Wyoming Drug Laws: Penalties, Charges & Treatment Options

Wyoming drug laws are codified primarily in the Wyoming Controlled Substances Act, Wyo. Stat. § 35-7-1001 through § 35-7-1057. The state classifies controlled substances into five schedules (I through V) under Wyo. Stat. §§ 35-7-1013 through 35-7-1022, consistent with the federal Controlled Substances Act framework.

Wyoming draws important distinctions between simple possession, possession with intent to deliver, manufacture, and delivery. Under Wyo. Stat. § 35-7-1031, simple possession of amounts below statutory thresholds is generally a misdemeanor for first and second offenses, punishable by up to one year in jail and a $1,000 fine. However, possession above threshold amounts triggers felony penalties that vary by schedule — up to 7 years and $15,000 for Schedule I or II narcotics and methamphetamine, and up to 5 years and $10,000 for other Schedule I, II, or III substances.

Manufacturing or delivery of Schedule I or II narcotics or methamphetamine carries up to 20 years imprisonment and a $25,000 fine. For other Schedule I, II, or III drugs, the maximum is 10 years and $10,000. Distribution to a minor under 18 doubles the applicable penalties under Wyo. Stat. § 35-7-1036.

In 2024, significant legislative reforms took effect on July 1. House Bill 240 and Senate File 70 reduced certain first-offense simple possession charges from felonies to misdemeanors for quantities under 3 grams, and shifted sentencing emphasis toward probation, counseling, and community supervision for nonviolent, small-quantity offenders.

Marijuana remains fully illegal in Wyoming for all purposes. There is no medical marijuana program, no recreational legalization, and no decriminalization. A 2025 bill (HB 0191) proposing civil penalties for cannabis possession failed on February 3, 2025.

Wyoming was the last state in the nation to enact a Good Samaritan overdose immunity law, finally passing SF 0074 in 2025 (effective July 1, 2025). The state has allowed pharmacist-prescribed naloxone since 2017 under Wyo. Stat. §§ 35-4-901 through 35-4-906.

Simple Possession — Wyo. Stat. § 35-7-1031(c)

Wyoming's possession penalties are structured based on drug schedule, quantity relative to statutory thresholds, and offense history:

Misdemeanor Possession (Below Threshold — 1st or 2nd Offense)

• Schedule I, II, III, or IV controlled substances: Up to 1 year imprisonment and/or a fine up to $1,000. As of July 1, 2024, first-offense possession of less than 3 grams of methamphetamine or cocaine may be charged as a misdemeanor. (Wyo. Stat. § 35-7-1031(c); HB 240, SF 70 — 2024)

Felony Possession (Above Threshold or Repeat Offender)

• Schedule I or II narcotic (e.g., heroin, oxycodone, fentanyl) or methamphetamine — above threshold: Up to 7 years imprisonment and/or a fine up to $15,000. (Wyo. Stat. § 35-7-1031(c))
• Other Schedule I, II, or III (non-narcotic, non-meth) — above threshold: Up to 5 years imprisonment and/or a fine up to $10,000. (Wyo. Stat. § 35-7-1031(c))
• Third or subsequent misdemeanor-level possession offense: Elevated to felony — up to 5 years imprisonment and/or a fine up to $5,000. (Wyo. Stat. § 35-7-1031(c))

Marijuana Possession

• Less than 3 ounces: Misdemeanor — up to 12 months imprisonment and/or a fine up to $1,000. (Wyo. Stat. § 35-7-1031(c))
• 3 ounces or more: Felony — up to 5 years imprisonment and/or a fine up to $10,000. (Wyo. Stat. § 35-7-1031(c))

Being Under the Influence — Wyo. Stat. § 35-7-1039

• Use or being under the influence of a controlled substance: Misdemeanor — up to 180 days imprisonment and/or a fine up to $750.

Drug Paraphernalia — Wyo. Stat. § 35-7-1056

• Possession or use of drug paraphernalia: Misdemeanor — up to 6 months imprisonment and/or a fine up to $750.
• Delivery of paraphernalia to a minor under 18: Felony — up to 5 years imprisonment and/or a fine up to $2,500.

First-Time Offender Options

Wyoming allows conditional release or alternative sentencing for first-time offenders. Conditional release permits a defendant to opt for probation rather than trial. Upon successful completion, the conviction may not appear on the individual's criminal record. Deferred prosecution under Wyo. Stat. § 7-13-301 allows first-time offenders to avoid conviction if they comply with court-ordered conditions for a designated period.

Wyo. Stat. § 31-5-233

0.08% (standard); implied consent applies

Wyoming law makes it unlawful to drive or have control of a vehicle while under the influence of any controlled substance, drug, or combination of substances capable of impairing a person's physical or mental faculties, including inhaled toxic vapors. There is no per se limit for drugs — impairment is established through officer observations, field sobriety tests, Drug Recognition Expert evaluations, and toxicology results. (Wyo. Stat. § 31-5-233)

Since July 1, 2017, Wyoming pharmacists have had prescriptive authority for opioid antagonist medications including naloxone under Wyo. Stat. §§ 35-4-901 through 35-4-906. Pharmacists may prescribe and dispense naloxone to individuals at risk of overdose or to persons in a position to assist someone at risk.

Wyoming does not use a statewide standing order model. Instead, the state relies on a pharmacist prescription authority model, allowing pharmacists to directly prescribe and dispense naloxone without a physician's order.

The prescribing practitioner or pharmacist must provide basic education to the person receiving naloxone on recognizing and responding to an opioid overdose.

