A Former Prosecutor Defending Clients in Wyoming and South Dakota
Under WY Stat 35-7-1031 it is “unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.”
A “controlled substance” is any drug or substance included in Schedules I through V.
Wyoming has designated the Wyoming Attorney General the “Commissioner of Drugs and Substance Control” under WY Stat 35-7-1003.
To be included on drug Schedules I through V the Commissioner evaluates the following factors:
Drugs that qualify for Schedule I have a high potential for abuse and little to no accepted medical use for treatment in the United States, or lack accepted safety for use in treatment under medical supervision. WY Stat 35-7-1013.
Drugs listed in Schedule V have a low potential for abuse, are currently accepted for medical use in the United States, and have limited physical or psychological dependence. WY Stat 35-7-1021.
Penalties for the manufacture, delivery, or possession of controlled substances can be as high as 20 years in prison, a fine of up to $25,000, or both for Methamphetamine or other Schedule I or II narcotic drugs. WY Stat 35-7-1031(a)(i)
Many of the controlled substances listed on Schedules I through V are prescription drugs and can only be dispensed with the written or electronic prescription of a practitioner. WY Stat 35-7-1030
Possession of small amounts of some recreational drugs are misdemeanors, punishable by up to 1 year in jail and a fine of up to $1,000. These substances include:
Convictions for “a third or subsequent offense..., including convictions for violations of similar laws in other jurisdictions…[are punishable by] a term of not more than five (5) years, [a fine] of not more than $5,000, or both. WY Stat 35-7-1031(c)(i)
People in possession of a controlled substance listed in:
For purposes of determining the weight of the controlled substance, weights include the weight of the controlled substances and the weight of any carrier element, cutting agent, diluting agent or any other substance excluding packaging material. WY Stat 35-7-1031(d)
Multiple offenders. People with multiple drug offenses face a prison term up to twice the term otherwise authorized by statute, a fine of up to twice that authorized, or both. WY Stat 35-7-1038.
First time offenders. People who have not been convicted of any other drug crimes are eligible for deferred proceedings and to be placed on probation subject to specific terms and conditions. If the terms and conditions are met, the case will be discharged and dismissed without a finding of guilt. A person is eligible for one discharge and dismissal under this section. WY Stat 35-7-1037
Under the influence. People who knowingly or intentionally use or are under the influence of a controlled substance listed in Schedules I, II, or III without the supervision and direction of a licensed practitioner are subject to a punishment of up to 6 months in jail, a fine of up to $750, or both. WY Stat 35-7-1039.
Distribution to a Minor. It is illegal to distribute controlled substances to people under 18 who is at least 3 years younger than the distributor. Distribution to a minor is punishable by the fine set forth in 35-7-1031(a)(i) and a term of imprisonment of twice that authorized in WY Stat 35-7-1031(a). WY Stat 35-7-1036
If you or someone you care about has been charged with the manufacture, delivery, or possession of controlled substances in Wyoming, an experienced criminal defense lawyer can help.
At Just Criminal Law, my team of criminal defense professionals is here to help protect your one shot at justice. We will thoroughly investigate the charges against you, challenge the manner in which the evidence was obtained, and work hard to have the charges against you reduced, have the case dismissed, to negotiate a plea deal.
We know that the best way to negotiate a favorable plea bargain is to aggressively challenge the evidence against you, and to build a strong case for a Not Guilty verdict. And with the consequences of a drug crime conviction so high, there is no time to waste in getting a team of experienced, aggressive legal representatives on your side.
DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.