reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1022 - Substances Included in Schedule V.

35-7-1022. Substances included in Schedule V.
(a) The controlled substances listed in this section are included in Schedule V. Schedule V shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated in this section.
(b) Narcotic drugs containing nonnarcotic active medicinal ingredients.-Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in paragraphs (i) through (vi) of this subsection which also contains one (1) or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone:
(i) Not more than two hundred (200) milligrams of codeine per one hundred (100) milliliters or per one hundred (100) grams;
(ii) Not more than one hundred (100) milligrams of dihydrocodeine per one hundred (100) milliliters or per one hundred (100) grams;
(iii) Not more than one hundred (100) milligrams of ethylmorphine per one hundred (100) milliliters or per one hundred (100) grams;
(iv) Not more than two and five-tenths (2.5) milligrams of diphenoxylate and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit;
(v) Not more than one hundred (100) milligrams of opium per one hundred (100) milliliters or per one hundred (100) grams;
(vi) Not more than five-tenths (0.5) milligram of difenoxin and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit.
(c) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts, as set forth below:
(i) Repealed by Laws 2007, Ch. 40, 2.
(d) Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:
(i) Pyrovalerone.
(e) Repealed By Laws 2011, Ch. 45, 2.
(f) Depressants.-Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:
(i) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide];
(ii) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].
Article IV.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1023 - Board of Pharmacy to Administer Registration Requirements; Rules; Fees.

35-7-1023. Board of pharmacy to administer registration requirements; rules; fees.
The Wyoming state board of pharmacy shall have the responsibility for administering the registration requirements of this article, and may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1024 - Registration Requirements.

35-7-1024. Registration requirements.
(a) Every person who manufactures, distributes or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution or dispensing of any controlled substance within this state, must obtain every two (2) years, on or before July 1, a registration issued by the board in accordance with its rules. Any registrant who fails to renew his registration by July 1 of each renewal year shall be charged a late fee. If the failure to renew continues past September 30 of the renewal year, the registration shall be cancelled and the United States drug enforcement administration notified for cancellation of the registrant's federal registration.
(b) Persons registered by the board under this act to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this article.
(c) The following persons need not register and may lawfully possess controlled substances under this act:
(i) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if he is acting in the usual course of his legitimate business or employment;
(ii) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;
(iii) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance.
(d) The board may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers if it finds it consistent with the public health and safety.
(e) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances.
(f) The board may inspect the establishment of a registrant or applicant for registration in accordance with the rules and regulations promulgated by the board.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1025 - Registration of Manufacturers and Distributors; Controlled Substance Prescription Tracking Program Enrollment.

35-7-1025. Registration of manufacturers and distributors; controlled substance prescription tracking program enrollment.
(a) The board shall register an applicant to manufacture or distribute controlled substances included in W.S. 35-7-1014, 35-7-1016, 35-7-1018, 35-7-1020 and 35-7-1022 unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors:
(i) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
(ii) Compliance with applicable state and local law;
(iii) Any convictions of the applicant under any federal and state laws relating to any controlled substance;
(iv) Past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;
(v) Furnishing by the applicant of false or fraudulent material in any application filed under this act;
(vi) Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and
(vii) Any other factors relevant to and consistent with the public health and safety.
(b) Registration under subsection (a) of this section does not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II other than those specified in the registration.
(c) Practitioners shall be registered to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under the law of this state. The board need not require separate registration under this article for practitioners engaging in research with nonnarcotic controlled substances in Schedules II through V where the registrant is already registered under this article in another capacity. Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this state upon furnishing the board evidence of that federal registration. The board shall enroll any practitioner registered under this subsection in the controlled substance prescription tracking program maintained by the board under W.S. 35-7-1060 if the practitioner is authorized to dispense any controlled substances in Schedules II through V. The board may promulgate rules and regulations for purposes of enrolling those practitioners in the tracking program.
(d) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1026 - Suspension or Revocation of Registration.

