Wyoming Statutes

Wyo. Stat. § 35-7-1036 (2026)

Distribution to person under 18; drug free

✓ current as of May 2026

Find cases: SyfertCases citing this section WY-LEGwyoleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

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) years of age who
is at least three (3) years his junior is punishable by the fine
authorized by W.S. 35-7-1031(a)(i), by a term of imprisonment of
up to twice that authorized by W.S. 35-7-1031(a)(i), or both.
Except as provided in subsection (c) of this section, any person
eighteen (18) years of age or over who violates W.S. 35-7-
1031(a) by distributing any other controlled substance listed in
Schedules I, II, III, to a person under eighteen (18) years of
age who is at least three (3) years his junior is punishable by
the fine authorized by W.S. 35-7-1031(a)(ii), by a term of
imprisonment up to twice that authorized by W.S. 35-7-
1031(a)(ii), or both. Any person eighteen (18) years of age or
over who violates W.S. 35-7-1031(a) by distributing any
controlled substance listed in Schedule IV to a person under
eighteen (18) years of age who is at least three (3) years his
junior is punishable by the fine authorized by W.S. 35-7-
1031(a)(iii), by a term of imprisonment up to twice that
authorized by W.S. 35-7-1031(a)(iii), or both. Any person
eighteen (18) years of age or over who violates W.S. 35-7-
1031(a) by distributing any controlled substance listed in
Schedule V to a person under eighteen (18) years of age who is
at least three (3) years his junior is punishable by the fine
authorized by W.S. 35-7-1031(a)(iv), by a term of imprisonment
up to twice that authorized by W.S. 35-7-1031(a)(iv), or both.

     (b) Any person who is convicted of any of the following
listed offenses with regard to a controlled substance listed in
Schedules I through IV shall have the penalties specified in
this subsection imposed as part of the sentence and in addition
to any other penalties authorized by law, if that offense was
committed within any school bus as defined in W.S.
31-7-102(a)(xl) or within the boundaries of or within five
hundred (500) feet of the boundaries of real property used by a
school district primarily for the education of any student in
any grade from kindergarten through twelfth grade:

         (i)    If an adult:

               (A) For manufacture, delivery or possession with
intent to manufacture or deliver in violation of W.S.
35-7-1031(a) or subsection (a) of this section:

                       (I)    Imprisonment for a minimum of two (2)
years; and

                       (II)    An additional fine of one thousand
dollars ($1,000.00).

               (B) For possession in violation of W.S.
35-7-1031(c) an additional fine of five hundred dollars
($500.00).

          (ii) If a minor and if not sentenced to a term of
imprisonment which is unsuspended:

               (A) For manufacture, delivery or possession with
intent to manufacture or deliver in violation of W.S.
35-7-1031(a):

                    (I) Successful completion of a drug
education or rehabilitation program specified by the court;

                    (II) Not less than twenty-five (25) nor
more than two hundred (200) hours of community service specified
by the court; and

                       (III)   Submission to monthly drug testing
for one (1) year.

                (B)    For possession in violation of W.S.
35-7-1031(c):

                    (I) Successful completion of a drug
education or rehabilitation program specified by the court;

                    (II) Not less than twenty-five (25) nor
more than one hundred (100) hours of community service specified
by the court; and
                      (III)   Submission to monthly drug testing
for six (6) months.

     (c) Any person who is at least eighteen (18) years of age
who violates W.S. 35-7-1031(a) by distributing fentanyl to a
person under eighteen (18) years of age is guilty of a felony
punishable by the fine authorized by W.S. 35-7-1031(a)(ii), by a
term of imprisonment up to twice that authorized by W.S. 35-7-
1031(a)(ii), or both. As used in this subsection, "fentanyl"
includes fentanyl and any isomer, ester, ether, salt and salt of
isomers, esters and ethers of fentanyl, whenever the existence
of these isomers, esters, ethers and salts is possible within
the specific chemical designation of fentanyl.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1982–2022 · leading case: Lobatos v. State, 875 P.2d 716 (Wyo. 1994).

