Title 35, Title 35 — Public Health And Safety

Short title. This act shall be known and may be cited as the "Wyoming Controlled Substances Act of 1971".

Definitions. (a) As used in this act: (i) "Administer" means directly applying a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (A) A practitioner (or by his authorized agent); or (B) The pat…

Attorney general designated commissioner of drugs and substances control. The attorney general of the state of Wyoming is hereby designated commissioner of drugs and substances control.

Personnel to administer provisions. The attorney general by and with the consent of the governor may employ such personnel as necessary to administer this act. Such personnel shall serve at the pleasure of the attorney general at such compensation as may be approved by the Wyomin…

Advisory board on drugs and substances control. There is hereby established an advisory board on drugs and substances control for the purpose of assisting and advising the commissioner of drugs and substances control in carrying out the functions of his office. The members of the…

Cooperation by state departments, officers, agencies and employees. It shall be the duty of all departments, officers, agencies, and employees of the state of Wyoming to cooperate with the commissioner of drugs and substances control in carrying out his functions under this or an…

Cooperative arrangements; plant eradication programs; research. (a) The commissioner of drugs and substances control may, in addition to other powers and duties vested in him by this or any other act: (i) Cooperate with federal and other state agencies in discharging his responsi…

Federal funds and grants; authority of commissioner of drugs and substances control. (a) Except as otherwise provided by law, the commissioner of drugs and substances control is hereby designated as the agency of the state of Wyoming to accept the provisions of and funds and gran…

Federal funds and grants; authority of state treasurer. Whenever the state of Wyoming shall be entitled to receive any moneys or funds from the United States of America, or from any other source or authority, to be expended for the purposes of this act, the state treasurer is her…

Board of pharmacy designated agency to administer registration. The Wyoming state board of pharmacy in addition to any other duties imposed upon it by law is hereby designated as the agency to administer the registration of the manufacture, distribution and dispensing of controll…

Control of substances. (a) The commissioner shall administer this act and with the advice of the advisory board established in W.S. 35-7-1005 may add substances to or delete or reschedule all substances enumerated in the schedules in W.S. 35-7-1014, 35-7-1016, 35-7-1018, 35-7-102…

Name by which controlled substance listed in schedule. The controlled substances listed or to be listed in the schedules in W.S. 35-7-1014, 35-7-1016, 35-7-1018, 35-7-1020 and 35-7-1022 are included by whatever official, common, usual, chemical, or trade name designated.

Findings requiring inclusion of substance in Schedule I. (a) The commissioner shall place a substance in Schedule I if he finds that the substance: (i) Has high potential for abuse; and (ii) Has no accepted medical use in treatment in the United States or lacks accepted safety fo…

Substances included in Schedule I. (a) The controlled substances listed in this section are included in Schedule I. Schedule I shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated, listed in this …

Findings requiring inclusion of substance in Schedule II. (a) The commissioner shall place a substance in Schedule II if he finds that: (i) The substance has high potential for abuse; (ii) The substance has currently accepted medical use in treatment in the United States, or curr…

Substances included in Schedule II. (a) The controlled substances listed in this section are included in Schedule II. Schedule II shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated, listed in th…

Findings requiring inclusion of substance in Schedule III. (a) The commissioner shall place a substance in Schedule III if he finds that: (i) The substance has a potential for abuse less than the substances listed in Schedules I and II; (ii) The substance has currently accepted m…

Substances included in Schedule III. (a) The controlled substances listed in this section are included in Schedule III. Schedule III shall consist of the drugs and other substances by whatever official name, common or usual name, chemical name or brand name designated, listed in …

Findings requiring inclusion of substance in Schedule IV. (a) The commissioner shall place a substance in Schedule IV if he finds that: (i) The substance has a low potential for abuse relative to substances in Schedule III; (ii) The substance has currently accepted medical use in…

Substances included in Schedule IV. (a) The controlled substances listed in this section are included in Schedule IV. Schedule IV shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated, listed in th…

Findings requiring inclusion of substance in Schedule V. (a) The commissioner shall place a substance in Schedule V if he finds that: (i) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV; (ii) The substance has currently accept…

Substances included in Schedule V. (a) The controlled substances listed in this section are included in Schedule V. Schedule V shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated in this section.…

Board of pharmacy to administer registration requirements; rules; fees. The Wyoming state board of pharmacy shall have the responsibility for administering the registration requirements of this article, and may promulgate rules and charge reasonable fees relating to the registrat…

Registration requirements. (a) Every person who manufactures, distributes or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution or dispensing of any controlled substance within this state, must obtain every two (2) year…

