How Wyoming Classifies Drug Possession
According to Wyo. Stat. § 35-7-1031 says that in Wyoming, the schedule of the drug determines how serious the crime of having a controlled substance is. If you are caught with Schedule I or II drugs, which include methamphetamine, heroin, cocaine, fentanyl, and marijuana concentrates, you could go to prison for up to seven years and pay fines of up to $15,000. In Wyoming, marijuana in plant form has lower penalties, but it is still illegal for any reason.
People who bought marijuana legally in Colorado or Montana and drove it into Wyoming are always coming to court here. Wyoming is surrounded by states where marijuana is legal. There is no legal exception for legal-state purchases. Any marijuana in Wyoming is illegal, and THC concentrates and edibles are punished more severely than marijuana in plant form.
The Fourth Amendment and Drug Possession Cases
Most drug possession cases start with a traffic stop or a search. The most important question for the defense is whether that stop and search were constitutional. Was there a good reason to stop? Did the officer’s questioning make the stop last longer than it should have? Did the person really agree to the search, and was that agreement valid? Did you need a warrant, and did you get one? If the evidence was obtained in a way that violated your Fourth Amendment rights, it may not be allowed in court. Without the drugs, most possession cases fall apart.
How We Defend Drug Possession Cases in Wyoming
We look at every drug possession case to see if there are any problems with suppression. Next, we look at the chain of custody, which is how the evidence was handled from the time it was taken until it got to the lab. Were the procedures for laboratory testing done correctly and recorded? And constructive possession – if drugs are found in a shared space, can the prosecution really prove they were yours? These are the defense strategies we use in every case.
Penalty Grid
| Schedule I/II Possession | Maximum Fine | Marijuana Concentrate | Record |
| Up to 7 years | Up to $15,000 | Felony | Permanent felony |
Related Charges We Also Defend
Why Clients in Wyoming and South Dakota Choose Just Criminal Law
Our attorneys spent years working for the state before switching sides. We know exactly how prosecutors build cases and exactly where to find the holes.
We do not split our focus between practice areas. Every attorney, every resource, every minute is focused on one thing: your criminal defense.
We know the courts, the judges, and the prosecutors across Wyoming and western South Dakota. Local familiarity shapes strategy and strategy shapes outcomes.
Servicios de traduccion en espanol disponibles. Every client fully understands their case, their options, and their rights.
Real Results for Wyoming & South Dakota Clients
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OtherSuppression Appeal — Wyoming Supreme CourtDistrict Court denied motion to suppress. Wyoming Supreme Court accepted certiorari on appeal.
Barney v. State of Wyoming — Wyoming Supreme Court
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CASE DISMISSEDReckless Endangering / Domestic Battery / Child Endangering — Wyoming
Client charged with reckless endangering, domestic battery, and child endangering. All charges dismissed.
State v. Quezada-Lopez — Wyoming Circuit Court
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CASE DISMISSEDDUI / DWUI — Wyoming
Client charged with DUI. State unable to lay foundation for the breath test. Case dismissed.
State v. Von Olnhausen — Wyoming Circuit Court
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CASE DISMISSEDFelony Child Abuse — Wyoming
Client charged with accessory after the fact and aggravated child abuse — a felony. State unable to meet its burden of proof at preliminary hearing. Felony count dismissed.
State v. Bullinger — Wyoming District Court
Charged with a crime in Wyoming? Time is critical.
The sooner you have an attorney, the more options you have.
What Clients Say About Just Criminal Law
Frequently asked questions about drug possession in Wyoming
Wyoming Criminal Defense — Communities We Serve
We are based in Gillette, Wyoming, and serve clients across the state and into western South Dakota. Our team knows the local courts, prosecutors, and judges in every community we serve — and that local knowledge makes a real difference in criminal defense.
- Deadwood
- Sturgis (Rally)
- Custer County
- Lawrence County
- Meade County
- Pennington County
We provide on-call criminal defense for Rally-related arrests including DUI, drug charges, weapons offenses, and assault. Call us 24/7 during Rally week.