Sort: Relevance Newest Treatment

Lobatos v. State, 875 P.2d 716 (Wyo. 1994). · cites it 5× “However, if the delivery is to a person under eighteen who is at least three years junior to the deliverer, Wyo.Stat. § 35-7-1036(a) (1988) authorizes the penalty under § 35-7-1031(a) to double.”

Roeschlein v. State, 2007 WY 156 (Wyo. 2007). · cites it 4× “00), or both; Wyo. Stat. Ann. § 35-7-1036 (a) states, in relevant part: Any person eighteen (18) years of age or over who violates W.”

Hughes v. State, 65 P.3d 378 (Wyo. 2003). · cites it 4× “[¶ 8] Hughes was charged with possession with the intent to deliver committed in violation of Wyo. Stat. Ann. § 35-7-1036 (b)(i)(A). Hughes made a motion to suppress all evidence gathered as a result of the search.”

White v. Bd. of Trs., Etc., 648 P.2d 528 (Wyo. 1982). · cites it 4× “" Section 35-7-1036, W.S. 1977: "Any person eighteen (18) years of age or over who violates section 31(a) [§ 35-7-1031(a)] by distributing a controlled substance listed in Schedules I or II which is a narcotic drug to a person under eighteen (18) years of age who is at least…”

Commonwealth v. Alvarez, 596 N.E.2d 325 (Mass. 1992). · cites it 2× “); Wyo. Stat. § 35-7-1036 (1991). 9 Ala. Code § 13A-12-250 (1991 Supp.”

Taylor v. State, 2011 WY 18 (Wyo. 2011). · cites it 4× “The appellant does not dispute the sufficiency of the evidence regarding the "intent to deliver" element, or the "within five hundred feet" of a school zone element of the crimes for which he was convicted.”

Anderson v. State, 2009 WY 119 (Wyo. 2009). · cites it 6× “Anderson with three felony counts of delivery of a controlled substance to a minor in violation of Wyo. Stat. Ann. §§ 35-7-1036 (a) (LexisNexis 2009) and 35-7-1031(a)(ii) (Lex-isNexis 2009).”

Craney v. State, 798 P.2d 1202 (Wyo. 1990). “W.S. 35-7-1036 provides in pertinent part that: Any person eighteen (18) years of age or over who violates W.”

Dana Lee Sherard v. The State of Wyoming, 2022 WY 37 (Wyo. 2022). · cites it 2× “§ 14-3-107 ; and Delivery of Methamphetamine to a Juvenile in violation of Wyo. Stat. Ann. § 35-7-1036 . On May 24, 2018, pursuant to a plea agreement, Mr.”

Bd. of Prof'l Responsibility v. Ingram, 2010 WY 131 (Wyo. 2010). “1977, as amended, §35-7-1031 (a)(ii): §35-7-1036(b)and §6-1-201. On March 10, 2010.”

— Wyo. Stat. § 35-7-1036(a) — 1 case

Lobatos v. State, 875 P.2d 716 (Wyo. 1994). “However, if the delivery is to a person under eighteen who is at least three years junior to the deliverer, Wyo.Stat. § 35-7-1036(a) (1988) authorizes the penalty under § 35-7-1031(a) to double.”

— Wyo. Stat. § 35-7-1036(b) — 1 case

Bd. of Prof'l Responsibility v. Ingram, 2010 WY 131 (Wyo. 2010). “1977, as amended, §35-7-1031 (a)(ii): §35-7-1036(b)and §6-1-201. On March 10, 2010.”

— Wyo. Stat. § 35-7-1036(b)(i)(A) — 1 case

Hughes v. State, 65 P.3d 378 (Wyo. 2003). “[¶ 8] Hughes was charged with possession with the intent to deliver committed in violation of Wyo. Stat. Ann. § 35-7-1036 (b)(i)(A). Hughes made a motion to suppress all evidence gathered as a result of the search.”

— Wyo. Stat. § 35-7-1036(b)(i)(A)(I) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.