What’s the Difference Between Possession and Intent to Sell?
Possession of a small amount of a controlled substance in Wyoming is charged as a misdemeanor. Upon conviction, this crime carries penalties that may include up to one year in jail and a fine of up to $1,000, or both. Possession with intent to sell is a serious crime that is charged as a felony, with penalties that are much more severe.
What Are the Quantities for Simple Possession in Wyoming?
A person in possession of a controlled dangerous substance (CDS) in the following amounts in Wyoming will be charged with misdemeanor drug possession:
- 3 oz. or less of a CDS in plant form
- 3/10 gram or less of a CDS in liquid form
- 3 grams or less of a CDS in powder form
- 3 grams or less of a CDS in capsule form
- Less than 5/10 gram of cocaine in crack form
- Less than 3/10 gram of LSD
Cutting Agents and Additives Are Included in the Quantity
The quantity of drugs a person is charged with possessing in Wyoming includes the weight of any cutting agent, carrier agent, diluting agent, or any substance combined with the drugs. For example, if you were in possession of marijuana brownies, you can be charged based on the weight of the brownies, not just the marijuana they contain.
What Is Possession with Intent to Sell?
Possession of a controlled substance with intent to sell or distribute is a serious offense under state and federal law. This crime can be broken down into two parts:
- Possession of the drugs; and
- Intent to sell or distribute them.
Possession of a Controlled Substance
Possession is not limited to drugs found on your person. It also applies to controlled substances within your control, which could be found in your automobile or your home. However, to have possession of a CDS, you must generally know that the drugs are present. If you had no idea the drugs were in your home or automobile, you have a strong defense against charges of possession.
Intent to Sell
The prosecution must prove what the person in possession of the drugs was intending to do with them. This intent is demonstrated by surrounding circumstances. Typically, intent to distribute or sell is assumed when a person is holding an amount of a CDS too large for personal use. Other circumstances that may indicate an intent to sell or distribute include:
- Communications from customers
- Large amounts of money
- Presence of packaging materials
What Are the Penalties for Possession with Intent to Sell?
Wyoming classifies controlled substances into schedules, with Schedule I being the most dangerous. A person in possession of more than the amounts specified for misdemeanor drug possession in Wyoming may be charged with possession with intent to sell. Penalties depend on the category of a controlled substance, as follows:
- Schedule I or II narcotics or methamphetamine: Fine of up to $25,000, up to 20 years in prison, or both.
- All other Schedule I, II, or III controlled substances: Fine of up to $10,000, up to ten years in prison, or both.
- Schedule IV CDS: Fine of up to $2,500, up to two years in prison, or both.
- Schedule V CDS: Fine of up to $1,000, up to one year in jail, or both.
Possession with intent to sell is a serious offense in Wyoming. Call Steven Titus & Associates, P.C., at (307) 257-7800 to get a Gillette criminal defense lawyer on your side.
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