ARTICLE 10 - CONTROLLED SUBSTANCES

 

35-7-1001.� Short title.

 

This act shall be known and may be cited as the "Wyoming Controlled Substances Act of 1971".

 

35-7-1002.� Definitions.

 

(a)� As used in this act:

 

(i)� "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:

 

(A)� A practitioner (or by his authorized agent); or

 

(B)� The patient or research subject at the direction of the practitioner.

 

(ii)� "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman;

 

(iii)� Repealed By Laws 2011, Ch. 45, � 2.

 

(iv)� "Controlled substance" means a drug, substance, or immediate precursor in schedules I through V of article III;

 

(v)� "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance;

 

(vi)� "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship;

 

(vii)� "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery;

 

(viii)� "Dispenser" means a practitioner who dispenses, or his authorized agent;

 

(ix)� "Distribute" means to deliver other than by administering or dispensing a controlled substance;

 

(x)� "Distributor" means a person who distributes;

 

(xi)� "Drug" means:

 

(A)� Substances recognized as drugs in official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;

 

(B)� Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;

 

(C)� Substances (other than food) intended to affect the structure or any function of the body of man or animals; and

 

(D)� Substances intended for use as a component of any article specified in subparagraph (A), (B), or (C) of this paragraph. It does not include devices or their components, parts or accessories.

 

(xii)� "Immediate precursor" means a substance which the commissioner has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture;

 

(xiii)� "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extractions and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging or labeling of a controlled substance:

 

(A)� By a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or

 

(B)� By a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

 

(xiv)� "Marihuana" means all parts of the plant of the genus Cannabis, whether growing or not; the seed thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination;

 

(xv)� "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

 

(A)� Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;

 

(B)� Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subparagraph (A) of this paragraph, but not including the isoquinoline alkaloids of opium;

 

(C)� Opium poppy and poppy straw;

 

(D)� Coca leaves and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.

 

(xvi)� "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under W.S. 35-7-1011, the dextrorotatory isomer of 3-methoxy-n-methylmorphinian and its salts (dextro-methorphan). It does include its racemic and levorotatory forms;

 

(xvii)� "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds;

 

(xviii)� "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;

 

(xix)� "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing;

 

(xx)� "Practitioner" means:

 

(A)� A physician, dentist, veterinarian, podiatrist, scientific investigator, or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state;

 

(B)� A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state.

 

(xxi)� "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance;

 

(xxii)� "State" means the state of Wyoming;

 

(xxiii)� "Ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household;

 

(xxiv)� "Law enforcement officer" means any sheriff, undersheriff or sheriff's deputy of any county of this state, any duly authorized municipal policeman of any city or town of this state, any member of the Wyoming highway patrol, any police officer of the University of Wyoming or any Wyoming community college who is a peace officer, any superintendent, assistant superintendent or full-time park ranger of a state park, state recreation area, state archeological site or state historic site who has qualified pursuant to W.S. 9-1-701 through 9-1-707, when acting within the boundaries of the state park, state recreation area, state archeological site or state historic site or when responding to a request to assist other law enforcement officers acting within the scope of their official duties in their own jurisdiction, or any special agent employed by the commissioner under this act;

 

(xxv)� "Board" means the Wyoming state board of pharmacy;

 

(xxvi)� "Commissioner" means the commissioner of drugs and substances control;

 

(xxvii)� "Drug paraphernalia" means all equipment, products and materials of any kind when used, advertised for use, intended for use or designed for use for manufacturing, converting, preparing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act and includes:

 

(A)� Isomerization devices when used, advertised for use, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;

 

(B)� Quinine hydrochloride, mannitol and mannite when used, advertised for use, intended for use or designed for use in diluting controlled substances;

 

(C)� Separation gins and sifters when used or advertised for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana;

 

(D)� Objects when used, advertised for use, intended for use or designed for use in injecting controlled substances into the human body;

 

(E)� The following objects when used, advertised for use, intended for use or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil or any other controlled substance into the human body:

 

(I)� Metal, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

 

(II)� Carburetion tubes;

 

(III)� Carburetion masks;

 

(IV)� Chamber pipes;

 

(V)� Carburetor pipes;

 

(VI)� Electric pipes;

 

(VII)� Air-driven pipes;

 

(VIII)� Chillums;

 

(IX)� Bongs;

 

(X)� Ice pipes or chillers.

 

(xxviii)� "This act" means W.S. 35-7-1001 through 35-7-1060.

 

35-7-1003.� Attorney general designated commissioner of drugs and substances control.

 

The attorney general of the state of Wyoming is hereby designated commissioner of drugs and substances control.

 

35-7-1004.� Personnel to administer provisions.

 

The attorney general by and with the consent of the governor may employ such personnel as necessary to administer this act. Such personnel shall serve at the pleasure of the attorney general at such compensation as may be approved by the Wyoming personnel division. Said personnel shall be assigned such duties as may be necessary to assist the commissioner in the performance of his responsibilities under this act for the efficient operation of the work of the office.

 

35-7-1005.� Advisory board on drugs and substances control.

 

There is hereby established an advisory board on drugs and substances control for the purpose of assisting and advising the commissioner of drugs and substances control in carrying out the functions of his office. The members of the advisory board shall receive no compensation for their services except travel expenses and per diem in the same manner and amount as employees of the state of Wyoming. The advisory board consists of the director of the department of health or his designee, and the executive director and senior inspector of the Wyoming state board of pharmacy. In addition to any other duties imposed upon the advisory board by this or any other act, it is the duty of the board to advise the commissioner of drugs and substances control as to which substances shall be declared controlled drugs and substances subjected to the controls provided by law.

 

35-7-1006.� Cooperation by state departments, officers, agencies and employees.

 

It shall be the duty of all departments, officers, agencies, and employees of the state of Wyoming to cooperate with the commissioner of drugs and substances control in carrying out his functions under this or any other act.

 

35-7-1007.� Cooperative arrangements; plant eradication programs; research.

 

 

(a)� The commissioner of drugs and substances control may, in addition to other powers and duties vested in him by this or any other act:

 

(i)� Cooperate with federal and other state agencies in discharging his responsibilities concerning traffic in drugs and substances;

 

(ii)� Arrange for the exchange of information between governmental officials concerning the use and abuse of drugs and substances;

 

(iii)� Coordinate and cooperate in training programs on drugs and substances law-enforcement at the local and state level;

 

(iv)� Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled drugs and substances may be extracted;

 

(v)� Coordinate and regulate educational programs designed to prevent and deter misuse and abuse of controlled drugs and substances;

 

(vi)� Encourage research into the misuse and abuse of controlled drugs and substances; in connection therewith and in furtherance of his other duties he is authorized to:

 

(A)� Establish methods to assess accurately the effects of controlled drugs and substances and to identify and characterize controlled drugs and substances with potential for abuse;

 

(B)� Make studies and undertake programs of research to:

 

(I)� Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this act;

 

(II)� Determine patterns of misuse and abuse of controlled drugs and substances and the social effects thereof; and

 

(III)� Improve methods of preventing, predicting, understanding, and dealing with the misuse and abuse of controlled drugs and substances.

 

(C)� Enter into contracts with public agencies, institutions of higher education and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled drugs and substances.

 

(vii)� Enter into contracts for educational and research activities without performance bonds;

 

(viii)� Authorize persons engaged in research on the use and effects of drugs and substances to withhold names and other identifying characteristics of persons who are the subjects of such research, such persons who obtain this authorization may not be compelled in any state, civil, criminal, administrative, legislative or other proceeding to identify the subjects of research for which such authorization was obtained;

 

(ix)� Authorize the possession and distribution of controlled drugs and substances by persons engaged in research, persons who obtain such authorization shall be exempt from state prosecution for possession and distribution of drugs and substances to the extent authorized by the commissioner.

 

35-7-1008.� Federal funds and grants; authority of commissioner of drugs and substances control.

 

 

(a)� Except as otherwise provided by law, the commissioner of drugs and substances control is hereby designated as the agency of the state of Wyoming to accept the provisions of and funds and grants made by or under any act of the congress of the United States providing funds for programs relating to drugs and dangerous substances, and as the agency to administer or supervise the administration of any state plan established or funds received by the state by virtue of any federal statute relating to aid to the states for the purpose of drugs and dangerous substances control; provided, that each acceptance of such federal funds shall be restricted in its effect to the specific situation involved under such acceptance.

 

(b)� The commissioner of drugs and substances control may:

 

(i)� Enter into an agreement with the proper federal agency to procure for the state the benefits of the federal statutes;

 

(ii)� Establish a state plan, if required by the federal statute, to qualify the state for the benefits of the federal statute;

 

(iii)� Provide for reports to be made to the federal agency as may be required;

 

(iv)� Provide for reports to be made to the commissioner of drugs and substances control from local agencies receiving federal funds;

 

(v)� Make surveys and studies in cooperation with other agencies to determine the needs of the state with respect to the application of federal funds;

 

(vi)� Establish standards to which agencies must conform in receiving federal funds;

 

(vii)� Take such other action as may be necessary to secure the benefits of the federal statutes to the state of Wyoming.

 

35-7-1009.� Federal funds and grants; authority of state treasurer.

 

Whenever the state of Wyoming shall be entitled to receive any moneys or funds from the United States of America, or from any other source or authority, to be expended for the purposes of this act, the state treasurer is hereby authorized to receive and receipt for such moneys or funds, and to make such application and use of the same as may be required by law.

 

35-7-1010.� Board of pharmacy designated agency to administer registration.

