Controlled substances-mandatory minimum sentences.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0398

HOUSE BILL
NO.
HB0249

Controlled substances-mandatory minimum sentences.

Sponsored by:
Representative(s) Quarberg, Brechtel, Mercer, Petersen and White and Senator(s) Fecht and
Jennings

A BILL

for

AN ACT relating to controlled substances; providing mandatory minimum sentences for certain offenses involving controlled substances as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 35
‑
7
‑
1031(a)(i
)
,
(ii)
,
(b)(i) and (ii) and 35
‑
7
‑
1059(b), (c)
(intro)
, (d)
(intro)
and (f) are amended to read:

35
‑
7
‑
1031.

Unlawful manufacture or delivery; counterfeit substance; unlawful possession.

(a)

Except as authorized by this act, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance. Any person who violates this subsection with respect to:

(i)

Methamphetamine or a controlled substance classified in Schedule I or II which is a narcotic drug, is guilty of a crime and upon conviction may be imprisoned for not
less than five (5) years nor
more than twenty (20) years, or fined not more than twenty-five thousand dollars ($25,000.00), or both;

(ii)

Any other controlled substance classified in Schedule I, II or III, is guilty of a crime and upon conviction may be imprisoned for not
less than three (3) years nor
more than ten (10) years, fined not more than ten thousand dollars ($10,000.00), or both;

(b)

Except as authorized by this act, it is unlawful for any person to create, deliver, or possess with intent to deliver, a counterfeit substance. Any person who violates this subsection with respect to:

(i)

A counterfeit substance classified in Schedule I or II which is a narcotic drug, is guilty of a crime and upon conviction may be imprisoned for not
less than five (5) years nor
more than twenty (20) years, fined not more than twenty
‑
five thousand dollars ($25,000.00), or both;

(ii)

Any other counterfeit substance classified in Schedule I, II or III, is guilty of a crime and upon conviction may be imprisoned for not
less than three (3) years nor
more than ten (10) years, fined not more than ten thousand dollars ($10,000.00), or both;

35
‑
7
‑
1059.

Unlawful clandestine laboratory operations; methamphetamine precursors; presumptively illegal amount; methamphetamine precursor sales limitations; registration requirements; reports; penalties.

(b)

A person who violates subsection (a) of this section is guilty of a felony punishable by imprisonment for not
less than five (5) years nor
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
less than six (6) years nor
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:

(d)

A person who violates subsection (a) of this section is guilty of a felony punishable by imprisonment for not
less than ten (10) years nor
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:

(f)

A person who knowingly or intentionally violates subsection (e) of this section is guilty of a felony punishable by imprisonment for not
less than four (4) years nor
more than fifteen (15) years, a fine of twenty-five thousand dollars ($25,000.00), or both.

Section 2.
This act is effective July 1, 2007.

(END)

1
HB0249