35-7-1026. Suspension or revocation of registration.
(a) A registration under W.S. 35-7-1025 to manufacture, distribute or dispense a controlled substance may be suspended or revoked by the board upon a finding that the registrant:
(i) Has furnished false or fraudulent material information in any application filed under this act;
(ii) Has been convicted of a felony or misdemeanor involving moral turpitude under any state or federal law relating to any controlled substance;
(iii) Has had his federal registration suspended or revoked to manufacture, distribute or dispense controlled substances;
(iv) Has willfully violated any of the provisions of this act, or any rules and regulations relating to controlled substances;
(v) Has failed to provide adequate security for the storage of controlled substances to the extent that repeated diversions have occurred; or
(vi) Has voluntarily surrendered his license to practice, or has had his license revoked or suspended, or the renewal thereof has been denied or lapsed for cause by his professional licensing board.
(b) The board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
(c) If the board suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the state.
(d) The board shall promptly notify the bureau of all orders suspending or revoking registration and all forfeitures of controlled substances.
(e) In the case of a revocation or suspension sought by the board's staff under paragraph (a)(ii), (iii) or (vi) of this section, a copy of an order or other appropriate documents from a court or administrative agency, certified by the clerk, judge, secretary or executive director thereof, evidencing a revocation, suspension, voluntary suspension or conviction of a felony, shall be conclusive evidence of the conviction, revocation or suspension of the federal registration, or the loss of the license to practice.
(f) The board, by regulation, may adopt procedures under which the denial, suspension, revocation or denial of renewal of a registration may be resolved by mutual agreement between the registrant or applicant and the board's staff, subject to prior approval by the board.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1027 - Order to Show Cause Before Denial, Suspension, Revocation or Refusal to Renew Registration; Emergency Suspension.

35-7-1027. Order to show cause before denial, suspension, revocation or refusal to renew registration; emergency suspension.
(a) Before denying, suspending, or revoking a registration, or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended, or why the renewal should not be refused. The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the board at a time and place not less than thirty (30) days after the date of service of the order, but in the case of a denial or renewal of registration the show cause order shall be served not later than thirty (30) days before the expiration of the registration. These proceedings shall be conducted in accordance with the Wyoming Administrative Procedure Act without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing.
(b) The board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under W.S. 35-7-1026, or where renewal of registration is refused, if it finds there is imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1028 - Records and Inventories Required of Registrants.

35-7-1028. Records and inventories required of registrants.
Persons registered to manufacture, distribute, or dispense controlled substances under this act shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law and with any additional rules the board issues.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1029 - Order Forms Required for Distribution of Substances in Schedules I and Ii.

35-7-1029. Order forms required for distribution of substances in Schedules I and II.
Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1030 - Prescriptions Required in Certain Instances.

35-7-1030. Prescriptions required in certain instances.
(a) Repealed by Laws 2019, ch. 153, 1.
(b) In emergency situations, as defined by rule of the board, Schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of W.S. 35-7-1028. No prescription for a Schedule II substance may be refilled.
(c) Repealed by Laws 2019, ch. 153, 1.
(d) No controlled substances included in any schedule may be distributed or dispensed for other than an acceptable medical indication.
(e) No practitioner shall prescribe nor shall any person dispense any opioid or combination of opioids for acute pain to an opioid naive patient for more than a seven (7) day supply in a seven (7) day period. The board shall by rule establish reasonable exceptions to this section, in consultation with other professional licensing boards that license practitioners, including exceptions for chronic pain, cancer treatment, palliative care and other clinically appropriate exceptions. As used in this subsection:
(i) "Opioid" means an opiumlike compound that binds to one (1) or more of the major opioid receptors in the body;
(ii) "Opioid naive patient" means a patient who has not had an active opioid prescription in the preceding forty-five (45) day period.
(f) On and after January 1, 2021, except when dispensed directly by a practitioner other than a pharmacy to an ultimate user, no controlled substance included in any schedule shall be dispensed without the electronic prescription of a practitioner. The prescription for a controlled substance included in Schedule III or IV shall not be filled or refilled more than six (6) months after the date of the prescription or be refilled more than five (5) times unless renewed by the practitioner. The board may by rule and regulation provide exemptions from the requirements of this subsection including exemptions for emergencies and technical failures.
Article V
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1032 - Certain Unlawful Acts Particularly Applicable to Registrants.

