Sec. 1)
• Redefines second or subsequent drug offenses to exclude convictions related to marijuana possession or use when determining sentencing enhancement eligibility. (W.S. 35-7-1038(b), Sec. 1)
• Modifies the first offender probation and discharge provision to apply to marijuana possession cases under the new civil penalty framework. (W.S. 35-7-1037, Sec. 1)
• Creates criminal penalties for cultivating or processing marijuana in amounts exceeding the civil penalty thresholds or any other controlled substances like peyote or opium poppy. (W.S. 35-7-1040, Sec. 1)
• Requires the Attorney General to adopt rules implementing the act by July 1, 2025. (Sec. 3)

Effective: July 1, 2025

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