 

The Wyoming state board of pharmacy in addition to any other duties imposed upon it by law is hereby designated as the agency to administer the registration of the manufacture, distribution and dispensing of controlled substances as hereinafter provided in this act.� The board shall register certified animal euthanasia technicians as provided by W.S. 33-30-219, for the limited purposes of purchasing, possessing and administering euthanizing drugs as defined by W.S. 33-30-216(a)(v), and performing the duties and powers of a certified animal euthanasia technician.

 

35-7-1011.� Control of substances.

 

(a)� The commissioner shall administer this act and with the advice of the advisory board established in W.S. 35-7-1005 may add substances to or delete or reschedule all substances enumerated in the schedules in W.S. 35-7-1014, 35-7-1016, 35-7-1018, 35-7-1020 and 35-7-1022 pursuant to the procedures of the Wyoming Administrative Procedure Act. In making a determination regarding a substance, the commissioner shall consider the following:

 

(i)� The actual or relative potential for abuse;

 

(ii)� The scientific evidence of its pharmacological effect, if known;

 

(iii)� The state of current scientific knowledge regarding the substance;

 

(iv)� The history and current pattern of abuse;

 

(v)� The scope, duration, and significance of abuse;

 

(vi)� The risk to the public health;

 

(vii)� The potential of the substance to produce psychic or physiological dependence liability;

 

(viii)� Whether the substance is an immediate precursor of a substance already controlled under this article; and

 

(ix)� Its other uses, both medical and commercial.

 

(b)� After considering factors enumerated in subsection (a) of this section, the commissioner shall make findings with respect thereto and issue a rule controlling the substance if he finds the substance has a potential for abuse.

 

(c)� If the commissioner designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.

 

(d)� If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the commissioner, the commissioner shall similarly control the substance under this act after the expiration of thirty (30) days from publication in the Federal Register of a final order designating a substance as a controlled substance, or rescheduling, or deleting a substance unless within that thirty (30) day period, the commissioner objects to inclusion, rescheduling or deletion. In that case the commissioner shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the commissioner shall publish his decision which shall be final unless altered by statute. Upon publication of objection to inclusion, rescheduling or deletion under this act by the commissioner, control under this act is stayed until the commissioner publishes his final decision.

 

(e)� Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco.

 

(f)� The commissioner shall exclude any nonnarcotic substance from a schedule if such substance may under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. � 301 et seq., and W.S. 33-24-131 of the Wyoming Pharmacy Act, be lawfully sold over the counter without a prescription.

 

35-7-1012.� Name by which controlled substance listed in schedule.

 

The controlled substances listed or to be listed in the schedules in W.S. 35-7-1014, 35-7-1016, 35-7-1018, 35-7-1020 and 35-7-1022 are included by whatever official, common, usual, chemical, or trade name designated.

 

35-7-1013.� Findings requiring inclusion of substance in Schedule I.

 

 

(a)� The commissioner shall place a substance in Schedule I if he finds that the substance:

 

(i)� Has high potential for abuse; and

 

(ii)� Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.

 

35-7-1014.� Substances included in Schedule I.

 

(a)� The controlled substances listed in this section are included in Schedule I. Schedule I shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated, listed in this section.

 

(b)� Opiates. - Unless specifically excepted or unless listed in another schedule, any of the following opiates, including the isomers, esters, ethers, salts and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:

 

(i)� Acetylmethadol;

 

(ii)� Repealed By Laws 1997, ch. 151, � 2.

 

(iii)� Allylprodine;

 

(iv)� Alphacetylmethadol (except levo-alphacetylmethadol also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);

 

(v)� Alphameprodine;

 

(vi)� Alphamethadol;

 

(vii)� Alpha-methylfentanyl (N-[1-(alpha-methylbeta-phenyl)ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)- 4-(N-propanilido) piperidine);

 

(viii)� Benzethidine;

 

(ix)� Betacetylmethadol;

 

(x)� Betameprodine;

 

(xi)� Betamethadol;

 

(xii)� Betaprodine;

 

(xiii)� Clonitazene;

 

(xiv)� Dextromoramide;

 

(xv)� Diampromide;

 

(xvi)� Diethylthiambutene;

 

(xvii)� Difenoxin;

 

(xviii)� Dimenoxadol;

 

(xix)� Dimepheptanol;

 

(xx)� Dimethylthiambutene;

 

(xxi)� Dioxaphetyl butyrate;

 

(xxii)� Dipipanone;

 

(xxiii)� Ethylmethylthiambutene;

 

(xxiv)� Etonitazene;

 

(xxv)� Etoxeridine;

 

(xxvi)� Furethidine;

 

(xxvii)� Hydroxypethidine;

 

(xxviii)� Ketobemidone;

 

(xxix)� Levomoramide;

 

(xxx)� Levophenacylmorphan;

 

(xxxi)� Morpheridine;

 

(xxxii)� Noracymethadol;

 

(xxxiii)� Norlevorphanol;

 

(xxxiv)� Normethadone;

 

(xxxv)� Norpipanone;

 

(xxxvi)� Phenadoxone;

 

(xxxvii)� Phenampromide;

 

(xxxviii)� Phenomorphan;

 

(xxxix)� Phenoperidine;

 

(xl)� Piritramide;

 

(xli)� Proheptazine;

 

(xlii)� Properidine;

 

(xliii)� Propiram;

 

(xliv)� Racemoramide;

 

(xlv)� Tilidine;

 

(xlvi)� Trimeperidine;

 

(xlvii)� Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);

 

(xlviii)� Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

 

(xlix)� Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);

 

(l)� Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);

 

(li)� 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);

 

(lii)� 3-Methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

 

(liii)� MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

 

(liv)� Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide);

 

(lv)� PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);

 

(lvi)� Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide).

 

(c)� Opium derivatives. - Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, their salts, isomers and salts of isomers whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

 

(i)� Acetorphine;

 

(ii)� Acetyldihydrocodeine;

 

(iii)� Benzylmorphine;

 

(iv)� Codeine methylbromide;

 

(v)� Codeine-N-Oxide;

 

(vi)� Cyprenorphine;

 

(vii)� Desomorphine;

 

(viii)� Dihydromorphine;

 

(ix)� Drotebanol;

 

(x)� Etorphine (except hydrochloride salt);

 

(xi)� Heroin;

 

(xii)� Hydromorphinol;

 

(xiii)� Methyldesorphine;

 

(xiv)� Methyldihydromorphine;

 

(xv)� Morphine methylbromide;

 

(xvi)� Morphine methylsulfonate;

 

(xvii)� Morphine-N-Oxide;

 

(xviii)� Myrophine;

 

(xix)� Nicocodeine;

 

(xx)� Nicomorphine;

 

(xxi)� Normorphine;

 

(xxii)� Pholcodine;

 

(xxiii)� Thebacon.

 

(d)� Hallucinogenic substances. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term "isomer" includes the optical, position and geometric isomers):

 

(i)� 4-bromo-2, 5-dimethoxyamphetamine; some trade or other names:� �4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2, 5-DMA;

 

(ii)� 2, 5-dimethoxyamphetamine; some trade or other names:� �2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA;

 

(iii)� 4-methoxyamphetamine; some trade or other names:� �4-methoxy-alpha-methylphenethylamine; paramethoxy-amphetamine; PMA;

 

(iv)� 5-methoxy-3,4-methylenedioxy amphetamine;

 

(v)� 4-methyl-2, 5-dimethoxyamphetamine; some trade and other names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"; and "STP";

 

(vi)� 3,4-methylenedioxy amphetamine;

 

(vii)� 3,4,5-trimethoxy amphetamine;

 

(viii)� Bufotenine; some trade and other names: 3-(beta-dimethy- laminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N, N-dimethyltryptamine; mappine;

 

(ix)� Diethyltryptamine; some trade and other names: N,N-diethyltryptamine; DET;

 

(x)� Dimethyltryptamine; some trade or other names: DMT;

 

(xi)� Ibogaine; some trade and other names: 7-ethyl-6,6 beta, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b] indole; tabernanthe iboga;

 

(xii)� Lysergic acid diethylamide;

 

(xiii) �Marihuana;

 

(xiv)� Mescaline;

 

(xv)� Parahexyl; some� trade or other names; 3-hexyl-1-hydroxy 7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b,d] pyran; synhexyl;

 

(xvi)� Peyote; meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds or extracts;

 

(xvii)� N-ethyl-3-piperidyl benzilate;

 

(xviii)� N-methyl-3-piperidyl benzilate;

 

(xix)� Psilocybin;

 

(xx)� Psilocyn;

 

(xxi)� Tetrahydrocannabinols; synthetic equivalents of the substances contained in the plant or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives and their isomers with similar chemical structure and pharmacological activity such as the following: delta� 1 cis or trans tetrahydrocannabinol and their optical isomers; delta 6 cis or trans tetrahydrocannabinol and their optical isomers; delta to the 3, 4 cis or trans tetrahydrocannabinol and its optical isomers. Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered;

 

(xxii)� Ethylamine analog of phencyclidine; some trade or other names:� �N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1 phenylcyclohexyl) ethylamine, cyclohexamine, PCE;

 

(xxiii)� Pyrrolidine analog of phencyclidine; some trade or other names: 1-(1-phenylcyclohexyl) -pyrrolidine, PCPy, PHP;

 

(xxiv)� Thiophene analog of phencyclidine; some trade or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of phencyclidine, TPCP, TCP;

 

(xxv)� Alpha-ethyltryptamine; some trade or other names: etryptamine; Monase; a-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; a-ET; and AET;

