Drug Charges

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 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 –

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.

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. 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 a gram of LSD. Penalties for Higher Quantity Drug Possession in Wyoming If…