35-7-1032. Certain unlawful acts particularly applicable to registrants.
(a) It is unlawful for any person:
(i) Who is subject to Article IV to distribute or dispense a controlled substance in violation of W.S. 35-7-1030;
(ii) Who is a registrant, to manufacture a controlled substance not authorized by his registration, or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;
(iii) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this act;
(iv) To refuse an entry into any premises for any inspection authorized by this act; or
(v) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this act for the purpose of using these substances, or which is used for keeping or selling them in violation of this act.
(b) Any person who violates this section is punishable by a civil fine of not more than ten thousand dollars ($10,000.00); provided, that if the violation is prosecuted by a complaint, information or indictment which alleges that the violation was committed knowingly or intentionally, and the trier of fact specifically finds that the violation was committed knowingly or intentionally such person is punishable by imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000.00), or both such fine and imprisonment.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1035 - Conviction or Acquittal Under Federal Law or Law of Another State.

35-7-1035. Conviction or acquittal under federal law or law of another state.
If a violation of this act is a violation of a federal law or a law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1037 - Probation and Discharge of First Offenders.

35-7-1037. Probation and discharge of first offenders.
Whenever any person who has not previously been convicted of any offense under this act or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under W.S. 35-7-1031(c) or 35-7-1033(a)(iii)(B), or pleads guilty to or is found guilty of using or being under the influence of a controlled substance under W.S. 35-7-1039, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. Any term of probation imposed under this section for a felony offense shall not exceed the maximum term of probation authorized under W.S. 7-13-302(b). Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under W.S. 35-7-1038. There may be only one (1) discharge and dismissal under this section with respect to any person. This section shall not be construed to provide an exclusive procedure. Any other procedure provided by law relating to suspension of trial or probation, may be followed, in the discretion of the trial court.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1038 - Second or Subsequent Offenses; Mandatory Minimum Penalty for Certain Subsequent Offenses.

35-7-1038. Second or subsequent offenses; mandatory minimum penalty for certain subsequent offenses.
(a) Unless otherwise provided under W.S. 35-7-1031(c), any person convicted of a second or subsequent offense under this act may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. The judge may suspend part or all of the discretionary portion of an imprisonment sentence or fine under this subsection and place the defendant on probation pending successful completion, at the defendant's own expense, of a chemical addiction evaluation or treatment program prescribed by the judge.
(b) For purposes of subsection (a) of this section, an offense is a second or subsequent offense if, prior to his conviction of the offense, the offender has at any time been convicted under this act or under any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant, stimulant or hallucinogenic drugs.
(c) This section shall not apply to offenses under W.S. 35-7-1031(c).
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1039 - Person Using or Under Influence of Controlled Substance.

35-7-1039. Person using or under influence of controlled substance.
Any person who knowingly or intentionally uses or is under the influence of a controlled substance listed in Schedules I, II or III except when administered or prescribed by or under the direction of a licensed practitioner, shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not to exceed six (6) months or a fine not to exceed seven hundred fifty dollars ($750.00), or by both.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1040 - Planting, Cultivating or Processing Marihuana, Peyote or Opium Poppy.

35-7-1040. Planting, cultivating or processing marihuana, peyote or opium poppy.
Any person who knowingly or intentionally plants, cultivates, harvests, dries, or processes any marihuana, peyote, or opium poppy except as otherwise provided by law shall be guilty of a misdemeanor and shall be punished by imprisonment not to exceed six (6) months in the county jail or by a fine not to exceed one thousand dollars ($1,000.00), or both.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1041 - Distribution of Liquid, Substance or Material in Lieu of Controlled Substance.

