Wyoming Statutes

Wyo. Stat. § 35-7-1031 (2026)

Unlawful manufacture or delivery; counterfeit

✓ current as of May 2026

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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 subsection with respect to:

          (i) Methamphetamine or a controlled substance
classified in Schedule I or II which is a narcotic drug, is
guilty of a crime and upon conviction may be imprisoned for not
more than twenty (20) years, or fined not more than twenty-five
thousand dollars ($25,000.00), or both;

          (ii) Any other controlled substance classified in
Schedule I, II or III, is guilty of a crime and upon conviction
may be imprisoned for not more than ten (10) years, fined not
more than ten thousand dollars ($10,000.00), or both;

          (iii) A substance classified in Schedule IV, is
guilty of a crime and upon conviction may be imprisoned for not
more than two (2) years, fined not more than two thousand five
hundred dollars ($2,500.00), or both;

          (iv) A substance classified in Schedule V, is guilty
of a crime and upon conviction may be imprisoned for not more
than one (1) year, fined not more than one thousand dollars
($1,000.00), or both.

     (b) Except as authorized by this act, it is unlawful for
any person to create, deliver, or possess with intent to
deliver, a counterfeit substance. Any person who violates this
subsection with respect to:

          (i) A counterfeit substance classified in Schedule I
or II which is a narcotic drug, is guilty of a crime and upon
conviction may be imprisoned for not more than twenty (20)
years, fined not more than twenty-five thousand dollars
($25,000.00), or both;

          (ii) Any other counterfeit substance classified in
Schedule I, II or III, is guilty of a crime and upon conviction
may be imprisoned for not more than ten (10) years, fined not
more than ten thousand dollars ($10,000.00), or both;

          (iii) A counterfeit substance classified in Schedule
IV, is guilty of a crime and upon conviction may be imprisoned
for not more than two (2) years, fined not more than two
thousand five hundred dollars ($2,500.00), or both;

          (iv) A counterfeit substance classified in Schedule
V, is guilty of a crime and upon conviction may be imprisoned
for not more than one (1) year, fined not more than one thousand
dollars ($1,000.00), or both.

     (c) Except as provided in W.S. 35-7-1064, it is unlawful
for any person knowingly or intentionally to possess a
controlled substance unless the substance was obtained directly
from, or pursuant to a valid prescription or order of a
practitioner while acting in the course of his professional
practice, or except as otherwise authorized by this act. With
the exception of any drug that has received final approval from
the United States food and drug administration, including
dronabinol as listed in W.S. 35-7-1018(h), and notwithstanding
any other provision of this act, no practitioner shall dispense
or prescribe marihuana, tetrahydrocannabinol, or synthetic
equivalents of marihuana or tetrahydrocannabinol. No
prescription or practitioner's order for marihuana,
tetrahydrocannabinol, or synthetic equivalents of marihuana or
tetrahydrocannabinol shall be valid, unless the prescription is
for a drug that has received final approval from the United
States food and drug administration, including dronabinol. Any
person who violates this subsection:

          (i) And has in his possession a controlled substance
in the amount set forth in this paragraph is guilty of a
misdemeanor punishable by imprisonment for not more than twelve
(12) months, a fine of not more than one thousand dollars
($1,000.00), or both. Any person convicted for a third or
subsequent offense under this paragraph, including convictions
for violations of similar laws in other jurisdictions, shall be
imprisoned for a term not more than five (5) years, fined not
more than five thousand dollars ($5,000.00), or both. For
purposes of this paragraph, the amounts of a controlled
substance are as follows:

               (A) For a controlled substance in plant form, no
more than three (3) ounces;

               (B) For a controlled substance in liquid form,
no more than three-tenths (3/10) of a gram;

               (C) For a controlled substance in powder or
crystalline form, no more than three (3) grams;

               (D) For a controlled substance in pill or
capsule form, no more than three (3) grams;
               (E) For a controlled substance in the form of
cocaine-based "crack" cocaine, no more than five-tenths (5/10)
of a gram;

               (F) For a controlled substance known as LSD
(Lysergic acid diethylamide), no more than three-tenths (3/10)
of a gram.

