Drug offenses are some of the most common criminal cases in Wyoming. A conviction for a drug crime can result in a broad range of criminal and collateral consequences. Many of these have a major impact on your life. Even if you are able to avoid the most serious consequences of a drug conviction, you may be wondering if the conviction may still have a lifelong impact on certain rights, including your right to own a gun. Under Wyoming law, a drug possession or drug paraphernalia charge or conviction will not prevent you from owning a gun. However, other convictions may restrict your ability to own a gun. Wyoming Gun Laws Gun ownership is not only common in Wyoming—it’s a part of the state’s history. As a result, Wyoming is known as a gun-friendly state. Compared to many other states, Wyoming imposes few restrictions on a person’s ability to purchase, own, and use a firearm. However, Wyoming’s gun laws are far less favorable for those who have certain convictions on their drug charge record. To carry a concealed weapon, you must have a concealed carry permit. Failure to obtain a permit can result in misdemeanor charges carrying up to six months in jail and a fine of up to $750, or both. However, Wyoming is a “shall issue” state. This means that when you apply for a concealed carry permit, the state must honor your request, assuming you qualify and there is no reason for denial. This makes Wyoming gun laws among the most favorable in the nation for prospective gun owners. Can You Have a Gun if You Have a Drug Possession Charge? Despite the state’s relatively lax gun laws, Wyoming prevents people who have certain convictions from purchasing or owning a gun. Under Wyoming Statutes section 6-8-102, anyone who has a conviction for a “violent felony” cannot own a gun. Similarly, if you have a conviction for assaulting or attempting to assault a police officer you cannot legally own a gun. The punishment for using or knowingly possessing a gun in this situation is a jail sentence of up to three years and a fine of up to $5,000, or both. In most situations, a drug possession charge is not considered a violent crime. Thus, a drug possession charge would not prevent you from owning a gun under Wyoming law. However, there are situations in which a drug conviction may result in you being ineligible to own a gun under federal law. Federal Gun Laws for Those With a Drug Possession Charge When it comes to the interaction between state and federal law, federal law provides a “floor,” and states, for the most part, are able to provide additional protections to residents. However, they cannot provide fewer protections. This is exactly the case in Wyoming because, under federal law, it is illegal for anyone “who is an unlawful user of or addicted to any controlled substance” to own a gun. This means that under federal law, you may not be able to legally own a gun if you have a drug conviction or are currently a drug user. However, Wyoming laws do not contain the same restriction and only limit people with certain violent felony convictions from owning a gun. The Bottom Line While there is a federal law prohibiting drug users from owning or using a gun, this particular law is challenging to enforce. In part, this is because there is a difference between having a drug possession conviction and being an active user. In other words, just having a drug possession charge on your record will not disqualify you. Instead, the government would need to show that you were an active drug user. The result is that, in practice, prosecutions of this type are rare. That said, if you are on probation for a drug offense, the judge may restrict your right to own or use firearms as a condition of probation. Thus, while you would not be ineligible to own a gun forever, it could impact your gun ownership rights while you are on probation. Are You Facing Wyoming Drug or Gun Charges? Both gun and drug charges are taken very seriously in Wyoming. If you are charged with a Wyoming gun crime or drug offense, reach out to Cowboy Country Criminal Defense. Our experienced team of lawyers has extensive experience protecting our clients’ rights, including their Second Amendment right to bear arms. We understand the importance of gun ownership and do everything possible to preserve your rights, regardless of the allegations. To learn more, and to schedule a free consultation with a Wyoming criminal defense lawyer, call 307-333-7884 today. You can also reach us through our online form, and one of our attorneys will reach out to you shortly.
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; andThe 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); andPotential 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); andHallucinogens. 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; andAbuse 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; andLimited potential to cause physical or psychological dependence, relative to Schedule IV substances. Schedule V drugs include: Narcotics,Stimulants, andDepressants. 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; orPossession 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); orA 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.
