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Wyoming Drug Laws|Criminal Law - Students' Attorney - ASUW

Wyoming Drug Laws: Possession

 

In the state of Wyoming it is illegal to possess a controlled substance (unless the substance was obtained with a valid prescription). Medical marijuana is not legal in Wyoming, so if you have a Colorado marijuana card or a card from any other state that has legalized medical marijuana, it is still illegal to possess marijuana in Wyoming even if you brought it into Wyoming from the other state. If you are caught with any controlled substance listed in Schedules I-V of the Wyoming Controlled Substances Act (see statutes below), whether you will be charged with a misdemeanor or felony drug offense will depend upon, among other things, how much of a particular substance you have in your possession.

 

If you have in your possession:

No more than three (3) ounces of a controlled substance in plant form; or

No more than three-tenths (3/10) of a gram of a controlled substance in liquid form; or

No more than three (3) grams of a controlled substance in powder or crystalline form; or

No more than three (3) grams of a controlled substance in a pill or capsule form; or

No more than five-tenths (5/10) of a gram of a controlled substance in the form of cocaine-based "crack" cocaine; or

No more than three-tenths (3/10) of a gram of LSD

 

then you will most likely be charged with misdemeanor possession of a controlled substance punishable by imprisonment for not more than twelve (12) months, a fine of not more than $1000.00 or both for a first offense.  Any person convicted of a third or subsequent offense for possession of the amounts listed above, is facing a fine of up to $5000.00, imprisonment of up to five years or both.

If you are found with a controlled substance, classified in Schedule I, II, III, or IV in an amount greater than listed above, you can be charged with a felony punishable by prison time and fines that will depend on what controlled substance you had in your possession.  The prison time can go as high as 7 years and the fines can go up to $15,000.00 for a first offense for having in your possession meth or a controlled substance which is a narcotic drug in an amount greater than listed above.

 

Wyoming Drug Laws:  Unlawful Manufacture or Delivery and Unlawful Possession with Intent to Deliver

 

It is unlawful in Wyoming to manufacture, deliver, or possess with intent to deliver, any controlled or counterfeit substance.  The penalties for a first offense under this law can go as high as a fine of $25,000.00 and prison time of up to 20 years.  The most severe penalties are reserved for offenders who manufacture, deliver or possess with intent to deliver meth or Schedule I or II narcotic drugs.  Schedule I controlled substances are those that have a high potential for abuse and have no accepted medical use in treatment in the United States or lack of accepted safety for use in treatment under medical supervision.  In Wyoming marijuana is a Schedule I drug.  Schedule II drugs are those that have a high potential for abuse and do have currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions and abuse of the substance may lead to severe psychic or physical dependency.  Codeine, morphine and oxycodone are examples of Schedule II drugs as listed in the Wyoming schedules.

 

Wyoming Drug Laws:  First offender

 

Wyoming has a very specific law that states that defendants who have been charged with misdemeanor possession of a controlled substance and who are first time offenders may be placed on probation under various terms and conditions set by the court.  If the offender does not violate any term or condition of probation, he or she may be discharged by the court and the case can be dismissed with no record of a conviction.  If the defendant violates a term or condition, however, the court can under a judgment of guilt and the person will have a conviction on his or her record.  This particular law applies only to the misdemeanor crime of possession, but it is within the discretion of the court to consider similar types of dispositions for other drug offenses.

 

Wyoming Drug Laws: Under the Influence

 

Any person who is caught using or under the influence of a controlled substance (Schedule I, II, or III) is guilty of a misdemeanor and punishable by up to 6 months in a county jail, a fine up to $750, or both.

 

Wyoming Drug Laws: Miscellaneous

 

It is illegal to plant, cultivate, harvest, dry, or process marijuana, peyote, or opium poppy.

It is legal to deliver, possess or use peyote in natural form, when delivered, possessed or used for bona fide religious sacramental purposes by members of the Native American Church of Wyoming.

It is illegal to unlawfully sell, furnish, transport, administer, or give any controlled substance to any person or offer or arrange to do the same and then substitute another substance in lieu of the controlled substance.

It is illegal to deliver, or possess with the intent to deliver, any drug paraphernalia (punishable by up to 6 months in jail, a fine up to $750, or both).

Delivery of drug paraphernalia to a minor is punishable by up to 5 years in prison, a fine up to $2,500, or both.

 

For more information and specific statutes:

 

W.S. § 35-7-1014: Substances included in Schedule I.

W.S. § 35-7-1016: Substances included in Schedule II.

W.S. § 35-7-1018: Substances included in Schedule III.

W.S. § 35-7-1020: Substances included in Schedule IV.

W.S. § 35-7-1022: Substances included in Schedule V.

W.S. § 35-7-1031: Unlawful manufacture or delivery; counterfeit substance;unlawful possession.

W.S. § 35-7-1032: Certain unlawful acts particularly applicable to registrants.

W.S. § 35-7-1033: Unlawful acts; distribution; registration; possession; records; counterfeiting; punishment.

W.S. § 35-7-1037: Probation and discharge of first offenders.

W.S. § 35-7-1038: Second or subsequent offenses; mandatory minimum penalty for certain subsequent offenses.

W.S. § 35-7-1039: Person using or under influence of controlled substance.

W.S. § 35-7-1040: Planting, cultivating or processing marihuana, peyote or opium poppy.

W.S. § 35-7-1041: Distribution of liquid, substance or material in lieu of controlled substance.

W.S. § 35-7-1056: Delivery of, or possession with intent to deliver, drug paraphernalia.

W.S. § 35-7-1057: Delivery of drug paraphernalia to a minor.


Spring 2012 SAP extern Emily Thomas, a University of Wyoming Law student, wrote this section while under the supervision of the Students' Attorney Program. 

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