          (ii) And has in his possession methamphetamine or a
controlled substance classified in Schedule I or II which is a
narcotic drug in an amount greater than those set forth in
paragraph (c)(i) of this section, is guilty of a felony
punishable by imprisonment for not more than seven (7) years, a
fine of not more than fifteen thousand dollars ($15,000.00), or
both;

          (iii) And has in his possession any other controlled
substance classified in Schedule I, II or III in an amount
greater than set forth in paragraph (c)(i) of this section, is
guilty of a felony punishable by imprisonment for not more than
five (5) years, a fine of not more than ten thousand dollars
($10,000.00), or both;

          (iv) And has in his possession a controlled substance
classified in Schedule IV in an amount greater than set forth in
paragraph (c)(i) of this section, is guilty of a felony
punishable by imprisonment for not more than two (2) years, a
fine of not more than two thousand five hundred dollars
($2,500.00), or both;

          (v) And has in his possession a controlled substance
classified in Schedule V, is guilty of a misdemeanor punishable
by imprisonment for not more than one (1) year, a fine of not
more than one thousand dollars ($1,000.00), or both.

     (d) For purposes of determining the weights to be given
the controlled substances under this section, the weights
designated in this section shall include the weight of the
controlled substance and the weight of any carrier element,
cutting agent, diluting agent or any other substance excluding
packaging material.

Notes of Decisions

Cited in 278 cases (51 in the last 5 years), 1978–2026 · leading case: Mathewson v. State, 438 P.3d 189 (Wyo. 2019).

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Mathewson v. State, 438 P.3d 189 (Wyo. 2019). · cites it 48× “Mathewson also challenges his conviction for felony possession of a controlled substance, claiming the liquid contained in his water pipe (bong water), which tested positive for methamphetamine, does not constitute "a controlled substance in a liquid form" as contemplated *197…”

Capellen v. State, 2007 WY 107 (Wyo. 2007). · cites it 18× “Capellen with a total of eight criminal counts: two counts of misdemeanor possession of methamphetamine in violation of Wyo. Stat. Ann. § 35-7-1031 (c)(i)(C) (LexisNexis 2005); two counts of misdemeanor possession of marijuana in violation of Wyo.”

Saldana v. State, 846 P.2d 604 (Wyo. 1993). · cites it 9× “The offense of which Saldana was convicted is encompassed in Wyo.Stat. § 35-7-1031(a) (1988). That statute provides, in pertinent part, that "it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.”

White v. Bd. of Trs., Etc., 648 P.2d 528 (Wyo. 1982). · cites it 16× “Sections 35-7-1031(a) and (c), 35-7-1036, and 35-7-1039, W.”

Urrutia v. State, 924 P.2d 965 (Wyo. 1996). · cites it 11× “ISSUES Appellant presents three issues for our review: ARGUMENT I: I) There was insufficient evidence to convict Appellant, Chad Urrutia, of possession of a controlled substance with intent to deliver under Wyoming Statute § 35-7-1031(a)(ii), given the fact that the State never…”

Dallas Clem Mitchell v. The State of Wyoming, 2020 WY 142 (Wyo. 2020). · cites it 6× “Mitchell was charged with possession of a controlled substance with intent to deliver, in violation of Wyo. Stat. Ann. § 35-7-1031 (a)(ii), and with conspiracy to deliver a controlled substance, in violation of Wyo.”

Roeschlein v. State, 2007 WY 156 (Wyo. 2007). · cites it 9× “Roeschlein was convicted of three counts of delivery of marijuana to minors in violation of Wyo. Stat. Ann. §§ 35-7-1031 (a)(ii) and 35-7-1036 (LexisNexis 2007).”

Ostrowski v. State, 665 P.2d 471 (Wyo. 1983). · cites it 8× “Section 35-7-1031(a), supra, provides in pertinent part: “(a) Except as authorized by this act [§§ 35-7-1001 to 35-7-1055], it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.”