Reduce the Chances Your Child Will Suffer Harsh Consequences Under Wyoming Drinking Laws By Seeking Counsel Right Away Any time police charge a minor with a crime, the potential exists to ruin the child’s life. Minor in possession charges, or MIP, is no different. It would be easy to dismiss MIP charges because consuming alcohol as a minor is considered by some as a right of passage, especially on college campuses. Wyoming prosecutors disagree. They fight to impose tough sanctions on underage drinkers under Wyoming’s MIP drinking laws. MIP charges involve a broad spectrum of criminal offenses under Wyoming’s alcohol laws that could carry significant consequences for your child. Avoiding the harshest MIP consequences should be your primary concern. Accordingly, you must retain the services of a dedicated and knowledgeable Wyoming criminal defense lawyer to help keep your child from enduring life-long fallout as a result of a simple, albeit familiar, mistake. What Are Wyoming’s MIP Laws? Wyoming drinking laws set the state’s legal drinking age at 21. Until a person reaches 21 years of age, Wyoming alcohol law prohibits: Purchasing, or attempting to purchase, alcohol or malt liquor;Asking or soliciting another person to purchase alcohol or malt liquor;Possessing any alcoholic drink or malt liquor;Consuming any ethyl alcohol;Having any amount of alcohol in their body measured by blood, breath, or urine; orEntering or remaining in an establishment that primarily serves alcohol without the accompaniment of a parent or guardian who is 21 or older. Wyoming’s MIP alcohol laws do not distinguish between having alcohol in public versus drinking in a private home. Wyoming’s MIP drinking laws are strict, but the law includes exceptions to its zero-tolerance policy. State laws do not prohibit an underage person from drinking alcohol provided by a parent, taken during a religious service, or prescribed by a physician with a parent’s consent. Additionally, people under 21 may serve alcohol if 18 or older or deliver alcohol as part of their job. MIP Consequences After a Conviction Any person convicted of MIP or a related offense under Wyoming drinking laws is guilty of a misdemeanor. Anyone who falsifies an identification card or other identification issued by the government is also subject to misdemeanor sanctions. The maximum penalty for a misdemeanor conviction is six months in jail along with a fine of not more than $750. Additionally, a judge could order the person charged to attend alcohol treatment or counseling. The judge could order your child to be on probation and to perform community service as well. Additional MIP Consequences The MIP consequences extend beyond those imposed by a judge. Even a misdemeanor conviction could have severe repercussions. A conviction for a misdemeanor in Wyoming could restrict your child’s future opportunities. Your child must disclose convictions on college and job applications. Getting a good education and successfully entering the workforce is difficult enough without a MIP conviction on your child’s record. Also, a conviction for MIP remains on your child’s record. That means if they face additional criminal charges in the future, the court will consider MIP as a first offense. Accordingly, the judge might not give your child another break in the future. Underage Drinking and Driving Wyoming law punishes a person under 21 years of age for driving a motor vehicle with a blood, urine, or breath alcohol content of 0.02% or greater. The law reflects Wyoming’s zero-tolerance policy against underage drinking. The maximum penalty for this offense is a $750 fine for the first offense. The penalties increase with subsequent offenses. The offender may serve up to one month in jail for a second offense within one year of the first offense. A third offense within two years of the first offense could result in a six-month jail sentence. The judge could also place the offender on probation for up to three years and order substance abuse counseling. The state must suspend the driver license of a person convicted for underage drinking and driving. Moreover, the judge may order the person to install an interlocking ignition device in their car as part of their sentence. A person under 21 convicted of DUI, rather than underage drinking and driving, faces even stiffer consequences. Police can charge a person under 21 with DUI if the driver has a BAC of 0.08% or drove unsafely because of alcohol consumption. The judge could sentence your child to no more than six months in jail and a $750 fine and compel them to attend substance abuse counseling. How Much Is a MIP? The cost of defending MIP charges depends on the facts of each case. Some cases might be easier to defend than others. One thing is sure: the cost of defending your child now pales compared to the potential cost of your child having a criminal record for a MIP conviction. Trying to resolve the case without experienced and knowledgeable criminal defense counsel by your child’s side could prove to be a huge mistake. Do not compound your child’s error by thinking you can take care of this problem without consulting a seasoned attorney first. Avoiding MIP Consequences Begins By Contacting Us Today Contact attorney Jeremy Hugus and his winning defense team with Cowboy Country Criminal Defense right away if your child faces MIP charges. Jeremy and his staff will immediately strategize a defense for your child to help them avoid MIP consequences. Call Jeremy Hugus and Cowboy Country Criminal Defense today at 307-333-7884.