 

(xxvi)� 4-Bromo-2,5-dimethoxyphenethylamine; some trade or other names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, nexus;

 

(xxvii)� 2,5-Dimethoxy-4-ethylamphetamine; some trade or other names: DOET;

 

(xxviii)� 3,4-Methylenedioxymethamphetamine (MDMA);

 

(xxix)� 3,4-Methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA);

 

(xxx)� N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA);

 

(xxxi)� 1-[1-(2-thienyl)cyclohexyl]pyrrolidine; some other names: TCPy;

 

(xxxii)� 2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name:� 2C-T-7), its optical isomers, salts and salts of isomers;

 

(xxxiii)� Alpha-methyltryptamine; (other name: AMT);

 

(xxxiv)� 5-methoxy-N,N-diisopropyltryptamine; (other name: 5-MeO-DIPT), its isomers, salts and salts of isomers;

 

(xxxv)� Salvinorum A;

 

(xxxvi)� 3,4-Methylenedioxymethcathinone (other names: Methylone);

 

(xxxvii)� 3,4�Methylenedioxypyrovalerone (MDPV);

 

(xxxviii)� 4�Methylmethcathinone (other names Mephedrone);

 

(xxxix)� 3�Methoxymethcathinone;

 

(xl)� 3�Fluoromethcathinone;

 

(xli)� 4�Fluoromethcathinone;

 

(xlii)� Synthetic cannabinoids as follows:

 

(A)� (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; some trade or other names: HU-210;

 

(B)� Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; some trade or other names: HU-211;

 

(C)� Any compound structurally derived from 3-(1-napthoyl)indole, 1H-indol-3-yl-(1-naphthyl)methane, 3-(1-napthoyl)pyrrole or 3-(phenylacetyl)indole by substitution at the nitrogen atom of the indole or pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent, and whether or not substituted in the naphthyl or phenyl ring to any extent; some trade or other names: JWH class compounds;

 

(D)� 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol); some trade or other names: CP 47,497.

 

(e)� Depressants. - Unless specifically excepted 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, isomers, and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

 

(i)� Mecloqualone;

 

(ii)� Methaqualone;

 

(iii)� Gamma-hydroxybutyric (some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate).

 

(f)� Stimulants. - Unless specifically excepted 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)� Fenethylline;

 

(ii)� N-ethylamphetamine;

 

(iii)� Aminorex; some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4,5-dihydro-5-phenyl-2-oxazolamine;

 

(iv)� Cathinone; some trade or other names: 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone;

 

(v)� Methcathinone; some other names: 2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR1432), its salts, optical isomers and salts of optical isomers;

 

(vi)� (�)Cis-4-methylaminorex ((�)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);

 

(vii)� N,N-dimethylamphetamine (also known as N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine);

 

(viii)� N-Benzylpiperazine; (some other names: BZP, 1-benzylpiperazine), its optical isomers, salts and salts of isomers.

 

(g)� Temporary listing of substances subject to emergency scheduling.� Any material, compound, mixture or preparation which contains any quantity of the following substances:

 

(i)� N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, salts and salts of isomers;

 

(ii)� N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts and salts of isomers.

 

35-7-1015.� Findings requiring inclusion of substance in Schedule II.

 

 

(a)� The commissioner shall place a substance in Schedule II if he finds that:

 

(i)� The substance has high potential for abuse;

 

(ii)� The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and

 

(iii)� Abuse of the substance may lead to severe psychic or physical dependence.

 

35-7-1016.� Substances included in Schedule II.

 

(a)� The controlled substances listed in this section are included in Schedule II. Schedule II shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated, listed in this section.

 

(b)� Substances, vegetable origin or chemical synthesis. - Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis or by combination of extraction and chemical synthesis:

 

(i)� Opium and opiate and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone and naltrexone and their respective salts, but including the following:

 

(A)� Raw opium;

 

(B)� Opium extracts;

 

(C)� Opium fluid;

 

(D)� Powdered opium;

 

(E)� Granulated opium;

 

(F)� Tincture of opium;

 

(G)� Codeine;

 

(H)� Ethylmorphine;

 

(J)� Etorphine hydrochloride;

 

(K)� Hydrocodone;

 

(M)� Hydromorphone;

 

(N)� Metopon;

 

(O)� Morphine;

 

(P)� Oxycodone;

 

(Q)� Oxymorphone;

 

(R)� Thebaine;

 

(S)� Dihydroetorphine;

 

(T)� Oripavine.

 

(ii)� Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (b)(i) of this section, but not including the isoquinoline alkaloids of opium;

 

(iii)� Opium poppy and poppy straw;

 

(iv)� Coca leaves and any salt, compound, derivative, or preparation of coca leaves (including cocaine and ecgonine and their salts, isomers, derivatives and salts of isomers and derivatives), and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine;

 

(v)� Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains the phenanthrine alkaloids of the opium poppy).

 

(c)� Opiates. - Unless specifically excepted or unless in another schedule, any of the following opiates including their isomers, esters, ethers, salts and salts of isomers, esters and ethers whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:

 

(i)� Alphaprodine;

 

(ii)� Anileridine;

 

(iii)� Benzitramide;

 

(iv)� Bulk dextropropoxyphene (nondosage forms);

 

(v)� Dihydrocodeine;

 

(vi)� Diphenoxylate;

 

(vii)� Fentanyl;

 

(viii)� Isomethadone;

 

(ix)� Levomethorphan;

 

(x)� Levorphanol;

 

(xi)� Metazocine;

 

(xii)� Methadone;

 

(xiii)� Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;

 

(xiv)� Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl- propane carboxylic acid;

 

(xv)� Pethidine (meperidine);

 

(xvi)� Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

 

(xvii)� Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

 

(xviii)� Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

 

(xix)� Phenazocine;

 

(xx)� Piminodine;

 

(xxi)� Racemethorphan;

 

(xxii)� Racemorphan;

 

(xxiii)� Sufentanil;

 

(xxiv)� Alfentanil;

 

(xxv)� Repealed By Laws 2011, Ch. 45, � 2.

 

(xxvi)� Carfentanil;

 

(xxvii)� Levo-alphacetylmethadol; some other names: levo-alpha-acetylmethadol, levomethadyl acetate, LAAM;

 

(xxviii)� Remifentanil;

 

(xxix)� Tapentadol.

 

(d)� Stimulants. - Unless specifically excepted 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:

 

(i)� Amphetamine, its salts, optical isomers and salts of its optical isomers;

 

(ii)� Methamphetamine, its salts, isomers and salts of its isomers;

 

(iii)� Phenmetrazine and its salts;

 

(iv)� Methylphenidate;

 

(v)� Lisdexamfetamine, its salts, isomers and salts of isomers.

 

(e)� Depressants. - Unless specifically excepted 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, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

 

(i)� Amobarbital;

 

(ii)� Pentobarbital;

 

(iii)� Phencyclidine;

 

(iv)� Secobarbital;

 

(v)� Glutethimide.

 

(f)� Immediate precursors. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances:

 

(i)� Immediate precursor to amphetamine and methamphetamine:

 

(A)� Phenylacetone; some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone.

 

(ii)� Immediate precursors to phencyclidine (PCP):

 

(A)� 1-phenylcyclohexylamine;

 

(B)� 1-piperidinocyclohexanecarbonitrile (PCC).

 

(g)� Hallucinogenic substances:

 

(i)� Repealed By Laws 2001, Ch. 88, � 2.

 

(ii)� Nabilone; another name for nabilone: (�)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one.

 

35-7-1017.� Findings requiring inclusion of substance in Schedule III.

 

 

(a)� The commissioner shall place a substance in Schedule III if he finds that:

 

(i)� The substance has a potential for abuse less than the substances listed in Schedules I and II;

 

(ii)� The substance has currently accepted medical use in treatment in the United States; and

 

(iii)� Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.

 

(b)� The commissioner shall place a substance in Schedule III if he finds that the substance is an anabolic steroid used for the purpose of increasing weight, muscle mass, or improving performance in any form of exercise, sport or game, exclusive of veterinary pharmaceuticals.

 

35-7-1018.� Substances included in Schedule III.

 

(a)� The controlled substances listed in this section are included in Schedule III. Schedule III shall consist of the drugs and other substances by whatever official name, common or usual name, chemical name or brand name designated, listed in this section.

 

(b)� Stimulants. �- Unless specifically excepted 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 (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

 

(i)� Those compounds, mixtures or preparations in dosage unit form containing any stimulant substances listed in Schedule II which compounds, mixtures or preparations were listed on August 25, 1971, as excepted in the Federal Register as excepted compounds under section 21 C.F.R. part 1308.32, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except that it contains a lesser quantity of controlled substances;

 

(ii)� Benzphetamine;

 

(iii)� Chlorphentermine;

 

(iv)� Clortermine;

 

(v)� Phendimetrazine.

 

(c)� Depressants. �- Unless specifically excepted or 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:

 

(i)� Any compound, mixture or preparation containing any of the following or any salt thereof, and one (1) or more other active medicinal ingredient not listed in any schedule:

 

(A)� Amobarbital;

 

(B)� Secobarbital;

 

(C)� Pentobarbital.

 

(ii)� Any suppository dosage form containing any of the following or any salt thereof, and approved by the food and drug administration for marketing only as a suppository:

 

(A)� Amobarbital;

 

(B)� Secobarbital;

 

(C)� Pentobarbital.

