Wyoming Statutes

Wyo. Stat. § 35-7-1038 (2026)

Second or subsequent offenses; mandatory

✓ current as of May 2026
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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
authorized, fined an amount up to twice that otherwise
authorized, or both. The judge may suspend part or all of the
discretionary portion of an imprisonment sentence or fine under
this subsection and place the defendant on probation pending
successful completion, at the defendant's own expense, of a
chemical addiction evaluation or treatment program prescribed by
the judge.

     (b) For purposes of subsection (a) of this section, an
offense is a second or subsequent offense if, prior to his
conviction of the offense, the offender has at any time been
convicted under this act or under any statute of the United
States or of any state relating to narcotic drugs, marijuana,
depressant, stimulant or hallucinogenic drugs.

     (c) This section shall not apply to offenses under W.S.
35-7-1031(c).
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2012–2026 · leading case: McWilliams v. State, 289 P.3d 780 (Wyo. 2012).
McWilliams v. State, 289 P.3d 780 (Wyo. 2012). “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…”
Anthony M. Fuentes v. The State of Wyoming (Wyo. 2026). · cites it 2× “” Wyo. Stat. Ann. § 35-7-1042 states that any “person who attempts or conspires to commit any offense under this article within the state of Wyoming .”
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