Like many states, Wyoming has strict penalties for possessing and distributing marijuana. Wyoming marijuana laws also apply to other forms of marijuana such as hash and concentrate. Unlike other states, Wyoming marijuana laws prohibit the exception for medical marijuana. Additionally, the state can charge you with DUI for driving while under the influence of marijuana. This charge carries the same penalties as driving while under the influence of alcohol. If you face a marijuana-related charge in Wyoming, you should contact a criminal defense lawyer today. Wyoming Marijuana Laws: Possession There are four types of marijuana possession crimes in Wyoming. 1. Under the Influence Being under the influence of marijuana at any time is a misdemeanor in Wyoming. This charge results in a jail sentence of up to six months, a fine up to $750, or both. 2. Possession of Less Than Three Ounces Possession of less than three ounces of marijuana is also a misdemeanor. It carries with it a penalty of up to 12 months in jail, up to a $1,000 fine, or both. 3. Possession of More Than Three Ounces However, possession of more than three ounces of marijuana is a felony. This charge results in a penalty of up to five years in prison, up to a $10,000 fine, or both. 4. Possession Within 500 Feet of a School Additionally, if you possess marijuana within 500 feet of a school, your fine increases by $500. This rule applies to all forms of marijuana possession crimes. Wyoming Weed Laws: Distribution In Wyoming, the sale or distribution of any amount of marijuana is a felony. Selling or distributing marijuana carries a prison sentence of up to 10 years, a fine up to $10,000, or both. Paraphernalia Possession of marijuana paraphernalia is usually a separate charge from possession or distribution. Examples of paraphernalia include: Pipes, Scales, Papers, andMarijuana residue. In Wyoming, possession of marijuana paraphernalia carries a penalty of up to six months in jail, up to a $750 fine, or both. Other Forms of Marijuana Other common forms of marijuana include concentrate and hash. These forms of marijuana can be mixed into foods and drinks or consumed through a vaporizer or e-cigarette. In Wyoming, the penalties for possession of marijuana concentrate and hash depend on the amount of marijuana in the food, drink, vaporizer, or e-cigarette. Possession of .3 grams or less is a misdemeanor that carries a penalty of up to 12 months in jail, up to a $1,000 fine, or both. Possession of more than .3 grams is a felony with a punishment of up to five years in prison, up to a $10,000 fine, or both. How Can a Criminal Defense Lawyer Help You? A criminal defense lawyer can help you understand Wyoming marijuana laws and how they apply to you. Additionally, a lawyer can defend you in court if the state charges you with a marijuana offense. If you’ve been charged with violating marijuana laws in Wyoming, Jeremy Hugus at Cowboy Country Criminal Defense can fight for your freedom. Jeremy believes in his clients from the start and will keep you informed throughout the entire criminal justice process. Contact Jeremy today to schedule your consultation.