 

(iii)� Any substance which contains any quantity of a derivative of barbituric acid or any salt thereof;

 

(iv)� Chorhexadol;

 

(v)� Repealed By Laws 1997, ch. 151, � 2.

 

(vi)� Lysergic acid;

 

(vii)� Lysergic acid amide;

 

(viii)� Methyprylon;

 

(ix)� Sulfondiethylmethane;

 

(x)� Sulfonethylmethane;

 

(xi)� Sulfonmethane;

 

(xii)� Tiletamine and zolazepam or any salt thereof; some trade or other names for a tiletamine-zolazepam combination product: telazol; some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone; some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one, flupyrazapon;

 

(xiii)� Ketamine, its salts, isomers and salts of isomers (some other names for ketamine include (�)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);

 

(xiv)� Any drug product containing gamma hydoxybutyric acid, its salts, isomers and salts of isomers, for which an application is approved under section 505 of the federal Food, Drug and Cosmetic Act.

 

(d)� Nalorphine.

 

(e)� Narcotic drugs. �- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing 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 (viii) of this subsection:

 

(i)� Not more than one and eight-tenths (1.8) grams of codeine per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

 

(ii)� Not more than one and eight-tenths (1.8) grams of codeine per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;

 

(iii)� Not more than three hundred (300) milligrams of dihydrocodeinone (hydrocodone) per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

 

(iv)� Not more than three hundred (300) milligrams of dihydrocodeinone (hydrocodone) per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;

 

(v)� Not more than one and eight-tenths (1.8) grams of dihydrocodeine per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;

 

(vi)� Not more than three hundred (300) milligrams of ethylmorphine, per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;

 

(vii)� Not more than five hundred (500) milligrams of opium per one hundred (100) milliliters or per one hundred (100) grams, or not more than twenty-five (25) milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;

 

(viii)� Not more than fifty (50) milligrams of morphine per one hundred (100) milliliters or per one hundred (100) grams, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts.

 

(f)� The commissioner may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsections (b) and (c) of this section from the application of all or any part of this act if the compound, mixture, or preparation contains one (1) or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.

 

(g)� Anabolic steroids. � For purposes of this subsection, "anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids and dehydroepiandrosterone) and unless specifically excepted or unless listed in another schedule, includes any of the following or any ether, ester, salt or derivative of the following that acts in the same manner on the human body:

 

(i)� 3[beta],17-dihydro-5a-androstane;

 

(ii)� 3[alpha],17[beta]-dihydroxy-5a-androstane;

 

(iii)� 5[alpha]-androstan-3,17-dione;

 

(iv)� 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-1-ene);

 

(v)� 1-androstenediol (3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene);

 

(vi)� 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene);

 

(vii)� 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene);

 

(viii)� 1-androstenedione ([5[alpha]]-androst-1-en-3,17-dione);

 

(ix)� 4-androstenedione (androst-4-en-3,17-dione);

 

(x)� 5-androstenedione (androst-5-en-3,17-dione);

 

(xi)� Bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);

 

(xii)� Boldenone (17[beta]-hydroxyandrost-1,4,-diene-3-one);

 

(xiii)� Calusterone (7[beta],17[alpha]-dimethyl-17[beta],hydroxyandrost-4-en-3-one);

 

(xiv)� Clostebol (4chloro-17[beta]-hydroxyandrost-4-en-3-one);

 

(xv)� Dehydrochloromethyltestosterone (4-chloro-17[beta]-hydroxy-17[alpha]-methyl-androst-1,4dien-3-one);

 

(xvi)� [Delta]1-dihydrotestosterone (also known as "1-testosterone") (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);

 

(xvii)� 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one);

 

(xviii)� Drostanolone (17[beta]-hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one);

 

(xix)� Ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene);

 

(xx)� Fluoxymesterone (9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one);

 

(xxi)� Formebolone (2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one);

 

(xxii)� Furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan);

 

(xxiii)� 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one);

 

(xxiv)� 4-hydroxytestosterone (4,17[beta]-dihydroxy-androst-4-en-3-one);

 

(xxv)� 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxy-estr-4-en-3-one);

 

(xxvi)� Mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5-androstan-3-one);

 

(xxvii)� Mesterolone (1[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);

 

(xxviii)� Methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one);

 

(xxix)� Methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene);

 

(xxx)� Methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);

 

(xxxi)� 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5a-androstane);

 

(xxxii)� 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5a-androstane);

 

(xxxiii)� 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene);

 

(xxxiv)� 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);

 

(xxxv)� Methyldienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one);

 

(xxxvi)� Methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9-11-trien-3-one);

 

(xxxvii)� Methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one);

 

(xxxviii)� Mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one);

 

(xxxix)� 17[alpha]-methyl-[Delta]1-dihydrotestosterone (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one) (also known as "17-[alpha]-methyl-1-tesosterone");

 

(xl)� Nandrolone (17[beta]-hydroxyestr-4-en-3-one);

 

(xli)� 19-nor-4-androstenediol (3[beta], 17[beta]-dihydroxyestr-4-ene);

 

(xlii)� 19-nor-4-androstenediol (3[alpha], 17[beta]-dihydroxyestr-4-ene);

 

(xliii)� 19-nor-5-androstenediol (3[beta], 17[beta]-dihydroxyestr-5-ene);

 

(xliv)� 19-nor-5-androstenediol (3[alpha], 17[beta]-dihydroxyestr-5-ene);

 

(xlv)� 19-nor-4-androstenedione (estr-4-en-3,17-dione);

 

(xlvi)� 19-nor-5-androstenedione (estr-5-en-3,17-dione);

 

(xlvii)� Norbolethone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one);

 

(xlviii)� Norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one);

 

(xlix)� Norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one);

 

(l)� Normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one);

 

(li)� Oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-[5[alpha]]-androstan-3-one);

 

(lii)� Oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one);

 

(liii)� Oxymetholone (17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);

 

(liv)� Stanozolol (17[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androst-2-eno[3,2-c]-pyrazole);

 

(lv)� Stenbolone (17[beta]-hydroxy-2-methyl-[5[alpha]]-androst-1-en-3-one);

 

(lvi)� Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);

 

(lvii)� Testosterone (17[beta]-hydroxyandrost-4-en-3-one);

 

(lviii)� Tetrahydrogestrinone (13[beta], 17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one);

 

(lix)� Trenbolone (17[beta]-hydroestr-4,9,11-trien-3-one);

 

(lx)� Boldione (androsta-1,4-diene-3,17-dione);

 

(lxi)� Desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst- 2-en-17[beta]-ol)(also known as madol);

 

(lxii)� 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene- 3,17-dione);

 

(lxiii)� Any salt, ester or ether of a drug or substance described or listed in this subsection, except the term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the United States secretary of health and humans services for such administration. If any person prescribes, dispenses or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of this subsection.

 

(h)� Hallucinogenic substances:

 

(i)� Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and Drug Administration approved drug product; some other names for dronobinol include (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d]pyran-1-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol.

 

(j)� 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)� Buprenorphine.

 

35-7-1019.� Findings requiring inclusion of substance in Schedule IV.

 

 

(a)� The commissioner shall place a substance in Schedule IV if he finds that:

 

(i)� The substance has a low potential for abuse relative to substances in Schedule III;

 

(ii)� The substance has currently accepted medical use in treatment in the United States; and

 

(iii)� Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.

 

35-7-1020.� Substances included in Schedule IV.

 

(a)� The controlled substances listed in this section are included in Schedule IV. Schedule IV shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated, listed in this section.

 

(b)� Narcotic drugs. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing 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) and (ii) of this subsection:

 

(i)� Not more than one (1) milligram of difenoxin and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit;

 

(ii)� Dextropropoxyphene (alpha -(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2- propionoxy-butane).

 

(c)� Depressants. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

 

(i)� Alprazolam;

 

(ii)� Barbital;

 

(iii)� Bromazepam;

 

(iv)� Camazepam;

 

(v)� Chloral betaine;

 

(vi)� Chloral hydrate;

 

(vii)� Chlordiazepoxide;

 

(viii)� Clobazam;

 

(ix)� Clonazepam;

 

(x)� Clorazepate;

 

(xi)� Clotiazepam;

 

(xii)� Cloxazolam;

 

(xiii)� Delorazepam;

 

(xiv)� Diazepam;

 

(xv)� Estazolam;

 

(xvi)� Ethchlorvynol;

 

(xvii)� Ethinamate;

 

(xviii)� Ethyl Loflazepate;

 

(xix)� Fludiazepam;

 

(xx)� Flunitrazepam;

 

(xxi)� Flurazepam;

 

(xxii)� Halazepam;

 

(xxiii)� Haloxazolam;

 

(xxiv)� Ketazolam;

 

(xxv)� Loprazolam;

 

(xxvi)� Lorazepam;

 

(xxvii)� Lormetazepam;

 

(xxviii)� Mebutamate;

 

(xxix)� Medazepam;

 

(xxx)� Meprobamate;

 

(xxxi)� Methohexital;

 

(xxxii)� Methylphenobarbital (mephobarbital);

 

(xxxiii)� Nimetazepam;

 

(xxxiv)� Nitrazepam;

 

(xxxv)� Nordiazepam;

 

(xxxvi)� Oxazepam;

 

(xxxvii)� Oxazolam;

 

(xxxviii)� Paraldehyde;

 

(xxxix)� Petrichloral;

 

(xl)� Phenobarbital;

 

(xli)� Pinazepam;

 

(xlii)� Prazepam;

 

(xliii)� Temazepam;

 

(xliv)� Tetrazepam;

 

(xlv)� Triazolam;

 

(xlvi)� Midazolam;

 

(xlvii)� Quazepam;

 

(xlviii)� Zolpidem;

 

(xlix)� Zaleplon;

 

(l)� Dichloralphenazone;

 

(li)� Zopiclone;

 

(lii)� Fospropofol.