35-7-1041. Distribution of liquid, substance or material in lieu of controlled substance.
Any person who in any manner offers to unlawfully sell, furnish, transport, administer, or give any controlled substance to any person, or offers, arranges, or negotiates to have any controlled substance unlawfully sold, delivered, transported, furnished, administered, or given to any person and then sells, delivers, furnishes, transports, administers, or gives, or offers, arranges, or negotiates to have sold, delivered, transported, furnished, administered or given to any person any other liquid, substance, or material in lieu of any controlled substance shall be punished by imprisonment for not more than (1) year, or fined not more than one thousand dollars ($1,000.00) or by both such fine and imprisonment.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1042 - Attempts and Conspiracies.

35-7-1042. Attempts and conspiracies.
Any person who attempts or conspires to commit any offense under this article within the state of Wyoming or who conspires to commit an act beyond the state of Wyoming which if done in this state would be an offense punishable under this article, shall be punished by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1043 - Immunity From Prosecution.

35-7-1043. Immunity from prosecution.
All duly authorized peace officers including any special agents or other personnel appointed by the commissioner, and probation and parole agents as defined in W.S. 7-13-401, while investigating violations of this act in performance of their official duties, shall be immune from prosecution under this act. Any person working under the immediate direction, supervision or instruction of a duly authorized peace officer, special agent or other person appointed by the commissioner, may be granted immunity from prosecution under this act by the commissioner. In addition to the foregoing persons, such immunity may also be granted to any person whose testimony is necessary to secure a conviction under this act with the consent of district judge in the district wherein prosecution is to take place. Any person granted immunity under this section shall not be excused from testifying or producing evidence on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to penalty or forfeiture. Any person who except for the provisions of this act, would have been privileged to withhold the testimony given or the evidence produced by him shall not be prosecuted, subjected to any penalty, forfeiture, for or on account of any transaction, matter or thing concerning which, by reason of said immunity, he gave testimony and produced evidence; and no such testimony given or evidence produced shall be received against him in any criminal proceeding. Provided, no person given immunity under this section shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1044 - Peyote Delivered, Possessed or Used for Religious Sacramental Purposes.

35-7-1044. Peyote delivered, possessed or used for religious sacramental purposes.
Nothing in this act shall be construed to prohibit the delivery, possession or use of peyote in natural form, when delivered, possessed or used for bona fide religious sacramental purposes by members of the Native American Church of Wyoming.
Article VI.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1045 - Duties and Powers of Law Enforcement Officers; Search Warrants.

35-7-1045. Duties and powers of law enforcement officers; search warrants.
(a) Notwithstanding the powers conferred upon the attorney general by this act all law enforcement officers within this state shall have the responsibility for the enforcement of this act.
(b) Any special agent designated by the attorney general and any law enforcement officer engaged in the enforcement of this act may:
(i) Carry firearms in the performance of his official duties;
(ii) Serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state;
(iii) Make arrests without warrant for any offense under this act committed in his presence, or if he has probable cause to believe that the person to be arrested has committed, or is committing a violation of this act;
(iv) Make seizures of property pursuant to this act; and
(v) Perform such other law enforcement duties as the commissioner may designate.
(c) All prosecutions originating under this act shall be the duty and obligation of the district attorney for the county in which the offense occurred.
(d) A search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge or district court commissioner issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time.
(e) Any officer authorized to execute a search warrant relating to offenses involving controlled substances the penalty for which is imprisonment for more than one (1) year may, without notice of his authority and purpose, break open an outer or inner door or window of a building, or any part of the building, or anything therein, only if a district judge or district court commissioner issuing the warrant: (i) is satisfied that there is probable cause to believe that (A) the property sought may and, if such notice is given, will be easily and quickly destroyed or disposed of, or (B) the giving of such notice will immediately endanger the life or safety of the executing officer or another person; and (ii) has included in the warrant a direction that the officer executing it shall not be required to give such notice. Any officer acting under such warrant, shall, as soon as practicable after entering the premises, identify himself and give the reason and authority for his entrance upon the premises.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1047 - Injunctions Against Violations.

