Is Possession of CDS a Felony in Wyoming?

cds drug possession

If law enforcement catches you with a drug that’s considered a controlled dangerous substance (CDS), you should learn as soon as possible what criminal liability you could incur. Yes, possession of a CDS can be a felony in Wyoming, but not for every instance of possession. The specific details of your case matter.

What Is a CDS Drug?

Wyoming penalizes the possession of CDS drugs under Title 35 of the Wyoming Statutes Annotated beginning in Wyo. Stat. Ann. §35-7-1011. Title 35 regulates Schedules I, II, III, IV, and V of controlled substances.

Criminal penalties are possible in many possession cases, but not all possession cases are subject to a felony charge. The potential for a felony charge depends on the nature of the CDS drug you’re carrying. 

Schedule I CDS

A Schedule I CDS drug has two defining characteristics:

  • There is a high potential that individuals will abuse the substance; and
  • The substance has no accepted use for medical treatment.

Schedule I CDS drugs can take many forms including:

  • Opiates, 
  • Opium derivatives,
  • Hallucinogens,
  • Depressants,
  • Stimulants, and 
  • Certain substances subject to emergency scheduling. 

You can find a more detailed list of all the specific substances and chemical compounds that are under Schedule I by checking Wyoming Statute Section 35-7-1014. 

Schedule II CDS

If a drug has the following characteristics, Wyoming law classifies it as a Schedule II CDS drug:

  • High potential for abuse;
  • Currently accepted medical treatment use in the United States (including severely restricted medical use); and
  • Potential for abuse to cause severe psychic or physical dependence. 

The categories of drugs that are Schedule II include:

  • Opium (synthetic or natural);
  • Opiates;
  • Stimulants;
  • Depressants;
  • Immediate precursors to amphetamine, methamphetamine, and phencyclidine (PCP); and
  • Hallucinogens.

For a more comprehensive list of Schedule II substances, look to Wyoming Statute Section 35-7-1016. 

Schedule III CDS

Wyoming law places a substance on the Schedule III list if it has:

  • Abuse potential that is less than Schedules I and II;
  • Currently accepted medical treatment use in the United States; and
  • Abuse potential that may lead to high psychological dependence or low to moderate physical dependence.

Schedule III substances can take many forms including:

  • Stimulants,
  • Depressants,
  • Anabolic steroids, and 
  • Hallucinogens.

A complete list of the substances under Schedule III is in Wyoming Statute Section 35-7-1018. 

Schedule IV CDS

Schedule IV drugs have three defining characteristics:

  • Potential for abuse that is low in relation to Schedule III CDS drugs;
  • Currently accepted medical treatment use in the United States; and 
  • Potential for abuse to cause limited physical or psychological dependence (in relation to Schedule III substances).

Schedule IV drugs include:

  • Narcotics,
  • Depressants,
  • Fenfluramine,
  • Stimulants, and 
  • Other specific substances listed under Wyoming Statute Section 35-7-1020(f).

Wyoming Statute Section 35-7-1020 lists all the substances that are Schedule IV substances.

Schedule V CDS

Wyoming law defines Schedule V drugs as substances that have:

  • Low potential for abuse in relation to Schedule IV substances;
  • Currently accepted medical treatment use in the United States; and
  • Limited potential to cause physical or psychological dependence, relative to Schedule IV substances.

Schedule V drugs include:

  • Narcotics,
  • Stimulants, and
  • Depressants.

You can find a more detailed list of Schedule V substances under Wyoming Statute Section 35-7-1022. 

What Is Possession of CDS?

Possession of CDS is possession of substances on Schedules I, II, III, IV, and V. Depending on the type and weight of the substance you carry, you could be subject to heavier or lighter charges and penalties.

With any CDS charges for possession, the weight of your substance does not include the packaging. However, it does include the weight of carrier elements, cutting agents, diluting agents, and any other substances. 

Misdemeanor Charges for Possession of CDS

If you understand what qualifies as a misdemeanor charge for possession of CDS you will have a better understanding of what constitutes a felony. Possession subject to misdemeanor charges includes:

  • Possession of three ounces of a controlled substance in plant form;
  • Possession of 3/10 of a gram of LSD or a controlled substance in liquid form;
  • Possession of three grams of a controlled substance in powder, crystalline, pill, or capsule form; or
  • Possession of 5/10 of a gram of crack cocaine.

A misdemeanor charge means that your jail sentence can be no longer than 12 months, and your fine cannot exceed $1,000. 

Felony Charges for Possession of CDS

There are many circumstances that can subject you to a felony charge for possession of CDS, and there are different levels of penalties a felony conviction can yield. You could be subject to a felony charge and conviction if you possess:

  • Methamphetamine or a narcotic on Schedule I or II in an amount greater than those subject to misdemeanor charges (seven-year maximum prison sentence, $15,000 maximum fine); 
  • A substance from Schedule I, II, or III in an amount greater than those subject to misdemeanor charges (five-year maximum prison sentence, $10,000 maximum fine); or
  • A substance from Schedule II in an amount greater than those subject to misdemeanor charges (two-year maximum prison sentence, $2,500 maximum fine).

Between Schedules I, II, III, IV, and V, there are over 200 separate substances and/or chemical compounds that the law lists and categorizes. If law enforcement caught you with a CDS, you should speak with an attorney immediately.

You need an experienced professional to defend you against criminal penalties and to ensure that any charges filed against you do not exceed the categories provided for in the law. 

Speak with an Attorney to Defend Your Freedom

The attorneys at Cowboy Country Criminal Defense are fierce defenders of your rights and do not want you to be bullied by the system. We are tenacious and strategic when we fight for you and we want to give your story a voice in court. Contact us online for an empowering advocate. 

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