Wyoming Statutes
Wyo. Stat. § 35-7-1059 (2026)
Unlawful clandestine laboratory operations;
✓ current as of May 2026
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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 or II controlled substance
precursor with the intent to engage in a clandestine laboratory
operation;
(ii) Possess laboratory equipment or supplies with
the intent to engage in a clandestine laboratory operation;
(iii) Sell, distribute or otherwise supply a List I
or II controlled substance precursor, laboratory equipment or
laboratory supplies knowing it will be used for a clandestine
laboratory operation;
(iv) Conspire with or aid another to engage in a
clandestine laboratory operation.
(b) A person who violates subsection (a) of this section
is guilty of a felony punishable by imprisonment for not more
than twenty (20) years, a fine of not more than twenty-five
thousand dollars ($25,000.00), or both.
(c) A person who violates subsection (a) of this section
is guilty of a felony punishable by imprisonment for not more
than twenty-five (25) years, a fine of not more than fifty
thousand dollars ($50,000.00), or both if the judge or jury also
finds any one (1) of the following conditions occurred in
conjunction with that violation:
(i) Illegal possession, transportation or disposal of
hazardous or dangerous material or while transporting or causing
to be transported materials in furtherance of a clandestine
laboratory operation, there was created a substantial risk to
human health or safety or a danger to the environment;
(ii) The intended laboratory operation was to take
place or did take place within five hundred (500) feet of a
residence, business, church or school; or
(iii) Any phase of the clandestine laboratory
operation was conducted in the presence of a person less than
eighteen (18) years of age.
(d) A person who violates subsection (a) of this section
is guilty of a felony punishable by imprisonment for not more
than forty (40) years, a fine of not more than one hundred
thousand dollars ($100,000.00), or both if the judge or jury
also finds any one (1) of the following conditions occurred in
conjunction with that violation:
(i) Use of a firearm;
(ii) Use of a booby trap.
(e) Except as provided in this subsection, no person shall
possess a drug product containing more than fifteen (15) grams
of ephedrine, pseudoephedrine or phenylpropanolamine, or their
salts, isomers or salts of isomers. This subsection shall not
apply to the following persons who are lawfully possessing drug
products in the course of legitimate business:
(i) A retail distributor or wholesaler of drug
products registered with the board;
(ii) A wholesale drug distributor licensed by the
board;
(iii) A drug manufacturer licensed by the board;
(iv) A pharmacist licensed by the board;
(v) A licensed health care professional possessing
the drug products in the course of practicing his profession;
(vi) A person in possession of more than fifteen (15)
grams of methamphetamine precursor drugs in the person's home or
residence under circumstances consistent with typical medicinal
or household use as indicated by, but not limited to, storage
location and possession of products in a variety of strengths,
brands, types, purposes and expiration dates.
(f) A person who knowingly or intentionally violates
subsection (e) of this section is guilty of a felony punishable
by imprisonment for not more than fifteen (15) years, a fine of
twenty-five thousand dollars ($25,000.00), or both.
(g) The retail sale of methamphetamine precursor drugs
shall be limited as follows:
(i) No person shall obtain more than a total of three
and six-tenths (3.6) grams per calendar day, regardless of the
number of transactions, of one (1) or more methamphetamine
precursor drugs, calculated in terms of the active equivalent of
ephedrine base, pseudoephedrine base or phenylpropanolamine
base;
(ii) Sales in blister packs, each blister containing
not more than two (2) dosage units or, when the use of blister
packs is not technically feasible, sales in unit dose packets or
pouches;
(iii) No person shall obtain more than nine (9) grams
of ephedrine base, pseudoephedrine base or phenylpropanolamine
base, of which no more than seven and one-half (7.5) grams can
be imported by private or commercial carrier or the United
States postal service, during any thirty (30) day period.
(h) No person shall sell in a single retail transaction
more than two (2) packages of a product containing
methamphetamine precursor drugs. The seller shall maintain a
written or electronic list of such sales in a logbook that
identifies the products by name, the quantity sold, the names
and addresses of purchasers, and the date and time of the sales
except that such requirement does not apply to any purchase by
an individual of a single sales package if that package contains
not more than sixty (60) milligrams of pseudoephedrine. The
seller shall maintain each entry in the logbook for not fewer
than two (2) years after the date on which the entry is made.
The regulated seller who in good faith releases logbook
information to federal, state or local law enforcement
authorities is immune from civil liability for such release
unless the release constitutes gross negligence or intentional,
wanton or willful misconduct.
(j) A retail distributor of products containing
methamphetamine precursors shall sell them in one (1) of the
following ways:
(i) Product packages are displayed behind a store
counter, in an area not accessible to customers;
(ii) Product packages are displayed in a locked case
so that a customer must ask a store employee for assistance in
purchasing the product;
(iii) Product packages are displayed within thirty
(30) feet of and in the direct line of sight of a cash register
or store counter staffed by a store employee and the store
employs a reliable alarm system to prevent the theft of multiple
product packages;
(iv) Product packages are displayed in a location
that is under constant video surveillance and:
(A) Persons examining or removing packages are
within the camera's view;
(B) The video camera records recognizable images
at least once every ten (10) seconds;
(C) Surveillance images are preserved for at
least one hundred sixty-eight (168) hours and are available to
law enforcement authorities immediately upon request;
(D) The retail distributor posts a sign in a
prominent manner stating that the area is under constant video
surveillance;
(E) The retail distributor reports to local law
enforcement any theft or suspected thefts.
