CHAPTER 51 - HEMP PRODUCTION
 
11-51-101.  Definitions.
 
(a)  As used in this chapter:
 
(i)  "Corrective action plan" means a plan the department develops in consultation with a licensee to correct any violation of this chapter;
 
(ii)  "Disposal" means activities to alter or treat hemp or hemp products that contain an amount of THC in excess of the amount authorized in this chapter to ensure that the THC is reduced to bring the hemp or hemp product into compliance with this chapter or, if compliance is not attainable, that the THC is rendered inaccessible;
 
(iii)  "Hemp" or "hemp product" means all parts, seeds and varieties of the plant cannabis sativa l., whether growing or not, or a product, derivative, extract, cannabinoid, isomer, acid, salt or salt of isomer made from that plant with a THC concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis when using post-decarboxylation or another similarly reliable testing method;
 
(iv)  "Licensee" means a person licensed under this chapter to produce, process or test hemp;
 
(v)  "Produce" means all acts necessary to produce and market hemp including, without limitation, planting, cultivating, harvesting, cloning, producing seeds, handling, transporting and selling;
 
(vi)  "Process" means converting hemp into another product that contains no more than three-tenths of one percent (0.3%) THC on a dry weight basis when using post-decarboxylation or another similarly reliable testing method;
 
(vii)  "THC" means tetrahydrocannabinol, the psychoactive component of the cannabis plant, with the scientific name trans-delta 9-tetrahydrocannabinol.
 
11-51-102.  Hemp as agricultural crop; use of hemp.
 
(a)  Hemp is an agricultural crop in this state. Upon meeting the requirements of this chapter, a person may produce or process hemp.
 
(b)  Notwithstanding the requirements of this chapter, the possession, purchase, sale, transportation and use of hemp and hemp products by any person is allowable without restriction.
 
11-51-103.  Licensing.
 
(a)  No person shall produce or process hemp unless the person has obtained a license from the department on a form provided by the department.
 
(b)  The application for a license under this section shall include:
 
(i)  The name and address of the applicant;
 
(ii)  The physical address and legal description of all land and property where the production or processing will occur;
 
(iii)  A statement that the applicant has not been convicted of or pled nolo contendre to a controlled substance felony within the past ten (10) years, or in the event the applicant is not an individual, a statement that no member, principal, officer or director of the applicant has been convicted of or pled nolo contendre to a controlled substance felony;
 
(iv)  Authorization for reasonable access by the department for inspections and verifications related to production or processing activities for which a licensee shall be assessed fees under W.S. 11-51-104(a); and
 
(v)  Verification that the applicant is a business entity organized under the laws of Wyoming or a Wyoming resident, as defined by rule of the department.
 
(c)  The department shall issue a license, or renewal thereof, which is valid for one (1) year if:
 
(i)  The requirements of subsection (b) of this section are met including that the applicant has not been convicted of or pled nolo contendre to a controlled substance felony within the past ten (10) years; and
 
(ii)  Seven hundred fifty dollars ($750.00) is received for each annual license or renewal application. This fee shall be reduced to five hundred dollars ($500.00) for a nonprofit or educational organization.
 
(d)  Licenses under this section may authorize producing hemp and processing hemp products at more than one (1) location for the same licensee.
 
(e)  Any person possessing hemp or hemp products only for the purpose of testing THC levels may, but shall not be required to, obtain a license under this chapter.
 
11-51-104.  Enforcement; fees; penalties.
 
(a)  The department shall perform inspections and provide chemical sampling and analysis of production or processing activities by licensees to determine compliance with this chapter. The department may require verification of effective disposal by licensees of hemp or hemp products that contain in excess of three-tenths of one percent (0.3%) THC on a dry weight basis. For any sample, analysis or verification conducted under this subsection, the department shall assess the licensee fees as established by rule of the department, not to exceed the following:
 
(i)  Two hundred dollars ($200.00) per sample conducted by the department;
 
(ii)  Two hundred dollars ($200.00) per analysis conducted by the department;
 
(iii)  Two hundred fifty dollars ($250.00) for verification of effective disposal of hemp or hemp products that contain in excess of three-tenths of one percent (0.3%) THC on a dry weight basis.
 
(b)  Any licensee who violates any provision of this chapter or any regulation promulgated pursuant to this chapter shall be subject to a corrective action plan. The corrective action plan may include reporting requirements, additional inspections, suspension of a license, steps necessary to restore a license, requirements related to disposal of hemp or hemp products that contain in excess of three-tenths of one percent (0.3%) THC on a dry weight basis or providing notice of the violation to the licensee's known creditors. The plan may require rendering THC inaccessible by using hemp or hemp products as a soil amendment material or by destruction of the hemp or hemp product as authorized by rule of the department.
 
(c)  Any person who intentionally violates this chapter is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
 
(d)  If any person has three (3) or more violations of this chapter or any regulation promulgated pursuant to this chapter within five (5) years, the department shall revoke the license and the person shall be ineligible for licensure under this article for five (5) years.
 
11-51-105.  Rules; agreements; research activities.
 
(a)  The department shall adopt rules necessary to implement the provisions of this chapter.
 
(b)  The department may enter into agreements with tribal governments related to hemp production and the processing of hemp products.
 
(c)  The department, the University of Wyoming and Wyoming community colleges may produce or process hemp for research purposes.
 
11-51-106.  Disposition of fees.
 
All fees collected under this chapter shall be deposited with the state treasurer in a separate account which is continuously appropriated to the department for the administration of this chapter.
 
11-51-107.  Exception if this chapter is not implemented.
 
Nothing in this chapter shall preclude any person from applying for and receiving authorization to produce and process hemp from another authorized entity if the department does not receive authority to do so or is otherwise not implementing this chapter.