 

(d)� Fenfluramine. - Any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts, isomers whether optical, position or geometric, and salts of isomers when the existence of these salts, isomers and salts of isomers is possible:

 

(i)� Fenfluramine.

 

(e)� Stimulants. - Unless specifically excepted 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)� Diethylpropion;

 

(ii)� Mazindol;

 

(iii)� Pemoline (including organometallic complexes and chelates thereof);

 

(iv)� Phentermine;

 

(v)� Pipradrol;

 

(vi)� SPA ((-)-1-dimethylamino-1, 2-diphenylethane);

 

(vii)� Cathine ((+)-norpseudoephedrine);

 

(viii)� Fencamfamin;

 

(ix)� Fenproporex;

 

(x)� Mefenorex;

 

(xi)� Sibutramine;

 

(xii)� Modafinil.

 

(f)� Other substances. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts:

 

(i)� Pentazocine;

 

(ii)� Butorphanol (including its optical isomers);

 

(iii)� Carisoprodol;

 

(iv)� Tramadol.

 

(g)� The commissioner may except by rule any compound, mixture or preparation containing any depressant substance listed in subsection (c) of this section from the application of all or any part of this act if the compound, mixture or preparation contains one (1) or more active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substance which have a depressant effect on the central nervous system.

 

35-7-1021.� Findings requiring inclusion of substance in Schedule V.

 

 

(a)� The commissioner shall place a substance in Schedule V if he finds that:

 

(i)� The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;

 

(ii)� The substance has currently accepted medical use in treatment in the United States; and

 

(iii)� The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.

 

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].

 

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.

 

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.

 

35-7-1025.� Registration of manufacturers and distributors.

 

 

(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 must 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.

 

(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.

 

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.

 

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.

 

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.

 

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.

 

35-7-1030.� Prescriptions required in certain instances.

 

(a)� Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II may be dispensed without the written or electronic prescription of a practitioner.

 

(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)� Except when dispensed directly by a practitioner other than a pharmacy to an ultimate user, a controlled substance included in Schedule III or IV, which is a prescription drug as determined under state or federal statute, shall not be dispensed without a written, oral or electronic prescription of a practitioner. The prescription shall not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner.

 

(d)� No controlled substances included in any schedule may be distributed or dispensed for other than an acceptable medical indication.

 

35-7-1031.� Unlawful manufacture or delivery; counterfeit substance; unlawful possession.

 

(a)� Except as authorized by this act, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance. Any person who violates this subsection with respect to:

 

(i)� Methamphetamine or a controlled substance classified in Schedule I or II which is a narcotic drug, is guilty of a crime and upon conviction may be imprisoned for not more than twenty (20) years, or fined not more than twenty-five thousand dollars ($25,000.00), or both;

 

(ii)� Any other controlled substance classified in Schedule I, II or III, is guilty of a crime and upon conviction may be imprisoned for not more than ten (10) years, fined not more than ten thousand dollars ($10,000.00), or both;

 

(iii)� A substance classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than two (2) years, fined not more than two thousand five hundred dollars ($2,500.00), or both;

 

(iv)� A substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than one (1) year, fined not more than one thousand dollars ($1,000.00), or both.

 

(b)� Except as authorized by this act, it is unlawful for any person to create, deliver, or possess with intent to deliver, a counterfeit substance. Any person who violates this subsection with respect to:

 

(i)� A counterfeit substance classified in Schedule I or II which is a narcotic drug, is guilty of a crime and upon conviction may be imprisoned for not more than twenty (20) years, fined not more than twenty-five thousand dollars ($25,000.00), or both;

 

(ii)� Any other counterfeit substance classified in Schedule I, II or III, is guilty of a crime and upon conviction may be imprisoned for not more than ten (10) years, fined not more than ten thousand dollars ($10,000.00), or both;

 

(iii)� A counterfeit substance classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than two (2) years, fined not more than two thousand five hundred dollars ($2,500.00), or both;

 

(iv)� A counterfeit substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than one (1) year, fined not more than one thousand dollars ($1,000.00), or both.

 

(c)� It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this act. With the exception of dronabinol as listed in W.S. 35-7-1018(h), and notwithstanding any other provision of this act, no practitioner shall dispense or prescribe marihuana, tetrahydrocannabinol, or synthetic equivalents of marihuana or tetrahydrocannabinol and no prescription or practitioner's order for marihuana, tetrahydrocannabinol, or synthetic equivalents of marihuana or tetrahydrocannabinol shall be valid. Any person who violates this subsection:

 

(i)� And has in his possession a controlled substance in the amount set forth in this paragraph is guilty of a misdemeanor punishable by imprisonment for not more than twelve (12) months, a fine of not more than one thousand dollars ($1,000.00), or both.� Any person convicted for a third or subsequent offense under this paragraph, including convictions for violations of similar laws in other jurisdictions, shall be imprisoned for a term not more than five (5) years, fined not more than five thousand dollars ($5,000.00), or both.� For purposes of this paragraph, the amounts of a controlled substance are as follows:

 

(A)� For a controlled substance in plant form, no more than three (3) ounces;

 

(B)� For a controlled substance in liquid form, no more than three-tenths (3/10) of a gram;

 

(C)� For a controlled substance in powder or crystalline form, no more than three (3) grams;

 

(D)� For a controlled substance in pill or capsule form, no more than three (3) grams;

 

(E)� For a controlled substance in the form of cocaine-based "crack" cocaine, no more than five-tenths (5/10) of a gram;

 

(F)� For a controlled substance known as LSD (Lysergic acid diethylamide), no more than three-tenths (3/10) of a gram.

 

(ii)� And has in his possession methamphetamine or a controlled substance classified in Schedule I or II which is a narcotic drug in an amount greater than those set forth in paragraph (c)(i) of this section, is guilty of a felony punishable by imprisonment for not more than seven (7) years, a fine of not more than fifteen thousand dollars ($15,000.00), or both;

 

(iii)� And has in his possession any other controlled substance classified in Schedule I, II or III in an amount greater than set forth in paragraph (c)(i) of this section, is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both;

 

(iv)� And has in his possession a controlled substance classified in Schedule IV in an amount greater than set forth in paragraph (c)(i) of this section, is guilty of a felony punishable by imprisonment for not more than two (2) years, a fine of not more than two thousand five hundred dollars ($2,500.00), or both;

 

(v)� And has in his possession a controlled substance classified in Schedule V, is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.

 

(d)� For purposes of determining the weights to be given the controlled substances under this section, the weights designated in this section shall include the weight of the controlled substance and the weight of any carrier element, cutting agent, diluting agent or any other substance excluding packaging material.

 

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.

 

35-7-1033.� Unlawful acts; distribution; registration; possession; records; counterfeiting; punishment.

 

(a)� It is unlawful for any person knowingly or intentionally:

 

(i)� To distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by W.S. 35-7-1029;

 

(ii)� To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;

 

(iii)� To acquire or obtain possession of, to procure or attempt to procure the administration of, or to obtain a prescription for, any controlled substance by misrepresentation, fraud, forgery, deception or subterfuge.� The conduct prohibited by this paragraph includes but is not limited to:

 

(A)� Failing to disclose to a practitioner that the person has received the same or similar controlled substance or prescription for a controlled substance from another source within the prior thirty (30) days;

 

(B)� Alteration or forgery of a prescription or written order for a controlled substance; and

 

(C)� The use of a false name or address.

 

(iv)� To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this act, or any record required to be kept by this act; or

 

(v)� To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.

 

(b)� Except for a violation of subparagraph (a)(iii)(B) of this section and except as otherwise provided:

 

(i)� A person who is convicted upon a plea of guilty or no contest or found guilty of violating paragraph (a)(iii) of this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, and the person may be ordered to receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9-2-2701(c) before sentencing;

 

(ii)� A person convicted upon a plea of guilty or no contest or found guilty of a second offense of violating paragraph (a)(iii) of this section is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, and the person shall be ordered to receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9-2-2701(c) before sentencing;

 

(iii)� A person convicted upon a plea of guilty or no contest or found guilty of a third or subsequent offense of violating paragraph (a)(iii) of this section is guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both;

 

(iv)� In the event a substance abuse assessment ordered pursuant to this section is provided by an entity with whom the department of health contracts for treatment services, the costs of the assessment shall be paid by the offender subject to the sliding fee scale adopted pursuant to W.S. 35-1-620 and 35-1-624; provided however, if the assessment is ordered as a result of a felony conviction under this section, the assessment shall be conducted and costs assessed pursuant to W.S. 7-13-1301, et seq.;

 

(v)� Notwithstanding any other provision of law, the term of probation imposed by a court for a violation of paragraph (a)(iii) of this section for a first or second conviction may exceed the maximum term of imprisonment established for the applicable offense under paragraph (i) or (ii) of this subsection provided the term of probation, together with any extension thereof, shall in no case exceed two (2) years.

 

(c)� Except as otherwise provided, any person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than five (5) years, or fined not more than ten thousand dollars ($10,000.00), or both.

 

(d)� A person convicted upon a plea of guilty or no contest or found guilty of violating subparagraph (a)(iii)(B) of this section is guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.

 

35-7-1034.� Penalties are additional.