Wright v. State, 670 P.2d 1090 (Wyo. 1983). · cites it 7× “A jury found appellant guilty of an unlawful delivery of Schedule I controlled substance, marijuana, in violation of § 35-7-1031(a)(ii), W.S. 1977. He was sentenced to two to four years in the Wyoming State Penitentiary.”

Harmelin v. Michigan, 501 U.S. 957 (1991). · cites it 2× “Though the different needs and concerns of other States may induce them to treat simple possession of 672 grams of cocaine as a relatively minor offense, see Wyo. Stat. § 35-7-1031(c) (1988) (6 months); W.”

Dysthe v. State, 2003 WY 20 (Wyo. 2003). · cites it 4× “[¶ 1] Kilen Patrick Dysthe (Dysthe) appeals his conviction for delivery of a controlled substance, in violation of Wyo. Stat. Ann. § 35-7-1031 (a)(ii) (LexisNexis 2001), a felony.”

Estrada-Sanchez v. State, 2003 WY 45 (Wyo. 2003). · cites it 7× “] Wyo. Stat. Ann. § 35-7-1031 (Michie 1997).”

Show all 278 citing cases →

— Wyo. Stat. § 35-7-1031(a) — 25 cases

State v. Carter, 714 P.2d 1217 (Wyo. 1986).

Gist v. State, 737 P.2d 336 (Wyo. 1987).

White v. Bd. of Trs., Etc., 648 P.2d 528 (Wyo. 1982). “Sections 35-7-1031(a) and (c), 35-7-1036, and 35-7-1039, W.”

Saldana v. State, 846 P.2d 604 (Wyo. 1993). “The offense of which Saldana was convicted is encompassed in Wyo.Stat. § 35-7-1031(a) (1988). That statute provides, in pertinent part, that "it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.”

Sam v. State, 401 P.3d 834 (Wyo. 2017).

— Wyo. Stat. § 35-7-1031(a)(i) — 24 cases

Wells v. State, 846 P.2d 589 (Wyo. 1992).

Ostrowski v. State, 665 P.2d 471 (Wyo. 1983). “Section 35-7-1031(a), supra, provides in pertinent part: “(a) Except as authorized by this act [§§ 35-7-1001 to 35-7-1055], it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.”

Vargas-Rocha v. State, 891 P.2d 763 (Wyo. 1995).

Wheeler v. State, 691 P.2d 599 (Wyo. 1984).

— Wyo. Stat. § 35-7-1031(a)(ii) — 63 cases

Urrutia v. State, 924 P.2d 965 (Wyo. 1996). “ISSUES Appellant presents three issues for our review: ARGUMENT I: I) There was insufficient evidence to convict Appellant, Chad Urrutia, of possession of a controlled substance with intent to deliver under Wyoming Statute § 35-7-1031(a)(ii), given the fact that the State never…”

Wright v. State, 670 P.2d 1090 (Wyo. 1983). “A jury found appellant guilty of an unlawful delivery of Schedule I controlled substance, marijuana, in violation of § 35-7-1031(a)(ii), W.S. 1977. He was sentenced to two to four years in the Wyoming State Penitentiary.”

Burke v. State, 746 P.2d 852 (Wyo. 1987).

Guerra v. State, 897 P.2d 447 (Wyo. 1995).

— Wyo. Stat. § 35-7-1031(a)(iii) — 2 cases

White v. Bd. of Trs., Etc., 648 P.2d 528 (Wyo. 1982). “Sections 35-7-1031(a) and (c), 35-7-1036, and 35-7-1039, W.”

Anderson v. State, 2009 WY 119 (Wyo. 2009).

— Wyo. Stat. § 35-7-1031(a)(iv) — 2 cases

White v. Bd. of Trs., Etc., 648 P.2d 528 (Wyo. 1982). “Sections 35-7-1031(a) and (c), 35-7-1036, and 35-7-1039, W.”

Anderson v. State, 2009 WY 119 (Wyo. 2009).

— Wyo. Stat. § 35-7-1031(b) — 1 case

Apodaca v. State, 627 P.2d 1023 (Wyo. 1981).