35-7-1047. Injunctions against violations.
(a) The district courts of this state have jurisdiction to restrain or enjoin violations of this act.
(b) The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1048 - Cooperation With Federal and Other State Agencies.

35-7-1048. Cooperation with federal and other state agencies.
(a) The state board of pharmacy and the commissioner shall cooperate with federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, they may:
(i) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;
(ii) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;
(iii) Cooperate with the bureau by establishing a centralized unit to accept, catalog, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state, and make the information available for federal, state, and local law enforcement purposes. Unless otherwise provided by law, they shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under privileged communication acts; and
(iv) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.
(b) Results, information, and evidence received from the bureau relating to the regulatory functions of this act, including results of inspections conducted by it may be relied and acted upon by the board or commissioner in the exercise of the regulatory functions under this act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1050 - Burden of Proof; Liability of Officers.

35-7-1050. Burden of proof; liability of officers.
(a) It is not necessary for the state to negate any exemption or exception in this act in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this act. The burden of proof of any exemption or exception is upon the person claiming it.
(b) In the absence of proof that a person is the authorized holder of an appropriate registration or order form issued under this act, he is presumed not to be the holder of the registration or form. The burden of proof is upon him to rebut the presumption.
(c) No liability is imposed by this act upon any authorized state, county, or municipal officer engaged in the lawful performance of his duties.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1051 - Review of Decisions of Board or Commissioner.

35-7-1051. Review of decisions of board or commissioner.
All final administrative determinations, findings and conclusions of the board or commissioner under this act are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of such decision in accordance with the Administrative Procedure Act. Findings of fact by the board or commissioner, if supported by substantial evidence, are conclusive.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1053 - Miscellaneous Provisions.

35-7-1053. Miscellaneous provisions.
(a) Prosecution for any violation of law occurring prior to the effective date of this act is not affected or abated by this act. If the offense being prosecuted is similar to one set out in Article V of this act, the penalties under Article V apply if they are less than those under prior law.
(b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of this act are not affected by this act.
(c) All administrative proceedings pending under prior laws which are superseded by this act shall be continued and brought to a final determination in accord with the laws and rules in effect prior to the effective date of the act. Any substance controlled under prior law which is not listed within Schedules I through V is automatically controlled without further proceedings and shall be listed in the appropriate schedule.
(d) The board shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled substance prior to the effective date of this act and who are registered or licensed by the state.
(e) This act applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following its effective date.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1054 - Existing Orders and Rules.

35-7-1054. Existing orders and rules.
Any orders and rules promulgated under any law affected by this act and in effect on the effective date of this act and not in conflict with it continue in effect until modified, superseded, or repealed.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1055 - Construction.

35-7-1055. Construction.
This act shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this act among those states which enact similar legislation.
Article VIII.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1056 - Delivery Of, or Possession With Intent to Deliver, Drug Paraphernalia.

35-7-1056. Delivery of, or possession with intent to deliver, drug paraphernalia.
It is unlawful for any person to deliver, or possess with intent to deliver, drug paraphernalia. Any person who violates this section is guilty of a crime and, upon conviction, may be imprisoned for not more than six (6) months, fined not more than seven hundred fifty dollars ($750.00), or both.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1057 - Delivery of Drug Paraphernalia to a Minor.

35-7-1057. Delivery of drug paraphernalia to a minor.
Any adult who violates W.S. 35-7-1056 by delivering drug paraphernalia to a minor is guilty of a crime and, upon conviction, may be imprisoned for not more than five (5) years, fined not more than two thousand five hundred dollars ($2,500.00), or both.
Article IX.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 10 - Controlled Substances › Section 35-7-1063 - Exceptions to Provisions.

