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Wyoming Marijuana Law, Regulation, Penalties, Attornies & Congressman

Wyoming Marijuana Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

Persons under the influence Misdemeanor 6 months $ 750
3 oz or less Misdemeanor 12 months $ 1,000
More than 3 oz Felony 5 years $ 10,000
Within 500 feet of a school is punishable by an additional $500 fine.

Sale or Distribution

Any amount Felony 10 years $ 10,000

Cultivation

Any amount Misdemeanor 6 months $ 1,000

Hash & Concentrates

0.3 g liquid or less Misdemeanor 12 months $ 1,000
More than 0.3 g liquid Felony 5 years $ 10,000

Paraphernalia

Possession of paraphernalia not classified 6 months $ 750

Penalty Details

See

  • Wyoming Controlled Substances Act, Wyo. Stat. Ann. § 35-7-1001 through 1057 (2014)

Possession

Any person using or under the influences marijuana is subject to a misdemeanor punishable by a maximum of 6 months imprisonment and a maximum fine of $750, or both.

See

  • Wyo. Stat. Ann. § 35-7-1039

Possession of three ounces or less is a misdemeanor punishable by no more than 12 months imprisonment and a maximum fine of $1,000, or both.

See

  • Wyo. Stat. Ann. § 35-7-1031 (2014)

Possession of more than 3 ounces is a felony punishable by a maximum of 5 years imprisonment and a maximum $10,000 fine, or both.

See

  • Wyo. Stat. Ann. § 35-7-1031 (2014)

Sale or Distribution

Sale of any amount is a felony punishable by a maximum of 10 years imprisonment and a maximum fine of $10,000 or both.

See

  • Wyo. Stat. Ann. § 35-7-1040 (2014)

Cultivation

Cultivating any amount of marijuana is misdemeanor, punishable by a maximum of 6 months imprisonment and a maximum fine of $1,000.

See

  • Wyo. Stat. Ann. § 35-7-1002 (2014)

Hash & Concentrates

Any equipment, device, or material used to make hashish or extracts is considered paraphernalia.

See

  • Wyo. Stat. Ann. § 35-7-1002(xxvii) (2014)

Possession of 0.3 grams or less of a liquid concentrate, such as hashish oil, is a misdemeanor, punishable by a maximum term of imprisonment of up to 12 months and/or a maximum fine of $1,000.

Possession of more than .3 grams of a liquid concentrate is a felony punishable by a maximum term of imprisonment up to 5 years and/or a fine of no more than $10,000.

See

  • Wyo. Stat. Ann. § 35-7-1031 (2014)

Paraphernalia

Possession of paraphernalia is a crime which is punishable by a maximum of 6 months imprisonment and a maximum fine of $750.

See

  • Wyo. Stat. Ann. § 35-7-1002 (2014)

Miscellaneous

A third or subsequent offense for possession of more than 3 ounces is punishable by a maximum of 5 years imprisonment, a maximum fine of $5,000, or both.

See

  • Wyo. Stat. Ann. § 35-7-1031 (2014)

Anyone adult who distributes marijuana to someone under the age of 18 who is more than 3 years his junior is subject to felony charge, with a maximum penalty of 20 years imprisonment and/or a $10,000 fine. A conviction within 500 feet from a school is subject to an additional $500 fine.

See

  • Wyo. Stat. Ann. § 35-7-1036(a) (2014)
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC for any “medical condition” for which a physician recommends it.

Wyoming Drugged Driving

In Wyoming, a person is guilty of DUI if he or she drives under the influence of a controlled substance, or combination of controlled substance and alcohol to a degree which renders him incapable of safely driving. Wyo. Stat. Ann. § 31-5-233(b)(iii)(B),(C) (2010).

Affirmative Defense

The fact that any person charged with a DUI has been entitled to use the controlled substance under the laws of this state shall not constitute a defense. Id. § 31-5-233 (d).

Implied consent

  • Any person who drives or is in actual physical control of a motor vehicle upon a public street or highway in this state is deemed to have given consent to a chemical test or tests of his blood, breath or urine for the purpose of determining the controlled substance content of his blood.Id. § 31-6-102 (a)(i).
  • If offender revokes implied consent, the department shall suspend the person’s driver’s license or his privilege to operate a motor vehicle in this state for six months (for the first related offense), or up to 18 months for habitual offenders. Id. § 31-6-107.

