Possession of a Controlled Substance in Wyoming

All states regulate the possession of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for illegal possession. Wyoming classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.

This article discusses the illegal possession of CDS for personal use only. Illegally making or selling CDS carries different penalties. For more information on illegal CDS manufacture and sale, see Sale of Controlled Substances in Wyoming.

Also, while marijuana is considered a CDS, this article does not cover Wyoming’s marijuana possession and sale laws. To learn more about that topic, see Wyoming Marijuana Laws.

How Wyoming Classifies CDS

Wyoming divides CDS into five “Schedules”. Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules II, III, IV, and V decrease in dangerousness and probability of abuse, and increase in recognized medical uses.

If you’ve been arrested for illegal CDS possession, you’ll need to consult the Wyoming Code that lists precisely which drugs fit into each group. Go to the statutes (Wy. Stat. Ann. § 35-7-1014, -1016, -1018, -1020, & -1022) and find the substance you're charged with possessing -- it will be listed under one of the five schedules.

Penalties for Possessing CDS

It is illegal in Wyoming to possess CDS without a valid medical prescription. Penalties vary according to the type and amount of CDS involved. (Wy. Stat. Ann. § 35-7-1031(c).)

Specified amounts of Schedule I, II, III, or IV CDS

Penalties for possessing the following amounts of Schedule I, II, III, or IV CDS include a fine of up to $1,000, up to one year in jail, or both. Third and subsequent offenses of this type incur a fine of up to $5,000, up to five years in prison, or both.

  • CDS in plant form—three ounces or less
  • CDS in liquid form—three-tenths of a gram or less
  • CDS in powder or crystalline form—three grams or less
  • CDS in pill or capsule form—three grams or less
  • Cocaine in “crack” cocaine form—less than five tenths of a gram
  • Lysergic acid diethylamide (LSD)—less than three tenths of a gram

Schedule I or II narcotic CDS, or methamphetamine

Penalties for possessing more than the amounts described above include a fine of up to $15,000, up to seven years in prison, or both.

All other Schedule I, II, or III CDS

Penalties for possessing more than the amounts described above include a fine of up to $10,000, up to ten years in prison, or both.

Schedule IV CDS

Penalties for possessing more than the amounts described above include a fine of up to $2,500, up to two years in prison, or both.

Schedule V CDS

Penalties for possessing any amount of a Schedule V CDS include a fine of up to $1,000, up to one year in jail, or both.

Talk to an Attorney

CDS possession convictions can incur harsh fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences.

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