Registration of manufacturers and distributors; controlled substance prescription tracking program enrollment. (a) The board shall register an applicant to manufacture or distribute controlled substances included in W.S. 35-7-1014, 35-7-1016, 35-7-1018, 35-7-1020 and 35-7-1022 un…

Suspension or revocation of registration. (a) A registration under W.S. 35-7-1025 to manufacture, distribute or dispense a controlled substance may be suspended or revoked by the board upon a finding that the registrant: (i) Has furnished false or fraudulent material information …

Order to show cause before denial, suspension, revocation or refusal to renew registration; emergency suspension. (a) Before denying, suspending, or revoking a registration, or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to …

Records and inventories required of registrants. Persons registered to manufacture, distribute, or dispense controlled substances under this act shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law and with a…

Order forms required for distribution of substances in Schedules I and II. Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms s…

Prescriptions required in certain instances. (a) Repealed by Laws 2019, ch. 153, § 1. (b) In emergency situations, as defined by rule of the board, Schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. …

Unlawful manufacture or delivery; counterfeit substance; unlawful possession. (a) Except as authorized by this act, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance. Any person who violates this subsec…

Certain unlawful acts particularly applicable to registrants. (a) It is unlawful for any person: (i) Who is subject to Article IV to distribute or dispense a controlled substance in violation of W.S. 35-7-1030; (ii) Who is a registrant, to manufacture a controlled substance not a…

Unlawful acts; distribution; registration; possession; records; counterfeiting; punishment. (a) It is unlawful for any person knowingly or intentionally: (i) To distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as r…

Penalties are additional. Any penalty imposed for violation of this act is in addition to, and not in lieu of, any civil administrative penalty or sanction otherwise authorized by law.

Conviction or acquittal under federal law or law of another state. If a violation of this act is a violation of a federal law or a law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.

Distribution to person under 18; drug free school zones. (a) Any person eighteen (18) years of age or over who violates W.S. 35-7-1031(a) by distributing methamphetamine or a controlled substance listed in Schedules I or II which is a narcotic drug to a person under eighteen (18)…

Probation and discharge of first offenders. Whenever any person who has not previously been convicted of any offense under this act or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, …

Second or subsequent offenses; mandatory minimum penalty for certain subsequent offenses. (a) Unless otherwise provided under W.S. 35-7-1031(c), any person convicted of a second or subsequent offense under this act may be imprisoned for a term up to twice the term otherwise autho…

Person using or under influence of controlled substance. Except as provided in W.S. 35-7-1064, any person who knowingly or intentionally uses or is under the influence of a controlled substance listed in Schedules I, II or III except when administered or prescribed by or under th…

Planting, cultivating or processing marihuana, peyote or opium poppy. Any person who knowingly or intentionally plants, cultivates, harvests, dries, or processes any marihuana, peyote, or opium poppy except as otherwise provided by law shall be guilty of a misdemeanor and shall b…

Distribution of liquid, substance or material in lieu of controlled substance. Any person who in any manner offers to unlawfully sell, furnish, transport, administer, or give any controlled substance to any person, or offers, arranges, or negotiates to have any controlled substan…

Attempts and conspiracies. Any person who attempts or conspires to commit any offense under this article within the state of Wyoming or who conspires to commit an act beyond the state of Wyoming which if done in this state would be an offense punishable under this article, shall …

Immunity from prosecution. All duly authorized peace officers including any special agents or other personnel appointed by the commissioner, and probation and parole agents as defined in W.S. 7-13-401, while investigating violations of this act in performance of their official du…

Peyote delivered, possessed or used for religious sacramental purposes. Nothing in this act shall be construed to prohibit the delivery, possession or use of peyote in natural form, when delivered, possessed or used for bona fide religious sacramental purposes by members of the N…

Duties and powers of law enforcement officers; search warrants. (a) Notwithstanding the powers conferred upon the attorney general by this act all law enforcement officers within this state shall have the responsibility for the enforcement of this act. (b) Any special agent desig…

Administrative inspection warrants. (a) Issuance and execution of administrative inspection warrants for controlled premises as defined in this section shall be as follows: (i) Any district court judge or district court commissioner upon proper oath or affirmation showing probabl…

Injunctions against violations. (a) The district courts of this state have jurisdiction to restrain or enjoin violations of this act. (b) The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section.

Cooperation with federal and other state agencies. (a) The state board of pharmacy and the commissioner shall cooperate with federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controll…

Forfeitures and seizures generally; property subject to forfeiture. (a) The following are subject to forfeiture: (i) All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of this act; (ii) All raw materials, products, and equipmen…

Burden of proof; liability of officers. (a) It is not necessary for the state to negate any exemption or exception in this act in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this act. The burden of proof of any exe…