A Former Prosecutor Defending Clients in Wyoming and South Dakota

Wyoming Criminal Defense Against Marijuana Possession Charges

Despite a nation-wide trend towards legalization, Wyoming still classifies marijuana as a controlled substance. If you were arrested and charged with possession of marijuana in Wyoming, you face serious penalties. But an experienced criminal defense attorney can help.

Christina L. Williams and her team of criminal defense professionals at Just Criminal Law will thoroughly investigate your case and work hard to have the charges reduced or even have the case dismissed.

Criminal Charges for Possession of Marijuana

Wyoming continues to take a hard line regarding marijuana possession cases. If you are convicted of possession of marijuana, you face serious penalties that include hefty fines and jail time.

  • If you are arrested while you are under the influence of marijuana (not limited to while you are driving), you face misdemeanor charges punishable by up to 6 months in jail and a fine of up to $750.
  • Possession of less than 3 oz. of marijuana is a misdemeanor, punishable by up to 12 months in jail and a fine of up to $1,000.
  • Possession of more than 3 ounces of marijuana is a felony that may result in up to 5 years in prison and a fine of up to $10,000.
  • Possession of marijuana with intent to distribute is a felony punishable by up to 10 years in prison, a fine of up to $10,000, or both.
  • If you are caught in possession of marijuana within 500 feet of a school, you face the penalties above plus an additional $500 fine.
  • If you are in possession of drug paraphernalia, such as a pipe with marijuana residue, you face up to 6 months in jail and a fine of up to $750.

Possession Versus Possession with Intent to Distribute

There is a significant difference between charges of marijuana possession and possession with intent to distribute.

If you have been charged with simple possession, prosecutors and judges will perceive you as a drug user. They will be more likely to sentence you with fines and treatment programs.

If you have been charged with possession with intent to distribute, judges are more likely to see you as a drug dealer and will be more likely to punish you with a longer prison sentence and hefty fines.

Whether you will be charged with possession or possession with intent to distribute will depend on the circumstances of your case, including the amount of marijuana in your possession, and whether you are also found in possession of distribution supplies such as scales and baggies. To try to prove possession with intent to distribute, law enforcement may also seize and investigate your cell phone, looking for text messages showing that you are dealing as opposed to just using.

Defenses Against Charges of Marijuana Possession

If you have been charged with marijuana possession, either for personal use or possession with intent to distribute, there are defenses that your criminal defense attorney can raise.

The Drugs Are Not Yours

A common defense to a criminal charge is to claim you didn’t do it. In a case of marijuana possession, saying you didn’t do it often means claiming that drugs aren’t yours. This defense is particularly useful if you were in a car with other people when you were arrested and charged with marijuana possession, or if the marijuana was found in a house or apartment that you share with other people.

Illegal Search and Seizure

Search and seizure issues are common in marijuana possession cases. The Fourth Amendment guarantees the right to due process of law, and the right to be free from illegal searches and seizures. If police officers lacked probable cause to believe you had committed a crime, or illegally searched your vehicle or residence, your criminal defense attorney may be able to have evidence that was found excluded from the trial.

Prove That It Is Marijuana

Police and prosecutors must prove that the drugs that were found in your possession are, in fact, marijuana. Just because a substance looks like marijuana does not always mean that it is. To prove that the substance is actually marijuana, prosecutors will need to call a crime lab analyst to testify. Prosecutors must also establish a chain of custody, proving that the substance taken from you at the time of your arrest is the same one that was tested.

Experienced, Aggressive Defense Against Charges of Marijuana Possession

Wyoming takes marijuana possession cases seriously. If you are convicted, you could face serious penalties. But Christina L. Williams and her team of criminal defense professionals can help.

Learn more about our drug crime defense practice, why clients choose us, and the communities we serve. Then contact us today to schedule a confidential personalized case review and strategy session.

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.

Categories: Marijuana

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