Wyoming Statutes

Wyo. Stat. § 35-7-1037 (2026)

Probation and discharge of first offenders.

✓ current as of May 2026

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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, pleads guilty to
or is found guilty of possession of a controlled substance under
W.S. 35-7-1031(c) or 35-7-1033(a)(iii)(B), or pleads guilty to
or is found guilty of using or being under the influence of a
controlled substance under W.S. 35-7-1039, the court, without
entering a judgment of guilt and with the consent of the
accused, may defer further proceedings and place him on
probation upon terms and conditions. Any term of probation
imposed under this section for a felony offense shall not exceed
the maximum term of probation authorized under W.S. 7-13-302(b).
Upon violation of a term or condition, the court may enter an
adjudication of guilt and proceed as otherwise provided. Upon
fulfillment of the terms and conditions, the court shall
discharge the person and dismiss the proceedings against him.
Discharge and dismissal under this section shall be without
adjudication of guilt and is not a conviction for purposes of
this section or for purposes of disqualifications or
disabilities imposed by law upon conviction of a crime,
including the additional penalties imposed for second or
subsequent convictions under W.S. 35-7-1038. There may be only
one (1) discharge and dismissal under this section with respect
to any person. This section shall not be construed to provide an
exclusive procedure. Any other procedure provided by law
relating to suspension of trial or probation, may be followed,
in the discretion of the trial court.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1984–2026 · leading case: Billis v. State, 800 P.2d 401 (Wyo. 1990).

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Billis v. State, 800 P.2d 401 (Wyo. 1990). “W.S. 35-7-1037 (June 1988 Repl.) also provides a procedure for probation and discharge of first-time drug offenders.”

Lizabeth Moreno Hurtado v. The State of Wyoming, 2023 WY 63 (Wyo. 2023). “7-13-302(a) or placed on probation under W.S. 35-7-1037. Wyo. Stat. Ann. § 7-13-1303 (a) (LexisNexis 2021).”

McWilliams v. State, 289 P.3d 780 (Wyo. 2012). · cites it 4× “Wyo. Stat. Ann. § 35-7-1037 reads as follows: Whenever any person who has not previously been convicted of any offense under this act or *782 under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic…”

Stanton v. State, 686 P.2d 587 (Wyo. 1984). “1977, re habitual criminals generally, §§ 35-7-1037 and 35-7-1038, W.S.1977, re offenders under the Controlled Substances Act, § 31-5-1201, W.”

United Transp. Union v. Union Pac. R.R., 593 F. Supp. 1193 (D. Wyo. 1984). · cites it 3× “Bannon entered a guilty plea pursuant to W.S. § 35-7-1037, misdemeanor possession of a controlled substance, and all other charges were dropped.”

Aaron R. Maki v. The State of Wyoming, 2026 WY 32 (Wyo. 2026). · cites it 3× “Wyoming Statute § 35-7-1037 (2023) states: 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,…”

Kruzich v. State, 800 P.2d 489 (Wyo. 1990). “7-13-301, the prosecutor responded that he could not agree to such treatment because of the nature of the crime, the nature of the substance concerned, and also because W.S. 35-7-1037 (June 1988 Repl.) provides that a district court may impose a sentence, much like that provided…”

Cooper v. State, 431 P.3d 1126 (Wyo. 2018). “7-13-302(a) or placed on probation under W.S. 35-7-1037. The sentence or probation order shall set forth the terms of a treatment program based upon the substance abuse assessment and any other terms and conditions as the court may deem appropriate under the circumstances, and…”

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