Penalties

  • First offense misdemeanor – punishable by imprisonment for not more than six (6) months; a fine of not more than seven hundred fifty dollars ($750.00), or both; license revocation. Id. § 31-5-233(e).
  • Second offense (within ten (10) years) – imprisonment for not less than seven (7) days nor more than six (6) months; offender shall be ordered to or shall receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health; offender shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least seven (7) days in jail; may be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars; license revocation. ($750.00). Id.
  • Third offense (within ten (10) years) – imprisonment for not less than thirty (30) days nor more than six (6) months; offender shall receive a substance abuse assessment; offender shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least thirty (30) days in jail except that the court shall consider the substance abuse assessment and may order the person to undergo outpatient alcohol or substance abuse treatment during any mandatory period of incarceration; license revocation. Id.
  • Fourth or subsequent offense (within ten (10) years) felony – fine of not more than ten thousand dollars ($10,000.00); imprisonment for not more than two (2) years; or both; license revocation. Id.

Sobriety Checkpoints

In Wyoming, sobriety checkpoints are prohibited by interpretation of the roadblock statute.Id. §7-17-102.

Attorney General opinions in 1986 and 1996 recognize that sobriety checkpoints are constitutional in Wyoming, but that they are illegal because the roadblock statute specifically states when a roadblock may be conducted.

Wyoming Hemp Law

Year Passed: 2017

Summary: HB 230 was passed into law without governor’s signature. “An act relating to food and drugs; authorizing industrial hemp farming as specified; providing for hemp farming for research purposes; providing licensure requirements; authorizing enforcement and penalties; creating a misdemeanor; providing rulemaking authority; providing an affirmative defense for marihuana prosecutions as specified; and providing for effective dates.”

Statute: Wyo. Stat. § 35-7-2101 to 35-7-2107

Verified Wyoming Marijuana Attorneys

Dion James Custis

307-638-2442

Dion James Custis

Dion J. Custis, P.C.
400 E. 20th Street

Cheyenne, WY 82001

www.lawyers.com

Phone: 307-638-2442

Zenith S Ward

307-634-2184

Zenith S Ward

 
Buchhammer & Ward, PC 1821 Logan Avenue

Cheyenne, WY82001

Phone: 307-634-2184

Neubauer, Pelkey, Goldfinger Pelkey

307-745-3031

Charles Pelkey

Neubauer, Pelkey and Goldfinger, LLP
311 South 4th Street

Laramie, WY82070

www.420Law.net

Phone: 307-745-3031

Wyoming Congressman

Senators

Mike Enzi (R)

WYOMING

 

NORML Grade: D

Votes

 

Comments

“Republican Sen. Mike Enzi does not support the bill because he has strong reservations about marijuana for medical use, said his spokesman Max D’Onofrio.” “There is strong evidence that marijuana does act as a gateway drug, and Sen. Enzi believes we must think about what kind of message these laws would send to our young people,” D’Onofrio said in an email. “There is also no clear science-based evidence that medical marijuana is more effective than other regulated medicines. Approval of medical marijuana use at this time is premature until the research is more conclusive about benefits and risk.”

John Barrasso (R)

WYOMING

 

NORML Grade: F

Votes

 

Comments

“DOBBS: As you know, Secretary of State Hillary Clinton saying while in Mexico City, saying that our demand for drugs is what motivates the drug gangs. Is that not somewhat similar to saying that money in banks motivates bank robbers? Sentaor BARRASSO: Well, Lou, I really do not ever approve of this let’s blame Americans first approach. I just don’t think that’s the way to go. These are narcotic traffickers. It is a network of criminals, and we need to do everything we can to disrupt the entire network. If they weren’t moving drugs, the president was making a joke of legalizing marijuana, and I have to tell you, I think that we should not go that way under those circumstances. The same criminal networks would just do another form of crime to try to make profits.” 3/26/2009 (Link)
“While there are conflicting studies regarding the medical use of marijuana, the risks to individuals and the larger community far outweigh the potential benefits it may or may not provide,” he said. “There are better legal and proven ways to safely address pain.” 3/31/2015 (Link)

 

This information is continually being updated. If you have an additional public comment that we do not have record of or any additional information please email politics@norml.org.

Representatives

Cynthia Lummis (R)

WYOMING

 

NORML Grade: B

Votes