Persons who prescribe, dispense, or administer naloxone in good faith are protected from civil liability under Wyoming's naloxone access provisions. (Wyo. Stat. § 35-4-904)

The Wyoming Department of Health promotes naloxone distribution through community organizations and supports opioid overdose response education for law enforcement, firefighters, and the general public.

Wyo. Stat. §§ 35-4-901 through 35-4-906 (effective July 1, 2017)

Wyoming operates treatment and diversion courts across the state as alternatives to traditional criminal justice processing. These courts provide structured, court-supervised treatment interventions designed to reduce recidivism and improve outcomes for individuals with substance use disorders.

• Adult Drug Courts — for adult offenders with substance use disorders who plead guilty or no contest to nonviolent charges
• Juvenile Drug Courts — for youth involved in the juvenile justice system with substance use issues
• DUI Courts — for repeat DUI offenders requiring intensive supervision and treatment
• Tribal Wellness Courts — for tribal members in Wyoming's Wind River Reservation communities

Participants must plead guilty or no contest to a nonviolent charge. Eligibility is determined by the court based on the nature of the offense, criminal history, and substance use assessment. Violent offenders and those with serious prior convictions are generally excluded.

Drug court programs typically include regular court appearances, random drug testing, substance abuse treatment and counseling, educational or vocational programming, community service, graduated sanctions for noncompliance, and incentives for progress.

Successful completion of drug court may result in reduced charges, dismissed charges, or alternative sentencing. The Wyoming Judicial Branch maintains treatment court standards (updated April 2024) that govern operations across all drug court programs.

Wyoming Judicial Branch — Treatment and Diversion Courts Division

Wyoming Treatment Court Standards (approved April 2024); Wyo. Stat. § 7-13-301 (deferred prosecution)

Wyoming imposes mandatory minimum sentences for certain serious drug offenses, particularly those involving manufacturing, delivery, and distribution. While the 2024 reforms reduced some first-offense possession charges to misdemeanors, felony-level distribution and trafficking offenses retain severe penalties.

• Manufacturing or delivery of Schedule I or II narcotics or methamphetamine: up to 20 years imprisonment — courts retain limited discretion in sentencing within this range. (Wyo. Stat. § 35-7-1031(a)(i))
• Distribution to a person under 18: the prison term is doubled from the applicable term under § 35-7-1031(a), with the fine as set forth in § 35-7-1031(a)(i). (Wyo. Stat. § 35-7-1036)
• Third or subsequent misdemeanor possession offense is automatically elevated to a felony with up to 5 years imprisonment. (Wyo. Stat. § 35-7-1031(c))
• Felony distribution and trafficking charges involving Schedule I and II drugs carry enhanced penalties, particularly when aggravating factors are present such as use of a firearm, involvement of minors, or drug-free school zone violations.

While Wyoming does not use the rigid mandatory minimum structure found in some states (e.g., federal trafficking minimums), the state's felony penalties for manufacture and delivery effectively function as severe baseline sentences. Judges retain some discretion, and the 2024 reforms expanded options for alternative sentencing in lower-level possession cases.

Under Wyo. Stat. § 7-13-301, first-time offenders may seek deferred prosecution, which allows them to avoid a conviction if they comply with court-ordered requirements (such as drug education, community service, or substance abuse counseling) for a designated period. Upon successful completion, charges may be dismissed.

Wyoming allows conditional release for first-time drug offenders. Conditional release permits a defendant to opt for probation rather than trial. After successful completion, the charge may not appear on the individual's criminal record.

Wyoming's treatment and diversion courts (adult drug courts, juvenile drug courts, DUI courts, and tribal wellness courts) offer intensive court-supervised treatment as an alternative to incarceration for eligible nonviolent offenders.

As of July 1, 2024, sentencing for first-time simple possession offenses has shifted significantly toward probation, counseling, and community supervision — especially for small quantities and nonviolent behavior. Judges may order up to one year in jail for eligible misdemeanor possession but the statute emphasizes alternative sentencing options. (HB 240, SF 70 — 2024)

Courts routinely order substance abuse assessments as part of sentencing for drug offenses, and may mandate completion of approved treatment programs as a condition of probation or deferred sentencing.

2025: Good Samaritan Overdose Immunity Law (SF 0074, Enrolled Act No. 63): Wyoming became the last state in the nation to enact a Good Samaritan law providing limited immunity from prosecution for individuals who report drug overdoses in good faith. Effective July 1, 2025. Limited to two qualifying calls per calendar year, with the second requiring agreement to complete a treatment program.

2025: Cannabis Civil Penalties Bill Fails (HB 0191): A bill that would have created civil penalties rather than criminal penalties for possession of certain amounts of marijuana failed in the Wyoming Legislature on February 3, 2025.

2024: Possession Reclassification (HB 240, SF 70): Effective July 1, 2024, certain first-offense simple possession charges for less than 3 grams of methamphetamine or cocaine were reduced from felonies to misdemeanors. Sentencing emphasis shifted toward probation, counseling, and community supervision for nonviolent, small-quantity offenders.

2024: Wyoming Treatment Court Standards Updated (April 2024): The Wyoming Judicial Branch adopted revised treatment court standards governing the operation of adult drug courts, juvenile drug courts, DUI courts, and tribal wellness courts statewide.

2017: Naloxone Access Expansion (Wyo. Stat. §§ 35-4-901 through 35-4-906): Effective July 1, 2017, Wyoming expanded access to opioid overdose antagonist medication to include law enforcement, firefighters, and the general public. Pharmacists were authorized to prescribe naloxone directly to individuals.