Title 35, Title 35 — Public Health And Safety

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…

Review of decisions of board or commissioner. All final administrative determinations, findings and conclusions of the board or commissioner under this act are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of such d…

Educational programs; research. (a) The commissioner may carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs he may: (i) Promote better recognition of the problems of misuse and abuse of control…

Miscellaneous provisions. (a) Prosecution for any violation of law occurring prior to the effective date of this act is not affected or abated by this act. If the offense being prosecuted is similar to one set out in Article V of this act, the penalties under Article V apply if t…

Existing orders and rules. Any orders and rules promulgated under any law affected by this act and in effect on the effective date of this act and not in conflict with it continue in effect until modified, superseded, or repealed.

Construction. This act shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this act among those states which enact similar legislation. Article VIII.

Delivery of, or possession with intent to deliver, drug paraphernalia. It is unlawful for any person to deliver, or possess with intent to deliver, drug paraphernalia. Any person who violates this section is guilty of a crime and, upon conviction, may be imprisoned for not more t…

Delivery of drug paraphernalia to a minor. Any adult who violates W.S. 35-7-1056 by delivering drug paraphernalia to a minor is guilty of a crime and, upon conviction, may be imprisoned for not more than five (5) years, fined not more than two thousand five hundred dollars ($2,50…

Definitions. (a) As used in this section and W.S. 35-7-1059: (i) "Booby trap" means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. "Booby trap" includes guns, ammunition or explosive dev…

Unlawful clandestine laboratory operations; methamphetamine precursors; presumptively illegal amount; methamphetamine precursor sales limitations; registration requirements; reports; penalties. (a) It is unlawful for any person to knowingly or intentionally: (i) Possess a List I …

Controlled substance prescription tracking program. (a) In addition to other duties and responsibilities as provided by this act, the board shall maintain a computerized program to track prescriptions for controlled substances for the purposes of assisting patients, practitioners…

Exceptions to provisions. (a) The provisions and penalties of this chapter shall not apply to: (i) The possession or use of hemp or hemp products for any purpose or application; (ii) Persons in possession of any controlled substances for purposes of disposal in accordance with 21…

Drug overdose; limited immunity from prosecution. (a) A person who, in good faith, seeks medical assistance for himself or another person is immune from criminal prosecution for an offense listed in subsection (c) of this section if: (i) The person reasonably believes he or anoth…

Established; composition; compensation of members. There is hereby established the "Wyoming narcotics and drug abuse board". The board shall be composed of the attorney general of Wyoming or his designee, the director of the department of health or his designee and the members of…

Donation of food; exemption from civil liability. (a) No person who donates food to a nonprofit organization for use or distribution in providing assistance shall be liable for damages in any civil action resulting from the nature, age, condition or packaging of the donated food …

Donation of game animals. (a) Any game animal, including any big game animal, elk, deer, mountain sheep, wild goat, antelope, moose or bear, lawfully taken by a licensed hunter may be donated to a nonprofit organization under the provisions of W.S. 35-7-1301 to feed individuals i…

Federal requirements; placement of labels; penalty. (a) No person shall import into this state any package of cigarettes that violates any federal requirement for the placement of labels, warnings, or other information, including health hazards, required to be placed on the conta…

Federal requirements; affixing labels; penalty. (a) No person shall import into this state any tobacco product that violates any federal requirement for the placement of labels, warnings, or other information, including health hazards, required to be placed on the container or in…

Short title. This act shall be known and may be cited as the "Drug Donation Program Act".

Definitions. (a) For purposes of this act: (i) "Prescription drug" means a pharmaceutical drug which is required by any applicable federal or state law to be dispensed only pursuant to a health care provider's prescription; (ii) "Health care facility" means as defined in W.S. 35-…

Drug donation, redispensing and disposal program established; minimum requirements. (a) The department shall establish pursuant to its rules and regulations a voluntary drug donation and disposal program as provided in this section. (b) The drug donation and redispensing program …

Program participants. (a) A physician, pharmacy or health care facility that accepts donated drugs under the drug donation program shall comply with all applicable provisions of state and federal law relating to the storage, distribution and dispensing of such drugs and shall ins…

Participant immunity. (a) In the absence of bad faith, any person who participates in donating, accepting, distributing or dispensing drugs under this act and in accordance with federal law shall be immune from civil or criminal liability or professional disciplinary action of an…

Rules and regulations; agency cooperation. (a) The department, in cooperation with the Wyoming board of pharmacy, shall promulgate rules and regulations implementing the drug donation program established by this act. Initial rules shall be promulgated within ninety (90) days afte…

Short title. This article is known and may be cited as the "Wyoming Traditional Food Act."

Definitions. (a) As used in this article: (i) "Traditional event or activity" means an occasion where potentially hazardous and not potentially hazardous foods have traditionally been, and are presently, stored and prepared in a private home or a place other than an establishment…

Wyoming Traditional Food Act; purpose. Notwithstanding any other provisions of law, there shall be no licensure, permitting, certification, inspection, packaging or labeling required by any state governmental agency or any agency of any political subdivision of the state which pe…

Short title. This article is known and may be cited as the "Right To Try Act."

Definitions. (a) As used in this article: (i) "Eligible patient" means a person who has: (A) A terminal illness; (B) Considered all other treatment options currently approved by the United States food and drug administration; (C) Received a recommendation from a physician for an …

Availability of investigational drugs, biological products or devices; insurance coverage. (a) A manufacturer of an investigational drug, biological product or device may make the drug, product or device available to eligible patients in accordance with the provisions of this sec…

Action against physician license prohibited. Notwithstanding any other provision of law, the Wyoming state board of medicine shall not revoke, fail to renew, suspend or take any other action against a physician's license issued pursuant to W.S. 33-26-101 et seq., based solely on …

Access to investigational drugs, biological products and devices. An official, employee or agent of this state shall not block or attempt to block an eligible patient's access to an investigational drug, biological product or device. Counseling, advice or a recommendation consist…

No cause of action created. This article does not create a private cause of action against a manufacturer of an investigational drug, biological product or device, or against any other person or entity involved in the care of an eligible patient using the investigational drug, bi…

Definitions. (a) As used in this article: (i) "Child resistant packaging" means packaging that meets the standards set forth in 16 C.F.R. 1700.15(b), as amended as of July 1, 2015, when tested in accordance with the method described in 16 C.F.R. 1700.20, as amended as of July 1, …

Child resistant packaging required. (a) Any liquid nicotine container sold to consumers in this state shall be sold in child resistant packaging. (b) Any person who sells a liquid nicotine container in violation of subsection (a) of this section is guilty of a misdemeanor and upo…

Definitions. (a) As used in this act: (i) "Adulterated" means the addition of a controlled substance, a synthesized alkaloid or semi-synthesized alkaloid into a kratom product; (ii) "Alkaloid fraction" means a portion of a plant or plant extract that contains primarily alkaloid c…

Kratom product regulation; penalties. (a) A person is guilty of a violation of this act if the person: (i) Knowingly prepares, distributes, delivers, advertises, sells or offers for sale a kratom product: (A) That is adulterated; (B) To a person less than twenty-one (21) years of…

Compliance inspections. (a) The department of health, working with local law enforcement agencies and other local persons and organizations at the discretion of the department, shall be the lead agency to ensure compliance with this act. (b) The department of health shall develop…

Survey and platting of cemetery grounds. Any person, firm, corporation or municipality desiring to maintain a cemetery or to sell lots or parcels of land for cemetery or burial purposes shall cause such land, or such portion thereof as may, from time to time be or become necessar…