edible marijuana

Bob Beck

The issue of making edible marijuana a felony is still alive...for now. The House Judiciary Committee voted to advance a heavily amended bill that is much different than the Senate version. 

The problem is that some judges won’t sentence someone for a felony of procession of edible marijuana. John Knepper of the Wyoming Attorney General’s office says they are starting to see serious problems with edible marijuana in the state.

Miles Bryan

Four years ago a judge ruled that Wyoming’s drug laws only deal with plant forms of marijuana which means that people with large amounts of edible marijuana could not face felony charges. Law enforcement agencies have asked the legislature to address the matter, but it’s been a tough battle. As Wyoming Public Radio’s Bob Beck reports neither side has been willing to budge. 

In Wyoming, pot is illegal. Not so in neighboring Colorado, where recreational marijuana is available in a variety of different forms.

Miles Bryan

  

Last year a couple of Wyoming judges ruled that state law does not have specific penalties for marijuana-laced edibles. Wyoming law enforcement officials say that ever since Colorado legalized marijuana they are seeing more of it than ever before and so lawmakers tried and failed to address the issue during the recent legislative session. The main problem was that lawmakers got hung up on how much edible marijuana constitutes a felony and the bill died.

A bill that would have clarified how edible marijuana possession would be handled in the courts has died. That's after it failed to come up for debate on the final day to discuss bills in the House. 

The Senate had passed a bill that would have made possessing three ounces of marijuana-infused edibles a felony, but the House reduced that to a misdemeanor.  

Jennifer Martin

A Wyoming legislative committee has voted to make possession of edible marijuana a misdemeanor and will require prosecutors to determine how much marijuana is actually in the candy, drink, or other products. 

The House Judiciary committee changed the Senate version of the bill that had said possession of three ounces of edible marijuana was a felony. Laramie Democrat Charles Pelkey said the focus will now be on the amount of marijuana in the edible.

After more debate over whether they are going too far, the Wyoming Senate gave final approval to a bill that makes marijuana laced food and drink a felony if someone has over three ounces in their possession. 

Senators clarified what a constitutes a felony and rejected amendments to require prosecutors to prove that the amount of marijuana in the edible exceeds three ounces. Laramie Democrat Chris Rothfuss said  it’s not difficult to measure such things, but Senate Judiciary Chairman Leland Christensen said the Wyoming Crime lab does not currently have that ability.  

The Wyoming Senate has amended a bill that would have made possession of three ounces of edible marijuana a felony.

Fearing that was too severe, the Senate changed the bill to say that three convictions in three years would equal a felony. But the first offense would be a low misdemeanor with a fine up to $300 and eight days in jail, while the second offense would equal up to 30 days in jail and a thousand dollar fine.  

Casper Republican Bill Landen favored making it a low misdemeanor on a first offense.

Despite concerns that they could be making felons out of too many people, the State Senate gave initial approval to a bill that would make three ounces of marijuana-infused edibles felony. 

The legislature is clarifying the edible marijuana law after a judge ruled that there is no way of knowing whether there is enough marijuana in an edible to warrant a felony conviction. The bill says three ounces is the weight of the entire product.
 
Gillette Republican Michael Von Flatern says people could be convicted of a felony for a minimal amount of marijuana.

Bob Beck / Wyoming Public Radio

A Wyoming Senate Committee has decided that possession of three ounces or more of marijuana-laced food or drink should equal a felony.  

Some judges in the state have ruled that current Wyoming law does not criminalize marijuana-laced products, the legislation would fix that. 

While the state doesn’t have the ability to test the level of the psychoactive chemical THC in edible marijuana, Byron Oedekoven of the Wyoming Association of Sheriffs and Chiefs of Police says most marijuana edibles they see are strictly labeled. 

A Pound Of Marijuana Edibles Could Be A Felony

Nov 5, 2015

How many marijuana edibles will put you in a Wyoming prison? Lawmakers meeting in Cody Wednesday answered that question. 

The Joint Judiciary Interim Committee is trying to address the popular use of edible marijuana and how much of it qualifies for a felony. They worked on a bill specifying the weight for the prosecution of edibles containing marijuana. This includes chocolate bars, cookies, and even gummy bears.

The President of the Wyoming Association of Chiefs of Police Shane Johnson told them edibles can be dangerous.

Wikimedia Commons

Judges and attorneys are concerned about how to prosecute possession of edible marijuana products in Wyoming. Under current law, the entire edible, like a cookie or a lollipop is weighed and those in possession of more than three ounces of any marijuana-infused product can be charged with a felony

The Legislature’s Joint Judiciary Committee is tackling the issue over several meetings after hearing concerns during the last legislative session. Senator Leland Christensen chairs that committee and says the Wyoming Controlled Substances Act is too vague on edibles.