In Wyoming, a possession with attempt to distribute charge is a serious matter that demands a fight. Possession with an attempt to distribute means you are charged with possessing illegal drugs with the intent to sell them to another person. If you were arrested with a substantial amount of a drug, distribution supplies, or manufacturing equipment, you could be subject to this charge. A Wyoming drug possession defense attorney can fight your charge by challenging the constitutionality of the police officer’s search or whether you actually knew you were in possession of drugs. At Cowboy Country Criminal Defense, we will fight to overcome the negative appearances of your situation, complicated drug laws, severe penalties, and the State’s legal interpretations that come with possession with attempt to distribute charge. Possession Versus Possession with Attempt to Distribute The difference between receiving a possession charge and receiving a possession with intent to distribute charge is significant. Police officers, prosecutors, and judges see people charged with drug possession as drug users. Judges typically believe that the best way to penalize a drug user is through treatment programs instead of severe prison sentences or fines. However, judges, prosecutors, and police officers see someone with drug possession with intent to distribute charge as a drug dealer. A drug dealer consists of anyone in the distribution chain. This includes the manufacturer, transporter, delivery person, and seller. Drug dealers face more severe punishment in the form of long prison sentences and heavy fines. The type, weight, and size of the drugs you possess are key factors judges use to determine your penalty. Wyoming Drug Laws Wyoming has some of the toughest drug laws in the United States for possession with intent to distribute. Wyoming classifies different types of drugs into five schedules. The classifications are based on whether the drugs are accepted for medical use and their likelihood of abuse. Each schedule carries with it different levels of punishment. Schedule I Schedule I substances are drugs with no accepted medical use, have a high potential for abuse, and are unsafe. Examples of schedule I drugs include heroin, marijuana, LSD, and ecstasy. Schedule II Schedule II drugs are substances that also have a high potential for abuse and are highly addictive. Examples of schedule II drugs include cocaine, methamphetamine, amphetamine (Adderall), OxyContin, opium, methadone, morphine, and Percocet. Schedule III Schedule III drugs are substances with a lower potential for abuse, but that can still be moderate to highly addictive. Examples of schedule II drugs include Vicodin, Tylenol/Codeine, and anabolic steroids. Schedule IV Schedule IV drugs are substances with a lower potential for abuse than Schedule III drugs. Schedule IV drugs include Xanax, Valium, Klonopin, and Soma. Schedule V Schedule V drugs are drugs that contain a limited quantity of narcotics. Cough syrups that contain Codeine are an example. Penalties for the Distribution of Drugs in Wyoming The penalties for the possession of drugs with intent to distribute are more severe than possession charges alone. The sale of narcotics or counterfeit substances is an important consideration when evaluating your potential penalty. Narcotics The sale of narcotics carries increased penalties. Called opioids today, narcotics are substances that dull and relieve pain. Narcotics include opium, opium derivatives, and semi-synthetic substitute drugs. Examples of modern narcotic drugs are heroin, OxyContin, Vicodin, Codeine, methadone, morphine, and fentanyl. Counterfeit Substances The sale of counterfeit substances also carries increased penalties. A counterfeit substance is a drug with a label that falsely states the manufacturer. Penalty for Possession with Intent to Distribute The penalty for possession with intent to distribute drugs in Wyoming depends on the classification of the drug. A prison sentence up to 20 years, a fine up to $25,000, or both is the punishment if you are charged with distributing: Schedule I and II controlled substances classified as narcotics, Methamphetamine, or Schedule I and II counterfeit substances. If you are charged with distributing any other substance classified in schedule I, II, or III, your penalty is a prison sentence up to 10 years, a fine up to $10,000, or both. A prison sentence up to 2 years, a fine up to $2,500, or both is the penalty if you are charged with distributing any drug classified in schedule IV. If you are charged with distributing any drug classified in schedule V, your penalty is a prison sentence up to 1 year, a fine up to $1,000, or both. How the State Decides Whether to Charge You as a User or a Dealer The surrounding circumstances of your arrest are the primary factors the State will use to determine whether you should be charged as a drug dealer or drug user. For instance, if you have drug manufacturing equipment, scales, or baggies, you are more likely to receive a possession with intent to distribute charges. Text messages in your phone that describe various drug deals also point to a charge as a drug dealer. However, if you do not have any of these types of items with you at the time of your arrest, the State will look at the quantity of drugs that you have. If you have a substantial quantity of the drug with you, a prosecutor is more likely to charge you as a drug dealer instead of a drug user. What You Should Consider To best fight your possession with intent to distribute charge, you should take all of these factors into consideration. At Cowboy Country Criminal Defense, we will aggressively fight your possession with intent to distribute charges to help you regain your freedom. Contact us today to schedule a free consultation. Check Out Our Blog –
