How Do I Fight a WY Possession with Attempt to Distribute Charge?
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 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 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 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 drugs are substances with a lower potential for abuse than Schedule III drugs. Schedule IV drugs include Xanax, Valium, Klonopin, and Soma.
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.
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.
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.
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