(k) A person who intentionally or knowingly violates
subsection (g), (h) or (j) of this section is guilty of a
misdemeanor punishable by a fine of one hundred dollars
($100.00) for a first offense, five hundred dollars ($500.00)
for a second offense within two (2) years and one thousand
dollars ($1,000.00) and up to six (6) months imprisonment, or
both, for a third offense within three (3) years.
(m) A resident or nonresident retailer, manufacturer or
wholesaler who distributes ephedrine, pseudoephedrine or
phenylpropanolamine, or their salts, isomers or salts of isomers
in Wyoming shall:
(i) Register with the board by submitting an
application on a form prescribed by the board and pay a
registration fee of twenty-five dollars ($25.00). Where the
retailer, manufacturer or wholesaler distributions are conducted
at more than one (1) location, each location shall be separately
registered. Except as provided in subsection (n) of this
section, those facilities registered with the board under W.S.
35-7-1024 on July 1, 2005, shall not be required to register
under this section;
(ii) Notify the board of the occurrence of any of the
following:
(A) The permanent closing of the retailer,
manufacturer or wholesaler outlet;
(B) A change in ownership, name, management or
location.
(iii) Be subject to inspection by the board.
Inspections shall be conducted during normal business hours and
shall be limited to the following:
(A) For retail distribution, inspection of the
method of display and sale of any drug products covered by this
section;
(B) For manufacturer or wholesaler distribution,
inspection of the purchase and sale records of any drug products
covered by this section.
(iv) Display the registration issued by the board in
a conspicuous location in the place of business;
(v) Repealed By Laws 2011, Ch. 45, § 2.
(n) A registration issued under this section shall be
renewed annually, on or before September 30, by submitting a
renewal application supplied by the board and paying the renewal
fee of twenty-five dollars ($25.00). Renewal applications
postmarked after September 30 shall be subject to a late fee of
fifty dollars ($50.00) which shall be in addition to the renewal
fee.
(o) The board may revoke, suspend or assess an
administrative penalty for violations of subsection (m) of this
section not to exceed one hundred dollars ($100.00) for a first
offense, five hundred dollars ($500.00) for a second offense
within two (2) years and one thousand dollars ($1,000.00) for a
third offense within three (3) years. Any administrative
penalty assessed shall be paid to the board who shall remit the
monies to the county treasurer to the credit of the public
school fund of the county in which the violation occurred.
(p) For purposes of this section, "methamphetamine
precursor drug" means any product that contains ephedrine,
pseudoephedrine or phenylpropanolamine or liquid products with
ephedrine or pseudoephedrine as the sole active ingredient and
may be marketed or distributed lawfully in the United States
under the Federal Food, Drug and Cosmetic Act as a
nonprescription drug.
Article X.Notes of Decisions
Cited in 12
cases, 2001–2011 · leading case: Baker v. State, 2011 WY 123 (Wyo. 2011).
Baker v. State, 2011 WY 123 (Wyo. 2011). “3d at 557 , he remained convicted on four charges: Count I for possession of a controlled substance precursor with the intent to engage in a clandestine laboratory operation, in violation of Wyo. Stat. Ann. § 35-7-1059 (a)(i) (LexisNexis 2007); Count II for conspiracy to engage…”
Browning v. State, 2001 WY 93 (Wyo. 2001). “§ 85-7-1058 (a)(iv) (LexisNexis 2001) contains items one ordinarily can lawfully possess, and the statute fails to adequately define the circumstances from which one can infer that an actor "intended" to engage in a clandestine laboratory operation as required by Wyo. Stat. Ann.…”
Baker v. State, 2010 WY 6 (Wyo. 2010). “[¶7] In January of 2007, Baker was charged with six counts: one count of possessing a controlled substance precursor with intent to engage in a clandestine laboratory operation, in violation of Wyo. Stat. Ann. § 35-7-1059 (a)(i) (LexisNexis 2009), one count of conspiracy to…”
Meadows v. State, 2003 WY 37 (Wyo. 2003). “§ 6-5-204 (a) (LexisNexis 2001) and one count of either knowingly possessing a List I or II controlled substance precursor with the intent to engage in a clandestine laboratory operation in violation of Wyo. Stat. Ann. § 35-7-1059 (a)(i) (Lexis-Nexis 2001) or conspiring with or…”
Statezny v. State, 2001 WY 22 (Wyo. 2001). “§ 85-7-1058 and W.S. § 35-7-1059 are unconstitutionally vague facially and as applied to the facts of this case, denying him due process of law, because they provide no standard of conduct or notice of forbidden conduct and it allows for arbitrary and discriminatory enforcement?…”
Vassar v. State, 2004 WY 125 (Wyo. 2004). “[110] The appellant was charged with possessing laboratory equipment or supplies with intent to engage in a clandestine laboratory operation in violation of Wyo. Stat. Ann. § 35-7-1059 (a)ii) and (b) (LexisNexis 2008), a felony.”
