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Drug Schedules and How They Affect Wyoming Criminal Charges

By Steven Titus & Associates, P.C. on July 15, 2024

When facing drug-related charges in Campbell County, it’s important to understand how daunting the legal issues can be. Many individuals accused of drug-related crimes feel overwhelmed and stigmatized. However, being charged for drugs doesn’t equate to being guilty—because Wyoming’s drug laws often leave room for defense.

What Are Drug Schedules?

Drug schedules are a classification system used to regulate substances based on their potential for abuse, accepted medical use, and safety under medical supervision. Established by the Controlled Substances Act, these schedules are critical in determining the severity of charges for drug-related offenses in Wyoming.

Schedule I (WY Stat § 35-7-1014)

Drugs classified in Schedule I have the highest potential for abuse and no accepted medical use. Because of this, they are considered the most dangerous. Examples include heroin, LSD, and ecstasy. The lack of medical utility means that any possession, distribution, or manufacturing of these substances results in severe criminal penalties.

Schedule II (WY Stat § 35-7-1016)

Schedule II drugs also have a high potential for abuse but differ from Schedule I substances in that they have some accepted medical uses, though these are heavily restricted. Examples include cocaine, methamphetamine, and oxycodone. While these drugs can be legally prescribed, their high risk of abuse means that illegal possession or distribution still carries significant penalties.

Schedule III (WY Stat § 35-7-1018)

Drugs under Schedule III have a moderate to low potential for physical and psychological dependence. They have accepted medical uses and are often prescribed for various conditions. Examples include anabolic steroids, codeine, and ketamine. The penalties for offenses involving Schedule III drugs are, in most cases, less severe than those for Schedule I and II substances but can still result in substantial legal consequences.

Schedule IV (WY Stat § 35-7-1020)

Schedule IV drugs have a low potential for abuse and a low risk of dependence. These substances, such as Xanax, Valium, and Ativan, are widely prescribed for medical purposes. While the penalties for unlawful possession or distribution are not as severe as for higher-schedule drugs, they can still lead to criminal charges and significant legal challenges.

Schedule V (WY Stat § 35-7-1022)

Schedule V substances have the lowest potential for abuse among the five schedules and typically include preparations with limited quantities of certain narcotics. Examples include cough preparations with less than 200 milligrams of codeine. Offenses involving Schedule V drugs are usually considered less severe, and the penalties reflect this lower level of risk.

How Drug Schedules Impact Charges

In Wyoming, drug charges are directly influenced by the substance’s schedule classification. Under WY Stat § 35-7-1031, charges and penalties vary based on the drug’s Schedule, with more severe consequences associated with higher-scheduled drugs.

• Schedule I: Given the severe penalties outlined by law, Schedule I drugs, which include certain narcotic substances, are treated with the utmost seriousness due to their high potential for abuse and lack of accepted medical use. Individuals convicted of manufacturing, delivering, or possessing these drugs with intent to distribute can face up to 20 years in prison, fines up to $25,000, or both.
• Schedule II: Although Schedule II drugs have accepted medical uses, their potential for abuse results in strict legal consequences. For narcotic drugs in this category, penalties mirror those of Schedule I, with up to 20 years of imprisonment and fines up to $25,000. The penalties for other Schedule II substances include up to 10 years in prison and fines of up to $10,000.
• Schedule III: Schedule III drugs, while also having accepted medical uses, carry a moderate risk of abuse. Offenses related to these substances are met with penalties of up to 10 years in prison and fines of up to $10,000.
• Schedule IV: Crimes involving Schedule IV drugs result in less severe penalties compared to higher schedules. Offenders can be sentenced to up to 2 years and fines up to $2,500.
• Schedule V: Schedule V drugs are considered to have the lowest potential for abuse among controlled substances, and as such, offenses involving these drugs are punished less severely. Individuals convicted may face up to 1 year in prison, fines up to $1,000, or both.

Examples of Charges Based on Drug Schedules

Specific examples of drug charges based on the Schedule of controlled substances include:

• Possession: The penalties for possession vary significantly depending on the drug schedule. For instance, possession of a Schedule I drug like heroin can result in a felony charge with severe penalties. Possession of a Schedule V substance might lead to a misdemeanor with much lighter consequences.
• Distribution and Trafficking: Distributing or trafficking higher schedule drugs like those in Schedules I and II results in enhanced charges and penalties, often involving mandatory minimum sentences. The law treats these offenses with heightened seriousness due to the perceived danger of these substances.
• Manufacturing: The severity of manufacturing charges also depends on the drug’s Schedule. Manufacturing a Schedule I drug typically results in the harshest penalties, especially if the intent to distribute can be proven. In contrast, manufacturing Schedule V drugs, while still illegal, is treated with less severity.

How a Gillette Criminal Defense Lawyer Can Help if You’re Facing Drug-Related Charges

If you’re facing drug-related charges in Wyoming, having an experienced criminal defense lawyer from Steven Titus & Associates, P.C., can make a substantial difference in your case. Here’s how we can help:

• Challenge the drug’s classification. We can question whether the substance involved was correctly classified under the appropriate Schedule, potentially reducing the charges.
• Argue medical necessity or prescription validity. If you had a legitimate medical reason for possessing the drug, we can argue that your actions were lawful or justifiable.
• Question the legality of the search and seizure process. Any evidence obtained through an unlawful search can be challenged, potentially leading to the dismissal of charges.

At Steven Titus & Associates, P.C., our defense attorneys are here to fight for your rights and ensure the best possible outcome for your case.

Contact our firm at (307) 257-7800 for a consultation with our experienced Gillette drug crime defense attorney.