Public attitudes around drugs are in flux. In many states, advocates are pushing to decriminalize marijuana use and possession while maintaining a strong prohibition on other controlled substances, like heroin or cocaine. Depending upon the type of substance and the amount, a conviction for possession of illegal drugs could result in a substantial term of imprisonment and a significant monetary fine. Moreover, a conviction for drug possession may be either a misdemeanor or felony offense, which will remain on your criminal record. Even when you have completed your sentence, a criminal record for drug possession in Wyoming may prevent you from being eligible for certain jobs, lines of credit, and even rental houses. In Wyoming, however, marijuana use and possession are still crimes, so you can be arrested and sentenced if you are caught. Needless to say, possession of other drugs are also crimes under Wyoming drug laws. If you have been picked up for breaking a drug law, you need an attorney by your side. Contact Cowboy County Criminal Defense today. Speaking to a drug charge attorney in Wyoming can help layout your options and work on your case immediately. The following information will provide you with more information about the charges you may be facing. Tell us about your drug possession below – your information will remain confidential. Wyoming Drug Laws General Information Wyoming Drug Laws: Manufacture, Delivery, & Possession with Intent to Deliver Wyoming drug possession laws (WY Stat. §§ 35-7-1014 through 35-7-1022) are serious, and it is important for anyone facing possession of illegal drug charges to begin working with an experienced Wyoming drug crime defense lawyer as soon as possible. You can find the main drug law at § 35-7-1031, which is a very detailed statute. Section (a) makes it a crime to manufacture, deliver, or possess with the intent to manufacture or deliver controlled substances. You can find what substances are controlled (meaning regulated) by looking at certain schedules that list them. If caught with methamphetamine or narcotic listed in Schedule I or II, you can be imprisoned for up to 20 years and fined up to $25,000, or both, if convicted.If caught with a Schedule I, II, or III controlled substance, then a conviction can send you to prison for 10 years and cost you $10,000 in fines.If caught with a Schedule IV drug, then a conviction can lead to up to 2 years in prison, a fine of $2,5000, or both.If caught with a Schedule V drug, then a conviction can result in a year in jail, a fine of $1,000, or both. Wyoming Drug Possession Lawyer Helping with Your Defense Wyoming also makes it a crime to manufacture, deliver, or possess a counterfeit substance. Penalties are similar to those listed above. Understanding Types of Drug Classifications in Wyoming In Wyoming, drug possession laws change in severity based on the classification of the particular type of drug. Wyoming drug possession laws classify substances into five different “Schedules,” or Schedule I through Schedule V. The following is specific information about the different types of schedules: Schedule I: These substances do not have any accepted medical use, are considered unsafe, and also considered to have a high potential for drug abuse. Substances that are classified as Schedule I drugs include but are not limited to marijuana, LSD, ecstasy, and heroin.Schedule II: These substances are different types of narcotics and other stimulants that, like Schedule I substances, have a high potential for drug abuse. These substances also are known to cause dependence. Examples of Schedule II drugs include but are not limited to OxyContin, Percocet, methadone, and methamphetamine.Schedule III: Schedule III substances can lead to psychological or physical dependence in some circumstances, but are often considered to be lower-risk than Schedule I and Schedule II drugs. Examples include Tylenol with codeine and Vicodin. People routinely possess these drugs legally with a prescription.Schedule IV: This classification of substances includes those that can pose some risk, but the risk is lower than any of the above substances in Schedules I, II, or III. Examples of Schedule IV drugs include but are not limited to Xanax, Valium, and Ativan. These drugs routinely are possessed legally with a prescription.Schedule V: These substances have the lowest potential for abuse. Examples might include cough syrup with codeine. Wyoming Drug Laws – Possession Information Wyoming Drug Laws: Possession If you were caught possessing a controlled substance but did not have an intent to deliver it, then you face a different range of punishments, which you can find in WY Stat. § 35-7-1031(c). The punishment depends on the substance and the amount, along with whether this was your first offense. For example, being caught with more than 3 ounces of marijuana will be a misdemeanor punishable by imprisonment of up to 12 months and a fine of $1,000, or both. If you are caught with LSD, you can have no more than 3/10 of a gram or else you will be punished with a misdemeanor. Repeat offenders face harsher penalties. For example, if you have three or more convictions for marijuana possession, then you face up to 5 years in prison, a $5,000 fine, or both. Repeat convictions for possessing other controlled substances can bring even harsher penalties. Penalties for Drug Possession Under Wyoming Law: Lower Quantities Wyoming law distinguishes between lower and higher quantities of controlled substances in a person’s possession when determining the potential penalties upon conviction. In general, if you are convicted of possessing a low quantity of drugs, you can still face jail time and a high monetary fine. The following low-quantity possession amounts can result in a sentence of up to one year in jail and/or a fine of up to $1,000: 3 oz or less of a plant form-controlled substance (such as marijuana);3/10 of a gram or less of a liquid form-controlled substance;3 grams or less of a powder, crystalline, pill, or capsule form of a controlled substance;Under 5/10 of a gram of crack cocaine; andUnder 3/10 of…
