| Marijuana Laws in Wyoming |
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| POSSESSION |
| Under the influence or use |
misdemeanor |
90 days |
$100 |
| 3 oz or less |
misdemeanor |
1 year |
$1,000 |
| More than 3 oz |
felony |
5 years |
$10,000 |
| Within 500 feet of a school |
N/A |
N/A |
additional $500 |
| Possible conditional probation or discharge for first offense. |
| CULTIVATION |
| Any amount |
misdemeanor |
6 months |
$1,000 |
| SALE |
| Any amount |
felony |
10 years |
$10,000 |
| To a minor at least three years younger than seller |
felony |
double penalty |
N/A |
| Within 500 feet of a school |
felony |
2 years MMS* |
$1,000 |
| MISCELLANEOUS |
| Subsequent offenses are subject to double the possible penalties. |
| DETAILS |
Using or being under the influence of marijuana is punishable by up to 90 days in jail and a fine up to $100.
Possession of three ounces or less of marijuana is punishable by up to one year in jail and a fine up to $1,000. Possession of greater than three ounces carries a penalty of up to five years in prison and a fine up to $10,000. Any possession within 500 feet of a school increases the fine by $500. First offenders may be placed on conditional probation and may have the proceedings discharged.
Cultivation of marijuana is punishable by up to six months in jail and a fine of up to $1,000.
Sale or delivery of marijuana is punishable by up to 10 years in prison and a fine up to $10,000. Sale to a minor at least three years younger than the offender doubles the possible prison sentence. Sale within 500 feet of a school requires a mandatory minimum sentence of two years in prison and a fine up to $1,000.
Second and subsequent offenses are subject to double the possible penalties.
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Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
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