Wyoming Heroin Laws

The Wyoming Controlled Substances Act mirrors the federal Uniform Controlled Substances Act (CSA). This law places all prescription narcotics and illegal drugs into categories based on their medical uses, safety, and risk of abuse. Schedule I drugs are those with no accepted medical use and a high risk of abuse. Heroin and fentanyl derivatives are Schedule I drugs under federal and state law.

In response to the opioid epidemic plaguing the nation, Congress placed fentanyl-related substances on Schedule I in 2023. Fentanyl itself is a Schedule II narcotic because doctors use it as a pain reliever like morphine. Possession of fentanyl becomes a serious drug offense if used to adulterate other illegal drugs to make them stronger.

Wyoming Heroin Possession Laws

First offenses for drug possession in Wyoming are misdemeanors if the defendant has less than the statutory amount of the controlled substance. Schedule I drugs like methamphetamines, LSD, and heroin have very low maximum thresholds:

• In liquid form, no more than three-tenths (3/10) of a gram

• In powder or crystal, no more than 3 grams

• In pill or capsule form, no more than 3 grams

When weighing controlled substances, the weight includes any binders, adulterants, or cutting agents but not any packaging materials.

If the defendant has more than the threshold amount of a Schedule I drug, the possession is a felony.

Any subsequent offense for Schedule I possession of a controlled substance is a felony. Possession of Schedule III, Schedule IV, or Schedule V drugs without a valid prescription may also be felonies if you have more than the statutory amount. Some prescription opiates include codeine, Vicodin, and Oxycontin (hydrocodone).

Possession for distribution or sale is also a felony. Possession for distribution can include possessing forged or fraudulent prescription pads or stamps or using a false name to obtain prescription medications for sale.

Sale or distribution to a minor or within 500 feet of a school doubles all penalties.

Trafficking, or transporting drugs across state lines, is a federal offense and a state crime. Drug trafficking in the state of Wyoming is a felony, and the offender will likely face federal charges as well.

Sentencing

Sentences for Schedule I and Schedule II drug crimes are always severe.

• Misdemeanors carry jail time of up to one year and fines of up to $1000

• First-time felonies carry prison terms of up to 7 years and fines of up to $15,000

• Subsequent offenses may have terms of up to 15 years and fines of up to $25,000

• Sales or distribution may receive terms of 20 years in prison and fines over $25,000, with penalties doubled if the transaction took place near a school

First-time offenders may qualify for deferred adjudication. A judge may place defendants with no previous convictions for unlawful possession on conditional probation. The conditions may include:

• Drug testing

• Rehabilitation

• Substance abuse counseling

On successful completion of probation, the judge clears the charge from the offender's record. Discharge and dismissal are only available once for any person.

See FindLaw's Drug Charges section for related articles and resources.

Get Legal Advice from a Wyoming Criminal Defense Attorney

Any drug charge can result in a criminal record that will follow you for the rest of your life. If you're facing charges of possession of narcotic drugs, you need legal advice from an experienced Wyoming criminal defense attorney.