 

Any penalty imposed for violation of this act is in addition to, and not in lieu of, any civil administrative penalty or sanction otherwise authorized by law.

 

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.

 

35-7-1036.� Distribution to person under 18; drug free school zones.

 

(a)� Any person eighteen (18) years of age or over who violates W.S. 35-7-1031(a) by distributing methamphetamine or a controlled substance listed in Schedules I or II which is a narcotic drug to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by W.S. 35-7-1031(a)(i), by a term of imprisonment of up to twice that authorized by W.S. 35-7-1031(a)(i), or both. Any person eighteen (18) years of age or over who violates W.S. 35-7-1031(a) by distributing any other controlled substance listed in Schedules I, II, III, to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by W.S. 35-7-1031(a)(ii), by a term of imprisonment up to twice that authorized by W.S. 35-7-1031(a)(ii), or both. Any person eighteen (18) years of age or over who violates W.S. 35-7-1031(a) by distributing any controlled substance listed in Schedule IV to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by W.S. 35-7-1031(a)(iii), by a term of imprisonment up to twice that authorized by W.S. 35-7-1031(a)(iii), or both. Any person eighteen (18) years of age or over who violates W.S. 35-7-1031(a) by distributing any controlled substance listed in Schedule V to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by W.S. 35-7-1031(a)(iv), by a term of imprisonment up to twice that authorized by W.S. 35-7-1031(a)(iv), or both.

 

(b)� Any person who is convicted of any of the following listed offenses with regard to a controlled substance listed in Schedules I through IV shall have the penalties specified in this subsection imposed as part of the sentence and in addition to any other penalties authorized by law, if that offense was committed within any school bus as defined in W.S. 31-7-102(a)(xix) or within the boundaries of or within five hundred (500) feet of the boundaries of real property used by a school district primarily for the education of any student in any grade from kindergarten through twelfth grade:

 

(i)� If an adult:

 

(A)� For manufacture, delivery or possession with intent to manufacture or deliver in violation of W.S. 35-7-1031(a) or subsection (a) of this section:

 

(I)� Imprisonment for a minimum of two (2) years; and

 

(II)� An additional fine of one thousand dollars ($1,000.00).

 

(B)� For possession in violation of W.S. 35-7-1031(c) an additional fine of five hundred dollars ($500.00).

 

(ii)� If a minor and if not sentenced to a term of imprisonment which is unsuspended:

 

(A)� For manufacture, delivery or possession with intent to manufacture or deliver in violation of W.S. 35-7-1031(a):

 

(I)� Successful completion of a drug education or rehabilitation program specified by the court;

 

(II)� Not less than twenty-five (25) nor more than two hundred (200) hours of community service specified by the court; and

 

(III)� Submission to monthly drug testing for one (1) year.

 

(B)� For possession in violation of W.S. 35-7-1031(c):

 

(I)� Successful completion of a drug education or rehabilitation program specified by the court;

 

(II)� Not less than twenty-five (25) nor more than one hundred (100) hours of community service specified by the court; and

 

(III)� Submission to monthly drug testing for six (6) months.

 

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), 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. 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.

 

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).

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

35-7-1046.� Administrative inspection warrants.

 

(a)� Issuance and execution of administrative inspection warrants for controlled premises as defined in this section shall be as follows:

 

(i)� Any district court judge or district court commissioner upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by this act or rules hereunder, and seizures of property appropriate to such inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this act, as it relates to the regulation of the legitimate traffic in controlled substances, sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant;

 

(ii)� A warrant shall issue only upon an affidavit of a designated officer or employee of the board or of the commissioner having knowledge of the facts alleged, sworn to before the district judge or district court commissioner establishing the grounds for issuing the warrant. If the district judge or district court commissioner is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. The warrant shall:

 

(A)� State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;

 

(B)� Be directed to a person authorized by W.S. 35-7-1045 to execute it;

 

(C)� Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;

 

(D)� Identify the item or types of property to be seized, if any;

 

(E)� Direct that it be served during normal business hours and designate the judge to whom it shall be returned.

 

(iii)� A warrant issued pursuant to this section must be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present or in the presence of at least one (1) credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant;

 

(iv)� The judge or district court commissioner who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the district court for the judicial district in which the inspection was made.

 

(b)� The board may make administrative inspections of controlled premises in accordance with the following provisions:

 

(i)� For purposes of this section only, "controlled premises" means:

 

(A)� Places where persons registered or exempted from registration requirements under this act are required to keep records; and

 

(B)� Places including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this act other than an ultimate user are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance.

 

(ii)� When authorized by an administrative inspection warrant issued pursuant to subsection (a) of this section an officer or employee designated by the board or commissioner, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection;

 

(iii)� When authorized by an administrative inspection warrant, an officer or employee designated by the board or commissioner may:

 

(A)� Inspect and copy records required by this act to be kept;

 

(B)� Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers, and labeling found therein, and except as provided in paragraph (b)(v) of this section, all other things therein, including records, files, papers, processes, controls, and facilities bearing on violation of this act; and

 

(C)� Inventory any stock of any controlled substance therein and obtain samples thereof.

 

(iv)� This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena issued in accordance with the Wyoming Administrative Procedure Act and the rules promulgated thereunder, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:

 

(A)� If the owner, operator, or agent in charge of the controlled premises consents;

 

(B)� In situations presenting imminent danger to health or safety where a warrant is not constitutionally required;

 

(C)� In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

 

(D)� In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking and a warrant is not constitutionally required; or

 

(E)� In all other situations in which a warrant is not constitutionally required.

 

(v)� An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data, unless the owner, operator, or agent in charge of the controlled premises consents in writing.

 

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.

 

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.

 

35-7-1049.� Forfeitures and seizures generally; property subject to forfeiture.

 

(a)� The following are subject to forfeiture:

 

(i)� All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of this act;

 

(ii)� All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substances in violation of this act;

 

(iii)� All property which is used as a container for property described in paragraph (i) or (ii) of this subsection;

 

(iv)� All books, records, and research products and materials, including formulas, microfilm, tapes, and data, which are used, or intended for use, in violation of this act;

 

(v)� All conveyances including aircraft, vehicles or vessels, knowingly used or intended for use to transport or in any manner to knowingly facilitate the transportation for the sale or receipt of property described in paragraph (a)(i) or (ii) of this section may be seized by the commissioner and forfeited to the state pursuant to subsection (e) of this section:

 

(A)� No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or corporate officer is a consenting party or privy to a violation of this act;

 

(B)� No conveyance is subject to forfeiture under this section by reason of any act committed without the knowledge or consent of the owner;

 

(C)� A conveyance is not subject to forfeiture for a violation of W.S. 35-7-1031(c);

 

(D)� A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act.

 

(vi)� All "drug paraphernalia" as defined by W.S. 35-7-1002(a)(xxvii);

 

(vii)� All buildings knowingly used or intended for use to store, manufacture or distribute property described under paragraphs (a)(i) or (ii) of this section if the owner has knowledge of or gives consent to the act of violation. A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if he did not have knowledge of or give consent to the act;

 

(viii)� Any property or other thing of pecuniary value furnished in exchange for a controlled substance in violation of this act including any proceeds, assets or other property of any kind traceable to the exchange and any money, securities or other negotiable instruments used to facilitate a violation of this act. Property used or furnished without the consent or knowledge of the owner is not forfeitable under this section to the extent of his interest.

 

(b)� Property subject to forfeiture under this act may be seized by any law enforcement officer of the state upon process issued by any district court or district court commissioner having jurisdiction over the property. Seizure without process may be made if:

 

(i)� The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;

 

(ii)� The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal, injunction or forfeiture proceeding based upon this act;

 

(iii)� The board or commissioner has probable cause to believe that the property was used or is intended to be used in violation of this act.

 

(c)� Prompt institution of proceedings. - In the event of seizure pursuant to subsection (b) of this section, proceedings under subsection (d) of this section shall be instituted promptly.

 

(d)� Seized property not repleviable; sealing or removal of seized property. - Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the commissioner subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this act, the commissioner may:

 

(i)� Place the property under seal;

 

(ii)� Remove the property to a place designated by him; or

 

(iii)� Require the board to take custody of the property and remove it to an appropriate location for disposition in accordance with law.

 

(e)� When property is forfeited under this act, the commissioner may:

 

(i)� Retain it for official use; in which case it shall become the property of the state of Wyoming;

 

(ii)� Sell any such property which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs;

 

(iii)� Require the board to take custody of the property and remove it for disposition in accordance with law;

 

(iv)� Repealed by Laws 1983, ch. 160, � 2.

 

(v)� Transfer ownership and control of the property to any municipality or political subdivision of the state for its official use; or

 

(vi)� Authorize any law enforcement officer to apply to the district court with jurisdiction for an order providing for destruction of the contraband controlled substances or paraphernalia if no longer necessary for evidentiary purposes, provided, however, that a district court order shall not be necessary for the division of criminal investigation to destroy quantities of contraband controlled substances after the division has tested random samples.� The division of criminal investigation shall adopt rules necessary to operate a program to destroy bulk quantities of contraband controlled substances, which shall include:

 

(A)� The photographing and videotaping of the entire bulk amount of seized contraband controlled substances to maintain its evidentiary value and to create exhibits for use in legal proceedings;

 

(B)� The extraction of ten (10) random samples from the entire bulk amount of seized contraband controlled substances for laboratory analysis;

 

(C)� A weighing on properly calibrated scales of both the bulk amount of seized contraband controlled substances and the representative samples;

 

(D)� The additional retention of:

 

(I)� Five (5) ounces of organic material if the controlled substance is marihuana or a substance of similar organic composition;

 

(II)� Five (5) grams of a controlled substance in powdered or crystalline form;

 

(III)� Five-tenths (0.5) of a gram of a controlled substance in liquid form;

 

(IV)� An amount sufficient for testing by experts shall be made available from the additionally retained sample for the purpose of defending criminal charges arising from the possession, use or sale of the controlled substance.

