Wyoming Laws and Programs

Laws

Penalties regarding possession to deliver or manufacture or intent to deliver or manufacture include the following: methamphetamine or a narcotic in Schedule I or II can result in incarceration not to exceed 20 years and a fine not to exceed $20,000; other Schedule I, II, or III substances can yield imprisonment up to 10 years and a fine not to exceed $10,000; a Schedule IV substance conviction can result in not more than two years’ imprisonment and a fine up to $2,500; and a Schedule V substance conviction under this statute cannot [Page 865]result in a sentence of more than one year or a fine exceeding $1,000.

Sentences for simple possession include: not more than seven years and a fine up to $25,000 for methamphetamine or a Schedule I or II narcotic; Schedule I and II narcotic, not more than seven years with a fine to not exceed $10,000; a Schedule I, II, or III conviction can result in imprisonment of not more than five years and a fine up to $10,000; a Schedule IV sentence can include not more than two years and not more than $2,500, and conviction for a Schedule V substance could result in not more than one year's imprisonment and not more than $1,000. First-time offenders can have their sentence deferred and ultimately dismissed, upon completion of successful probation, at the discretion of the court. For lesser amounts (e.g., less than three grams of the substance in powder form), the sentence can be up to one year at initial offense and up to five years for third and subsequent offenses, with associated fines congruent with the particular classification of the drug. A sentence for possession of plant or process marijuana, peyote (except for bona fide religious purposes), or opium poppy can yield a six-month sentence and a $1,000 fine.

Someone convicted of being under the influence of a controlled substance can be sentenced for up to six months’ imprisonment and fined up to $750. A person over the age of 18 who distributes an illicit substance to someone three or more years his junior can be subject to twice the punishment and any illicit substance transaction within 500 feet of a school can result in a minimum of two years’ imprisonment. The selling of tobacco to a minor and minors caught possessing tobacco results in fines, community service, and, for the retailer, possible injunction against future sales of tobacco.

Wyoming also tracks prescriptions for Schedule II, III, and IV substances, as retail pharmacies are required to register this information with the Wyoming state board of pharmacy. Wyoming has also passed laws restricting the sale of key ingredients used to manufacture methamphetamine (i.e., ephedrine and pseudoephedrine products) by storing over-the-counter medication with these as active ingredients behind a counter or in a locked case and in the direct line of sight of store staff.

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