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Marijuana Laws in Wyoming
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.


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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