 

(E)� After the testing and retention of samples specified in this paragraph, the commissioner or his designee may order the destruction of the bulk amount of the seized contraband controlled substance in excess of the representative sample and the additional retained samples of the seized contraband controlled substance;

 

(F)� Once the representative samples and the additional retained samples of the contraband controlled substance are no longer necessary for evidentiary purposes, any law enforcement officer, upon authorization from the commissioner, may apply to the district court with jurisdiction for an order providing for the destruction of the remaining contraband controlled substance.

 

(f)� Any controlled substance listed in Schedules I through V that is possessed, transferred, sold or offered for sale in violation of this act is contraband and shall be seized and summarily forfeited to the state. Any controlled substance listed in Schedules I through V which is seized or comes into possession of the state and the owner is unknown, is contraband and shall be summarily forfeited to the state.

 

(g)� Seizures and summary forfeiture of certain plants generally. - Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this act, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the state.

 

(h)� Authority for seizure and forfeiture of plants. - The failure, upon demand by the commissioner, or his authorized agent, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.

 

(j)� Any law enforcement agency of this state may accept, receive, dispose of and expend the property or proceeds from any property forfeited to the federal government or any state and allocated to the agency by the United States attorney general pursuant to 21 U.S.C. 881(e) or any law of another state. The property or proceeds shall be in addition to funds appropriated to the law enforcement agency by the state legislature or any unit of local government.� The property or proceeds may be credited to any lawfully created fund or account designated to receive proceeds of forfeitures. For the period beginning July 1, 1996, and ending June 30, 1998, the division shall provide to the joint appropriations interim committee of the legislature a quarterly audit of the assets forfeiture account detailing the collection and distribution of all seized assets.

 

(k)� Any law enforcement agency of this state which receives property or proceeds pursuant to subsection (j) of this section shall report to the attorney general on forms to be prescribed by the attorney general:

 

(i)� The receipt of property or proceeds within thirty (30) days from the receipt; and

 

(ii)� The disposition or expenditure of any property or proceeds within ninety (90) days from the disposition or expenditure.

 

(m)� The attorney general shall submit a biennial report to the joint appropriations interim committee concerning recipients and the amount of property and proceeds received, disposed of or expended under subsection (j) of this section.

 

(n)� No law enforcement agency of this state shall accept property or proceeds pursuant to subsection (j) of this section if the tender of the property or proceeds is conditioned upon the state law enforcement agency's adoption of federal law enforcement practices and procedure.

 

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.

 

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.

 

35-7-1052.� Educational programs; research.

 

 

(a)� The commissioner may carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs he may:

 

(i)� Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;

 

(ii)� Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;

 

(iii)� Consult with interested groups and organizations to aid them in solving administrative and organizational problems;

 

(iv)� Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;

 

(v)� Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and,

 

(vi)� Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.

 

(b)� The commissioner may encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of this act, he may:

 

(i)� Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse;

 

(ii)� Make studies and undertake programs of research to:

 

(A)� Develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of this act;

 

(B)� Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and,

 

(C)� Improve methods for preventing, predicting, understanding, and dealing with the misuse and abuse of controlled substances.

 

(iii)� Enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse of controlled substances.

 

(c)� The commissioner may enter into contracts for educational and research activities without performance bonds.

 

(d)� The commissioner shall authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.

 

(e)� The commissioner may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization.

 

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.

 

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.

 

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.

 

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.

 

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.

 

35-7-1058.� Definitions.

 

(a)� As used in this article:

 

(i)� "Booby trap" means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. "Booby trap" includes guns, ammunition or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wire with hooks attached and devices for the production of toxic fumes or gases;

 

(ii)� "Clandestine laboratory operation" means:

 

(A)� Purchasing or procuring chemicals, supplies, equipment or a laboratory location for the illegal manufacture of controlled substances;

 

(B)� Transporting or arranging for the transportation of chemicals, supplies or equipment for the illegal manufacture of controlled substances;

 

(C)� Setting up equipment or supplies in preparation for the illegal manufacture of controlled substances; or

 

(D)� Distributing or disposing of chemicals, equipment, supplies or products used in or produced by the illegal manufacture of controlled substances.

 

(iii)� "Disposal" means abandoning, discharging, depositing, injecting, dumping, spilling, leaking or placing any hazardous or dangerous material into or on any property, land or water so that the material may enter the environment, be emitted into the air or discharged into any waters, including groundwater;

 

(iv)� "Equipment" or "laboratory equipment" means all products, components or materials of any kind when used, intended for use or designed for use in the manufacture, preparation, production, compounding, conversion or processing of a controlled substance in violation of this article.� "Equipment" or "laboratory equipment" includes:

 

(A)� Glass reaction vessel;

 

(B)� Separatory funnel;

 

(C)� Glass condensor;

 

(D)� Analytical balance; or

 

(E)� Heating mantle.

 

(v)� "Hazardous or dangerous material" means any substance which because of its quantity, concentration, physical characteristics or chemical characteristics may cause or significantly contribute to an increase in mortality, an increase in serious illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise improperly managed;

 

(vi)� "List I controlled substance precursor" means, including a chemical reagent, any salt, isomer or salt of an isomer of:

 

(A)� Anthranilic acid;

 

(B)� Barbituric acid;

 

(C)� Benzaldehyde;

 

(D)� Benzyl chloride;

 

(E)� Benzyl cyanide;

 

(F)� D-lysergic acid;

 

(G)� Diethyl malonate;

 

(H)� Ephedrine;

 

(J)� Ergonovine;

 

(K)� Ergotamine;

 

(M)� Ethyl malonate;

 

(N)� Ethylamine;

 

�(O)� Hydriotic acid;

 

(P)� Insosafrole;

 

(Q)� Malonic acid;

 

(R)� Methylamine;

 

(S)� 3,4-methylenedioxyphenyl-2-propanone;

 

(T)� Morpholine;

 

(U)� N-acetylanthranilic acid;

 

(W)� N-ethylephedrine;

 

(Y)� N-ethylpseudoephedrine;

 

(Z)� N-methylephedrine;

 

(AA)� N-methylpseudoephedrine;

 

(BB)� Norpseudoephedrine;

 

(CC)� Nitroethane;

 

(DD)� Phenyl-2-propanone;

 

(EE)� Phenylacetic acid;

 

(FF)� Phenylpropanolamine;

 

(GG)� Piperidine;

 

(HH)� Piperonal;

 

(JJ)� Propionic anhydride;

 

(KK)� Pseudoephedrine;

 

(MM)� Pyrrolidine;

 

(NN)� Safrole.

 

(vii)� "List II controlled substance precursor" means, including a chemical reagent, any salt, isomer or salt of an isomer of:

 

(A)� Acetic anhydride;

 

(B)� Acetone;

 

(C)� 2-butanone;

 

(D)� Ethyl ether;

 

(E)� Hydrochloric acid;

 

(F)� Iodine;

 

(G)� Potassium permanganate;

 

(H)� Toluene.

 

(viii)� "This article" means W.S. 35-7-1058 and 35-7-1059.

 

35-7-1059.� Unlawful clandestine laboratory operations; methamphetamine precursors; presumptively illegal amount; methamphetamine precursor sales limitations; registration requirements; reports; penalties.

 

(a)� It is unlawful for any person to knowingly or intentionally:

 

(i)� Possess a List I or II controlled substance precursor with the intent to engage in a clandestine laboratory operation;

 

(ii)� Possess laboratory equipment or supplies with the intent to engage in a clandestine laboratory operation;

 

(iii)� Sell, distribute or otherwise supply a List I or II controlled substance precursor, laboratory equipment or laboratory supplies knowing it will be used for a clandestine laboratory operation;

 

(iv)� Conspire with or aid another to engage in a clandestine laboratory operation.

 

(b)� A person who violates subsection (a) of this section is guilty of a felony punishable by imprisonment for not more than twenty (20) years, a fine of not more than twenty-five thousand dollars ($25,000.00), or both.

 

(c)� A person who violates subsection (a) of this section is guilty of a felony punishable by imprisonment for not more than twenty-five (25) years, a fine of not more than fifty thousand dollars ($50,000.00), or both if the judge or jury also finds any one (1) of the following conditions occurred in conjunction with that violation:

 

(i)� Illegal possession, transportation or disposal of hazardous or dangerous material or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment;

 

(ii)� The intended laboratory operation was to take place or did take place within five hundred (500) feet of a residence, business, church or school; or

 

(iii)� Any phase of the clandestine laboratory operation was conducted in the presence of a person less than eighteen (18) years of age.

 

(d)� A person who violates subsection (a) of this section is guilty of a felony punishable by imprisonment for not more than forty (40) years, a fine of not more than one hundred thousand dollars ($100,000.00), or both if the judge or jury also finds any one (1) of the following conditions occurred in conjunction with that violation:

 

(i)� Use of a firearm;

 

(ii)� Use of a booby trap.

