A legal loophole has been found in Wyoming’s marijuana laws that are currently trying to be closed. Recently, a case dismissed a man caught with enough marijuana to be prosecuted under a felony. The loophole states that it is only a felony to contain the plant form of marijuana. Steven Sharpe’s decision was finalized on July 29th. The discussion, however, remained a topic afterwards as they try to figure out how to change this law. Another judge, Catherine Rodgers, said that before the committee she must consider Sharpe’s decision when cases are brought into her court.

“I have concerns about these cases based on the rationale in my colleague’s decision letter,” she said. “But every case is always going to be weighed on the facts, and the testimony that is presented to the court, in that case, and also in the way that is charged.”

Here’s how it happened: a motorist had been pulled over for a simple traffic violation. The trooper that pulled him over smelled marijuana and began to search his vehicle. As a result, almost two pounds of marijuana was found in candy forms (chocolate, cookies, etc). The law in Wyoming, however, states that over three ounces of marijuana in plant form is a felony. The defendant stated that after reading the law, prosecutors may only charge someone under a felony if the marijuana is in plant form and exceeds three ounces. The case has been filed as a misdemeanor in circuit court by Attorney Jeremiah Sandburg.

“State courts have decided differently on edibles, and until the state Supreme Court rules or if the law changes, there will be varying opinions,” Sandburg said.

The Joint Judiciary Committee is talking about a suggestion that would require cops and prosecutors to consider the entirely edible, including other ingredients when deciding the amount of marijuana in an edible. Possession of over three ounces of any form of marijuana will be considered an edible with a sentence of up to five years in jail, and a $5,000 bail, according to drafts. Discussions over this bill will be discussed in November.

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