When you are facing charges for possession of a controlled substance in the state of Wyoming, it is important to keep in mind that Wyoming drug possession laws are very strict. If you are convicted of a drug possession charge, you are likely to face time in jail, as well as a monetary fine. Wyoming Drug Crimes Defense Attorney Helping with Possession Charges The sentencing for a drug possession conviction depends on a number of different factors, including the amount of the drug in your possession, the type of drug, and whether the charges included possession with intent to manufacture or deliver a substance. An experienced drug possession defense attorney in Wyoming can begin working on your case to help you avoid the consequences of a conviction. Sentencing Penalties for a Wyoming Drug Possession Offense It is unlawful to possess a controlled substance in Wyoming without a valid prescription for the drug. Even if a drug is lawful with a valid prescription, you can still face serious consequences if you are in possession of a controlled substance without a medical prescription from a healthcare provider. Controlled substances in Wyoming are classified into one of the following categories: Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V. Under Wyoming law (WY Stat. § 35-7-1031), the following are possible penalties for a drug possession conviction with a small amount of a controlled substance: Possession of a small amount of a Schedule I, II, III, or IV controlled substance can result in a fine of up to $1,000, a jail term of up to one year, or both;Subsequent offenses can result in a term of up to 5 years in prison, a monetary fine of up to $5,000, or both. A small amount of a controlled substance is defined as: Three ounces or less in plant form;Three-tenths of a gram or less in liquid form;Three grams or less in powder or crystalline form;Three grams or less in pill or capsule form;Less than five-tenths of a gram of crack cocaine; andLess than three-tenths of a gram of LSD. Possession of greater than the quantities listed above, but not including possession charges with intent to manufacture or deliver, can result in the following consequences: Up to 10 years in prison and a fine of up to $10,000 for possession of a Schedule I, II, or III controlled substance;Up to 2 years in prison and a fine of up to $2,500 for possession of a Schedule IV controlled substance; andUp to 1 year in jail and a fine of up to $1,000 for a Schedule V substance. What is the Difference Between Possession and Intent to Manufacture or Deliver When a person is charged with possession of a controlled substance and there is a significant amount of the drug, that person may be charged with possession with intent to manufacture or deliver. This is a more serious charge than mere possession and comes with additional consequences. Penalties for possession with intent to manufacture or deliver can include: Up to 20 years in prison and a fine of up to $25,000 for possession of methamphetamine or a Schedule I or Schedule II controlled substance that is a narcotic drug;Up to 10 years in prison and a fine of up to $10,000 for Schedule I, II, or III controlled substances not included in the above category;Up to 2 years in prison and a fine of up to $2,500 for a Schedule IV controlled substance; andUp to 1 year in prison and a fine of up to $1,000 for a Schedule V drug. There are also similar penalties for possession with intent to deliver a counterfeit substance. Consequences Beyond Your Wyoming Drug Possession Sentence In addition to possession of a controlled substance misdemeanor or a felony offense for drug possession and the resulting sentence, there are additional consequences that you may not be considering. For example, if you are convicted of a crime, that conviction will remain part of your criminal record. You will need to disclose that information when you apply for numerous types of jobs and when you seek approval for a home or apartment rental. In some instances where you are seeking credit, such as student loans, you can be denied credit because of a criminal record. In other words, the consequences of a drug possession conviction go far beyond the immediate terms of the sentence. You can also be denied the right to own a firearm in certain cases where you have been convicted of a felony offense. You May Be Able to Lessen the Consequences of Your Wyoming Possession Charge With the help of an experienced Wyoming criminal defense lawyer, you may be able to have your charges reduced or enter into a diversionary program to avoid having a criminal record. It is important to speak with a Wyoming drug possession defense lawyer about the potential consequences of a drug possession conviction and to learn about ways to mitigate the consequences. A criminal defense attorney at our firm can speak with you today. Contact Cowboy Country Criminal Defense today to get started on your case with an aggressive Wyoming drug possession defense lawyer.