— Wyo. Stat. § 35-7-1031(c) — 23 cases

Harmelin v. Michigan, 501 U.S. 957 (1991). “Though the different needs and concerns of other States may induce them to treat simple possession of 672 grams of cocaine as a relatively minor offense, see Wyo. Stat. § 35-7-1031(c) (1988) (6 months); W.”

Paramo v. State, 896 P.2d 1342 (Wyo. 1995).

Montoya v. State, 971 P.2d 134 (Wyo. 1998).

Matter of Marquardt, 778 P.2d 241 (Ariz. 1989).

Demeulenaere v. State, 995 P.2d 132 (Wyo. 2000).

— Wyo. Stat. § 35-7-1031(c)(1) — 1 case

Robert Owen Marshall, III, 2014 WY 168 (Wyo. 2014).

— Wyo. Stat. § 35-7-1031(c)(i) — 5 cases

Brian Neal Gilbert v. The State of Wyoming, 2022 WY 62 (Wyo. 2022).

Demeulenaere v. State, 995 P.2d 132 (Wyo. 2000).

Montoya v. State, 971 P.2d 134 (Wyo. 1998).

Rory Eron Bunnell v. The State of Wyoming, 2021 WY 76 (Wyo. 2021).

David Wayne Gober v. The State of Wyoming, 2025 WY 96 (Wyo. 2025).

— Wyo. Stat. § 35-7-1031(c)(i)(A) — 6 cases

Kennison v. State, 417 P.3d 146 (Wyo. 2018).

In the Interest Of: MC, HC & CC, Minor Child., DL v. State of Wyoming, Dep't of Fam. Servs., 2013 WY 43 (Wyo. 2013).

Melinda Irene Reyes v. The State of Wyoming, 2022 WY 41 (Wyo. 2022).

Landeroz v. State, 267 P.3d 1075 (Wyo. 2011).

Demeulenaere v. State, 995 P.2d 132 (Wyo. 2000).

— Wyo. Stat. § 35-7-1031(c)(i)(C) — 5 cases

Moulton v. State, 2006 WY 152 (Wyo. 2006).

Smith v. State, 964 P.2d 421 (Wyo. 1998).

Farnsworth v. State, 405 P.3d 1067 (Wyo. 2017).

Tony A. Kelly v. The State of Wyoming, 2022 WY 133 (Wyo. 2022).

Albert M. Contreras v. The State of Wyoming, 2021 WY 60 (Wyo. 2021).

— Wyo. Stat. § 35-7-1031(c)(ii) — 10 cases

Lawson v. State, 2010 WY 145 (Wyo. 2010).

Bailey v. State, 12 P.3d 173 (Wyo. 2000).

Cordova v. State, 2001 WY 96 (Wyo. 2001).

Brian Neal Gilbert v. The State of Wyoming, 2022 WY 62 (Wyo. 2022).

Negrette v. State, 2007 WY 88 (Wyo. 2007).

— Wyo. Stat. § 35-7-1031(c)(iii) — 2 cases

Robert Arthur Huckins v. The State of Wyoming, 2020 WY 21 (Wyo. 2020).

Clark v. State, 2006 WY 88 (Wyo. 2006).

— Wyo. Stat. § 35-7-1031(d) — 2 cases

Smith v. State, 964 P.2d 421 (Wyo. 1998).

Mathewson v. State, 438 P.3d 189 (Wyo. 2019). “Mathewson also challenges his conviction for felony possession of a controlled substance, claiming the liquid contained in his water pipe (bong water), which tested positive for methamphetamine, does not constitute "a controlled substance in a liquid form" as contemplated *197…”

— Wyo. Stat. § 35-7-1031(e) — 1 case

Johnson v. State, 695 P.2d 638 (Wyo. 1985).

— Wyo. Stat. § 35-7-1031(e)(i) — 1 case

Montoya v. State, 971 P.2d 134 (Wyo. 1998).

— Wyo. Stat. § 35-7-1031(e)(iii) — 1 case

Callaway v. State, 954 P.2d 1365 (Wyo. 1998).

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