Cheyenne · Laramie County · Wyoming · (307) 333-7539
Most drug possession cases in Wyoming start with a traffic stop. Most of them are decided in the first few weeks, when it is settled whether the case becomes a conviction or a deferral that leaves no conviction behind.
Wyoming is harder on possession than its neighbors. Cannabis bought legally in Colorado becomes illegal the moment it crosses the state line, and the I-25 and I-80 corridors are where that gets discovered.
What the State has to prove
That you knowingly possessed a controlled substance. Possession can be actual (in your pocket) or constructive (in a shared car, a shared apartment, a bag on the floor). Constructive possession is where many cases are contested: being near drugs is not possessing them. The State must also prove what the substance is and how much there was, usually through a lab report.
How serious it is
The grade depends on the substance, the amount, and your record, under Wyo. Stat. § 35-7-1031(c).
| Substance | Amount / record | Grade and maximum |
|---|---|---|
| Marijuana and other plant form | 3 ounces or less | Misdemeanor: up to 12 months and a $1,000 fine |
| Powder or crystalline form, including methamphetamine | 3 grams or less | Misdemeanor: up to 12 months and a $1,000 fine |
| Liquid form, including THC oil and vape cartridges | 3/10 of a gram or less | Misdemeanor: up to 12 months and a $1,000 fine. A typical cartridge is over this line. |
| Methamphetamine or a Schedule I or II narcotic above the misdemeanor amount | Above the amounts in § 35-7-1031(c)(i) | Felony: up to 7 years and a $15,000 fine |
| Third or subsequent possession offense | Even at a misdemeanor quantity, including out-of-state priors | Felony: up to 5 years and a $5,000 fine |
Those lines are in Wyo. Stat. § 35-7-1031(c). Under § 35-7-1031(d) the State weighs the drug together with any carrier or cutting agent, not just the pure substance. That is how one THC cartridge becomes a felony.
The first-offense path
For a first possession offense, Wyoming allows a conditional discharge under § 35-7-1037. You complete the court’s terms and the case is dismissed without a conviction. The option is widest before a plea and narrows quickly after. One caution: a completed deferral is not expunged the usual way. See our Expungement page for how the record gets corrected.
Where these cases are won
- The stop and its length. A traffic stop cannot be stretched to wait for a drug dog without new suspicion.
- Consent. Whether a “yes” to a search was truly voluntary.
- Constructive possession. Whose car, whose bag, whose room.
- The lab. Identity, weight, and chain of custody.
What a conviction costs beyond the sentence
Firearm rights, commercial driving privileges, professional licensing, employment screening, housing, and immigration status for non-citizens. For most first-time clients, avoiding the conviction is worth more than anything that happens at sentencing.
Both chairs
Francis H. McVay has sat on both sides of the courtroom. As a Deputy County and Prosecuting Attorney in Park County, he charged misdemeanors and felonies and handled juvenile and Title 25 matters. As Senior Assistant Appellate Counsel with the Wyoming State Public Defender, he briefed and argued Walker v. State, 2022 WY 158, in which the Wyoming Supreme Court reversed two convictions under plain-error review and ordered a new trial on them. He is a graduate of the Gerry Spence Trial Lawyers College. He knows how the State builds a case, and he knows how the record reads when a higher court looks at it.
Mr. McVay briefed and argued Walker v. State as Senior Assistant Appellate Counsel for the Wyoming State Public Defender. The matter was not handled by Deep Waters Law, L.L.C. Prior results do not guarantee a similar outcome in any other matter.
Frequently asked questions
I bought it legally in Colorado. Does that matter?
Not to the charge. Possession is judged under Wyoming law where you are found. It can matter to how the case is negotiated.
It was not my car. Can I still be charged?
Yes, under constructive possession. The State still has to prove you knew about the drugs and had control over them, and that is often the weakest part of its case.
Can I avoid a conviction on a first offense?
Often, through a conditional discharge under § 35-7-1037, if you qualify and the option is pursued before a plea.
Talk to a lawyer today
The best outcome in a possession case is usually the one negotiated before the first plea. Call before your arraignment.
Call (307) 333-7539. Answered 24/7, including weekends. Or request a free consultation.
Related
The law is not settled until it is just.
This page describes Wyoming law in general terms as of September 2026 and is not legal advice. Every matter turns on its own facts. Contacting Deep Waters Law does not create an attorney-client relationship.