Innis v. State, 2003 WY 66 (Wyo. 2003). “Wyo. Stat. Ann. § 35-7-1059 (LexisNexis 2001) states: *415 § 35-7-1039.”
Wenger v. State, 2007 WY 121 (Wyo. 2007). “Wenger guilty of one count in violation of § 35-7-1059(a)iv) and imposing one sentence.”
Pine v. State, 37 P.3d 368 (Wyo. 2001). “ISSUE II Whether Wyo. Stat. Ann. § 35-7-1059 (a)@) (LEXIS 1999) is unconstitutional.”
Hall v. State, 2005 WY 35 (Wyo. 2005). “Wyo. Stat. Ann. § 35-7-1059 (LexisNexis 2003) provides: *501 § 35-7-1059.”
Holzheuser v. State, 2007 WY 160 (Wyo. 2007). “Wenger was charged with one count of conspiring with another to engage in a clandestine laboratory operation in violation of § 35-7-1059(a)fiv) and a second count of aiding another to engage in a clandestine laboratory operation in violation of the same statute.”
Bd. of Prof'l Responsibility v. Strand, 143 P.3d 351 (Wyo. 2006). “On 4 May 2006, Strand agreed to plead guilty to Conspiracy to Manufacture a Controlled Substance in violation of W.S. 35-7-1059(a)(ii) and 35-7-1031(a)(i).”
— Wyo. Stat. § 35-7-1059(a) — 4 cases
Baker v. State, 2010 WY 6 (Wyo. 2010). “[¶7] In January of 2007, Baker was charged with six counts: one count of possessing a controlled substance precursor with intent to engage in a clandestine laboratory operation, in violation of Wyo. Stat. Ann. § 35-7-1059 (a)(i) (LexisNexis 2009), one count of conspiracy to…”
Holzheuser v. State, 2007 WY 160 (Wyo. 2007). “Wenger was charged with one count of conspiring with another to engage in a clandestine laboratory operation in violation of § 35-7-1059(a)fiv) and a second count of aiding another to engage in a clandestine laboratory operation in violation of the same statute.”
Wenger v. State, 2007 WY 121 (Wyo. 2007). “Wenger guilty of one count in violation of § 35-7-1059(a)iv) and imposing one sentence.”
Pine v. State, 37 P.3d 368 (Wyo. 2001). “ISSUE II Whether Wyo. Stat. Ann. § 35-7-1059 (a)@) (LEXIS 1999) is unconstitutional.”
— Wyo. Stat. § 35-7-1059(a)(ii) — 1 case
Bd. of Prof'l Responsibility v. Strand, 143 P.3d 351 (Wyo. 2006). “On 4 May 2006, Strand agreed to plead guilty to Conspiracy to Manufacture a Controlled Substance in violation of W.S. 35-7-1059(a)(ii) and 35-7-1031(a)(i).”
— Wyo. Stat. § 35-7-1059(a)(iv) — 4 cases
Meadows v. State, 2003 WY 37 (Wyo. 2003). “§ 6-5-204 (a) (LexisNexis 2001) and one count of either knowingly possessing a List I or II controlled substance precursor with the intent to engage in a clandestine laboratory operation in violation of Wyo. Stat. Ann. § 35-7-1059 (a)(i) (Lexis-Nexis 2001) or conspiring with or…”
Wenger v. State, 2007 WY 121 (Wyo. 2007). “Wenger guilty of one count in violation of § 35-7-1059(a)iv) and imposing one sentence.”
Baker v. State, 2010 WY 6 (Wyo. 2010). “[¶7] In January of 2007, Baker was charged with six counts: one count of possessing a controlled substance precursor with intent to engage in a clandestine laboratory operation, in violation of Wyo. Stat. Ann. § 35-7-1059 (a)(i) (LexisNexis 2009), one count of conspiracy to…”
Baker v. State, 2011 WY 123 (Wyo. 2011). “3d at 557 , he remained convicted on four charges: Count I for possession of a controlled substance precursor with the intent to engage in a clandestine laboratory operation, in violation of Wyo. Stat. Ann. § 35-7-1059 (a)(i) (LexisNexis 2007); Count II for conspiracy to engage…”
— Wyo. Stat. § 35-7-1059(c)(ii) — 1 case
Statezny v. State, 2001 WY 22 (Wyo. 2001). “§ 85-7-1058 and W.S. § 35-7-1059 are unconstitutionally vague facially and as applied to the facts of this case, denying him due process of law, because they provide no standard of conduct or notice of forbidden conduct and it allows for arbitrary and discriminatory enforcement?…”
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