35-7-1063. Exceptions to provisions.
(a) The provisions and penalties of this chapter shall not apply to:
(i) The possession or use of hemp or hemp products for any purpose or application;
(ii) Persons in possession of any controlled substances for purposes of disposal in accordance with 21 C.F.R. part 1317.30 and 21 C.F.R. part 1317.35;
(iii) Hemp production, processing or testing in accordance with the provisions of W.S. 11-51-101 through 11-51-107 and 14-3-310.
(b) As used in this section "hemp" or "hemp product" means all parts, seeds and varieties of the plant cannabis sativa l. or a product made from that plant with a trans-delta 9-tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 11 - Wyoming Narcotics and Drug Abuse Board › Section 35-7-1101 - Established; Composition; Compensation of Members.

35-7-1101. Established; composition; compensation of members.
There is hereby established the "Wyoming narcotics and drug abuse board". The board shall be composed of the attorney general of Wyoming or his designee, the director of the department of health or his designee and the members of the board of pharmacy. The members shall not receive any compensation in the performance of their duties, but they shall receive per diem, travel expense and mileage expense in the same manner and amount as employees of the state.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 13 - Donations of Food › Section 35-7-1301 - Donation of Food; Exemption From Civil Liability.

35-7-1301. Donation of food; exemption from civil liability.
(a) No person who donates food to a nonprofit organization for use or distribution in providing assistance shall be liable for damages in any civil action resulting from the nature, age, condition or packaging of the donated food except that the exemption does not apply to the willful, wanton or reckless acts of donors which result in injury to recipients of the donated food. For the purposes of this section, "nonprofit organization" includes any corporation organized under W.S. 17-19-101 through 17-19-1807 and does not include organizations which sell or offer to sell donated food.
(b) Any nonprofit organization, which serves or provides food to persons for their consumption as described in subsection (a) of this section, is liable for any injury resulting from the ingesting of the donated food received, accepted, gathered or removed by that organization, only if that injury is caused by a willful, wanton or reckless act of the organization.
(c) Any nonprofit organization that receives any donated food pursuant to subsection (a) of this section shall not sell or offer to sell the donated food.
(d) Nothing in this section is intended to restrict the authority of any appropriate agency to regulate or ban the use of donated food for human consumption.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 13 - Donations of Food › Section 35-7-1302 - Donation of Game Animals.

35-7-1302. Donation of game animals.
(a) Any game animal, including any big game animal, elk, deer, mountain sheep, wild goat, antelope, moose or bear, lawfully taken by a licensed hunter may be donated to a nonprofit organization under the provisions of W.S. 35-7-1301 to feed individuals in need.
(b) Any donated big game meat shall be subject to the following:
(i) Come from an animal in apparent good health prior to slaughter;
(ii) Come from an animal with intact intestines;
(iii) Be field-dressed immediately after slaughter and be handled in a manner in keeping with generally accepted wild game handling procedures;
(iv) Be processed as soon as possible after slaughter by a custom meat processor or custom game processor;
(v) Be clearly marked as "not for sale";
(vi) Be clearly marked as "donated game meat" in letters not less than three-eights (3/8) of an inch in height;
(vii) Shall not come from any road-kill animal and any road-kill animal shall not be eligible for donation under this section.
(c) Any organization receiving donated game meat shall be advised by the donor or meat processor that the meat should be thoroughly cooked prior to human consumption. Prior to serving any donated game meat, the nonprofit organization shall prominently post a sign indicating the meat is donated game meat, the type of meat processing used, and that the meat has not been inspected.
(d) Any game animal in the possession of the Wyoming game and fish department may be donated if the provisions of this section are followed.
(e) No donated game meat shall be bought, sold or offered for sale or barter by any person.
(f) The department of agriculture shall have authority to examine, sample, seize or condemn any donated game meat if the department has reason to believe the meat is unwholesome under the Wyoming Food, Drug and Cosmetic Safety Act, W.S. 35-7-109 et seq.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 15 - Tobacco Importation › Section 35-7-1501 - Federal Requirements; Placement of Labels; Penalty.

