The draft bill that passed the Wyoming legislature's Joint Judiciary
Committee on Wednesday in a 7-6 vote would also make it a
misdemeanor to possess such items as pot-infused brownies, candy and
other goodies weighing less than a pound.
The proposal, to be introduced in the Wyoming legislature at a
budget session in February, was crafted in response to the dismissal
by at least two state judges of cases tied to pot edibles, said
state Senator Michael Von Flatern, a committee member.
The judges found that while state law makes it a felony to have
three ounces of the leafy form of pot, it does not specifically
criminalize marijuana-laced edibles.
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It is the latest response by Wyoming lawmakers to challenges they
say stem from Colorado's legalization of recreational pot for
adults, some of whom carry weed to Wyoming, particularly in the
southeast corner where an interstate highway connects the capital of
Cheyenne to Denver.
"We're dealing with a new reality and trying to adapt laws to what
we see happening," said Von Flatern. The Republican from Gillette
voted in favor of the measure.
Von Flatern said the committee was divided over how one could
measure the concentration of the psychoactive component in
marijuana, THC, in edible products.
Concerns were raised, he said, over whether someone caught with a
pot brownie or cake weighing more than one pound could potentially
possess an item with less THC than a person found with candy that
could weigh less but be more potent.
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"We realize it's somewhat arbitrary, but we needed to take a stab at
it," the state senator said.
Wyoming is not the only conservative state to complain of fall-out
from approval by Colorado voters in 2012 of a ballot measure
allowing recreational pot.
Neighboring Nebraska and Oklahoma challenged Colorado's recreational
marijuana laws in the U.S. Supreme Court in December amid complaints
its pot was seeping across their borders. Colorado has vowed to
defend its laws.
In May, the top U.S. court asked President Barack Obama's
administration for its views on the lawsuit.
(Reporting by Laura Zuckerman in Salmon, Idaho; Editing by Daniel
Wallis and Sandra Maler)
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