Struggle with marijuana edibles law continues for Wyoming Legislature

On Tuesday, the committee met in Sheridan to address the matter for the second time this year since a failed House bill died at the 11th hour of the 2017 session.

Rep. Charles Pelkey, D-Laramie, said he’s frustrated with the lack of progress on the matter. He said he is questioning whether it’s worth the Legislature’s time debating again in 2018.

“We’ve been discussing this for three years and haven’t gotten anywhere,” Pelkey said. “It’s demonstrative of the futility of trying to regulate something that’s quite legal in some states and totally illegal in others. It’s frustrating to the committee, it’s frustrating to those who want harsher punishments, and it’s frustrating for those of us who want lesser punishments. I don’t see any prospect for change to the law.”

A complicated array of considerations has inhibited reforming laws for several reasons. For one, punishment for marijuana possession is in-part determined by weight. When it comes to edibles, it can be hard to determine how much of marijuana’s intoxicating agent, THC, is present in products such as brownies. While a marijuana-infused brownie might weigh 3 ounces or more – enough to constitute felony possession in plant form – some lawmakers are concerned about dealing out felonies for a product with an undetermined THC amount in it. Current state statute stipulates that all cutting agents, including products such as butter or flour used in baking, count toward the drug’s weight.

But some edibles might include a high amount of THC. Other concentrate products, such as hash oil, inherently have high THC amounts. Many lawmakers think those factors should constitute a felony in certain cases. Furthermore, some lawmakers have expressed concerns that the forms some edibles come in, such as gummies, make them particularly dangerous because they could appeal to young children.

Crime lab testing for THC concentration in edibles remains a challenge for Wyoming law enforcement and courts when dealing out punishments for the products. The confusion has led courts to tossing out felony edible possession cases. Now, lawmakers are struggling to find where to find common ground that addresses the concerns on all sides.

House committee chairman Rep. Dan Kirkbride, R-Chugwater, said he’s not sure any progress can be made on figuring out fair punishments until technology changes that.

“We’re almost at an impasse until the measurement technology evolves to the point where there’s accurate testing available in a widespread manner,” he said. “Until that time, there are going to be those concerned about individual rights that won’t pass a bill that would land someone in jail unfairly.”

A draft bill debated by the Judiciary Committee on Tuesday again called for making possession of 8 ounces a felony, but an amendment was passed that took the amount back down to 3 ounces.

Pelkey said it seemed like the same push-and-pull he’s seen in the past.

“To quote the great (New York Yankees catcher) Yogi Berra: ‘It seems like déjà vu all over again,’” he said.

But Sen. Tara Nethercott, R-Cheyenne, said she’s more optimistic about the possibility of passing a bill in 2018. She said she thinks it’s imperative the Legislature answer the calls of courts and law enforcement to fill a void in the state’s laws as soon as possible. While she acknowledged it’s a daunting task, Nethercott said she thinks the committee could put forth a passable bill. Where it goes from there, however, would be up to her fellow lawmakers.

 “We are hearing the concerns from the criminal justice community, law enforcement and courts, so we are committed to bringing forth a bill for the Legislature to continue to consider,” she said. “How it gets amended and its ultimate success is anyone’s guess. … I don’t think it’s at an impasse at all. I think there are a lot of big questions that need to be answered and a lot of big policy decisions that need to be made, but I think we’re close. The fact the committee has worked on this for years is actually helpful.”

The committee is expected to vote on a bill during its November meeting. Kirkbride said he thinks it’s likely whatever is put forward would run into the same complicating matters once it reaches the Legislature. However, he said a bill is still probably coming for lawmakers to consider in 2018.

“It will keep coming up – I almost think something’s likely to come up every session,” he said. “But our chances of succeeding, I don’t know if they’re real strong.”