35-7-1501. Federal requirements; placement of labels; penalty.
(a) No person shall import into this state any package of cigarettes that violates any federal requirement for the placement of labels, warnings, or other information, including health hazards, required to be placed on the container or individual package.
(b) No person shall sell or offer to sell a package of cigarettes or affix the stamp or imprint required by W.S. 39-18-101 et seq. on a package of cigarettes unless that package of cigarettes complies with all federal tax laws, federal trademark and copyright laws, and federal laws regarding the placement of labels, warnings or any other information upon a package of cigarettes.
(c) No person shall sell or offer to sell a package of cigarettes or affix the stamp or imprint required by W.S. 39-18-101 et seq. on a package of cigarettes if the package is marked as manufactured for use outside of the United States or if any label or language has been altered from the manufacturer's original packaging and labeling to conceal the fact that the package was manufactured for use outside of the United States.
(d) No person shall affix a stamp, label or decal on a package of cigarettes to conceal the fact that the package was manufactured for use outside of the United States.
(e) No person shall sell or offer to sell a package of cigarettes on which a stamp, label or decal was affixed to conceal the fact that the package was manufactured for use outside of the United States.
(f) The violation of any provision of this section is a misdemeanor punishable as provided by W.S. 6-10-104.
(g) Any package of cigarettes found at any place in this state that is marked for use outside of the United States is declared to be contraband goods and may be seized without a warrant by the department of revenue, by its agents or employees, or by any peace officer in this state when directed or requested by the department to do so. Nothing in this section shall be construed to require the department to confiscate packages of cigarettes that are so marked when it has reason to believe that the owner possesses the cigarettes for personal use and not for resale.
(h) Any cigarettes seized by virtue of the provisions of subsection (g) of this section shall be confiscated, and the department shall destroy the confiscated goods.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 7 - Food and Drugs › Article 15 - Tobacco Importation › Section 35-7-1502 - Federal Requirements; Affixing Labels; Penalty.

35-7-1502. Federal requirements; affixing labels; penalty.
(a) No person shall import into this state any tobacco product that violates any federal requirement for the placement of labels, warnings, or other information, including health hazards, required to be placed on the container or individual package.
(b) No person shall sell or offer to sell any tobacco product unless the package or container of the tobacco product complies with all federal tax laws, federal trademark and copyright laws, and federal laws regarding the placement of labels, warnings, or any other information upon a package or container of tobacco products.
(c) No person shall sell or offer to sell any tobacco product if the package or container is marked as manufactured for use outside of the United States or if any label or language has been altered from the manufacturer's original packaging and labeling to conceal the fact that the package or container of tobacco products was manufactured for use outside of the United States.
(d) No person shall affix a stamp, label, or decal on a package or container of tobacco products to conceal the fact that the package or container of tobacco products was manufactured for use outside of the United States.
(e) No person shall sell or offer to sell any tobacco product on which a stamp, label, or decal was affixed to conceal the fact that the package or container of tobacco products was manufactured for use outside of the United States.
(f) The violation of any provision of this section is a misdemeanor punishable as provided by W.S. 6-10-104.
(g) Any package or container of tobacco products found at any place in this state that is marked for use outside of the United States is declared to be contraband goods and may be seized without a warrant by the department of revenue, its agents or employees, or by any peace officer in this state when directed or requested by the department to do so. Nothing in this section shall be construed to require the department to confiscate packages or containers of tobacco products that are so marked when it has reason to believe that the owner possesses the tobacco products for personal use and not for resale.
(h) Any tobacco products seized by virtue of the provisions of subsection (g) of this section shall be confiscated, and the department shall destroy the confiscated goods.