 

(e)� Except as provided in this subsection, no person shall possess a drug product containing more than fifteen (15) grams of ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers. This subsection shall not apply to the following persons who are lawfully possessing drug products in the course of legitimate business:

 

(i)� A retail distributor or wholesaler of drug products registered with the board;

 

(ii)� A wholesale drug distributor licensed by the board;

 

(iii)� A drug manufacturer licensed by the board;

 

(iv)� A pharmacist licensed by the board;

 

(v)� A licensed health care professional possessing the drug products in the course of practicing his profession;

 

(vi)� A person in possession of more than fifteen (15) grams of methamphetamine precursor drugs in the person's home or residence under circumstances consistent with typical medicinal or household use as indicated by, but not limited to, storage location and possession of products in a variety of strengths, brands, types, purposes and expiration dates.

 

(f)� A person who knowingly or intentionally violates subsection (e) of this section is guilty of a felony punishable by imprisonment for not more than fifteen (15) years, a fine of twenty-five thousand dollars ($25,000.00), or both.

 

(g)� The retail sale of methamphetamine precursor drugs shall be limited as follows:

 

(i)� No person shall obtain more than a total of three and six-tenths (3.6) grams per calendar day, regardless of the number of transactions, of one (1) or more methamphetamine precursor drugs, calculated in terms of the active equivalent of ephedrine base, pseudoephedrine base or phenylpropanolamine base;

 

(ii)� Sales in blister packs, each blister containing not more than two (2) dosage units or, when the use of blister packs is not technically feasible, sales in unit dose packets or pouches;

 

(iii)� No person shall obtain more than nine (9) grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base, of which no more than seven and one-half (7.5) grams can be imported by private or commercial carrier or the United States postal service, during any thirty (30) day period.

 

(h)� No person shall sell in a single retail transaction more than two (2) packages of a product containing methamphetamine precursor drugs.� The seller shall maintain a written or electronic list of such sales in a logbook that identifies the products by name, the quantity sold, the names and addresses of purchasers, and the date and time of the sales except that such requirement does not apply to any purchase by an individual of a single sales package if that package contains not more than� sixty (60) milligrams of pseudoephedrine.� The seller shall maintain each entry in the logbook for not fewer than two (2) years after the date on which the entry is made.� The regulated seller who in good faith releases logbook information to federal, state or local law enforcement authorities is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton or willful misconduct.

 

(j)� A retail distributor of products containing methamphetamine precursors shall sell them in one (1) of the following ways:

 

(i)� Product packages are displayed behind a store counter, in an area not accessible to customers;

 

(ii)� Product packages are displayed in a locked case so that a customer must ask a store employee for assistance in purchasing the product;

 

(iii)� Product packages are displayed within thirty (30) feet of and in the direct line of sight of a cash register or store counter staffed by a store employee and the store employs a reliable alarm system to prevent the theft of multiple product packages;

 

(iv)� Product packages are displayed in a location that is under constant video surveillance and:

 

(A)� Persons examining or removing packages are within the camera's view;

 

(B)� The video camera records recognizable images at least once every ten (10) seconds;

 

(C)� Surveillance images are preserved for at least one hundred sixty-eight (168) hours and are available to law enforcement authorities immediately upon request;

 

(D)� The retail distributor posts a sign in a prominent manner stating that the area is under constant video surveillance;

 

(E)� The retail distributor reports to local law enforcement any theft or suspected thefts.

 

(k)� A person who intentionally or knowingly violates subsection (g), (h) or (j) of this section is guilty of a misdemeanor punishable by a fine of one hundred dollars ($100.00) for a first offense, five hundred dollars ($500.00) for a second offense within two (2) years and one thousand dollars ($1,000.00) and up to six (6) months imprisonment, or both, for a third offense within three (3) years.

 

(m)� A resident or nonresident retailer, manufacturer or wholesaler who distributes ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers in Wyoming shall:

 

(i)� Register with the board by submitting an application on a form prescribed by the board and pay a registration fee of twenty-five dollars ($25.00).� Where the retailer, manufacturer or wholesaler distributions are conducted at more than one (1) location, each location shall be separately registered.� Except as provided in subsection (n) of this section, those facilities registered with the board under W.S. 35-7-1024 on July 1, 2005, shall not be required to register under this section;

 

(ii)� Notify the board of the occurrence of any of the following:

 

(A)� The permanent closing of the retailer, manufacturer or wholesaler outlet;

 

(B)� A change in ownership, name, management or location.

 

(iii)� Be subject to inspection by the board. Inspections shall be conducted during normal business hours and shall be limited to the following:

 

(A)� For retail distribution, inspection of the method of display and sale of any drug products covered by this section;

 

(B)� For manufacturer or wholesaler distribution, inspection of the purchase and sale records of any drug products covered by this section.

 

(iv)� Display the registration issued by the board in a conspicuous location in the place of business;

 

(v)� Repealed By Laws 2011, Ch. 45, � 2.

 

(n)� A registration issued under this section shall be renewed annually, on or before September 30, by submitting a renewal application supplied by the board and paying the renewal fee of twenty-five dollars ($25.00).� Renewal applications postmarked after September 30 shall be subject to a late fee of fifty dollars ($50.00) which shall be in addition to the renewal fee.

 

(o)� The board may revoke, suspend or assess an administrative penalty for violations of subsection (m) of this section not to exceed one hundred dollars ($100.00) for a first offense, five hundred dollars ($500.00) for a second offense within two (2) years and one thousand dollars ($1,000.00) for a third offense within three (3) years.� Any administrative penalty assessed shall be paid to the board who shall remit the monies to the county treasurer to the credit of the public school fund of the county in which the violation occurred.

 

(p)� For purposes of this section, "methamphetamine precursor drug" means any product that contains ephedrine, pseudoephedrine or phenylpropanolamine or liquid products with ephedrine or pseudoephedrine as the sole active ingredient and may be marketed or distributed lawfully in the United States under the Federal Food, Drug and Cosmetic Act as a nonprescription drug.

 

35-7-1060.� Controlled substances prescription tracking program.

 

(a)� In addition to other duties and responsibilities as provided by this act, the board shall maintain a computerized program to track prescriptions for controlled substances for the purposes of assisting patients, practitioners and pharmacists to avoid inappropriate use of controlled substances and of assisting with the identification of illegal activity related to the dispensing of controlled substances.� The tracking program and any data created thereby shall be administered by the board, and the board may charge reasonable fees to help defray the costs of operating the program.� Any fee shall be included with and in addition to other registration fees established by the board as authorized in W.S. 35-7-1023.��

 

(b)� All prescriptions for schedule II, III and IV controlled substances dispensed by any retail pharmacy licensed by the board shall be filed with the board electronically or by other means required by the board no more than seven (7) days after dispensed.� The board may require the filing of other prescriptions and may specify the manner in which the prescriptions are filed.

 

(c)� The tracking program shall not be used to infringe on the legal use of a controlled substance.� Information obtained through the controlled substance prescription tracking program is confidential and may not be released and is not admissible in any judicial or administrative proceeding, except as follows:

 

(i)� The board may release information to practitioners and pharmacists when the release of the information may be of assistance in preventing or avoiding inappropriate use of controlled substances;

 

(ii)� The board shall report any information that it reasonably suspects may relate to fraudulent or illegal activity to the appropriate law enforcement agency and the relevant occupational licensing board;

 

(iii)� The board may release information to the patient to whom the information pertains or his agent or, if the patient is a minor, to his parents or guardian;

 

(iv)� The board may release information to a third party if the patient has signed a consent specifically for the release of his controlled substance prescription information to the specific third party;

 

(v)� The board may release information that does not identify individual patients, practitioners, pharmacists or pharmacies, for educational, research or public information purposes; and

 

(vi)� Subject to the rules of evidence, information obtained from the program is admissible in a criminal proceeding or an administrative proceeding involving professional licensing.

 

(d)� Unless there is shown malice, gross negligence, recklessness or willful and wanton conduct in disclosing information collected under this act, the board, any other state agency and any other person or entity in proper possession of information as provided by this section shall not be subject to any civil or criminal liability or action for legal or equitable relief.

 

(e)� The board may apply for and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

 

35-7-1061.� Pilot program for real-time database data access.

 

(a)� There is established a pilot program for real-time access to data from the controlled substance prescription tracking program, established by W.S. 35-7-1060, beginning July 1, 2010 and ending June 30, 2012.

 

(b)� In addition to fulfilling the requirements of W.S. 35-7-1060 on a statewide basis, the board shall upgrade, modify, administer and direct the functioning of the controlled substance prescription tracking program in geographical areas specified by the board, or on a statewide basis, in a manner that provides real-time access to the program.� The pilot program also shall:

 

(i)� Allow authorized persons to access the program, portions of the program or certain reports generated by the program from remote locations at any time;

 

(ii)� Create a means of verifying the identity of persons seeking access to the program;

 

(iii)� Develop programs to educate persons who are authorized to access the program about the pilot project and the methods by which the pilot program can be used to better avoid the inappropriate use of controlled substances and the identification of illegal activity related to the dispensing of controlled substances;

 

(iv)� Develop means of sharing relevant prescription drug information with other states who maintain prescription drug monitoring programs using the prescription monitoring information exchange specifications adopted by the United States department of justice;

 

(v)� Ensure the confidentially of all information disclosed;

 

(vi)� Ensure that the real-time access developed and allowed by the pilot program does not interfere with the proper functioning of the existing controlled substance prescription tracking program.

 

(c)� The requirements and obligations imposed by W.S. 35-7-1060 shall be applicable to the pilot program administered under this section to the extent they do not conflict with the requirements and obligations of this section.

 

(d)� All persons to whom W.S. 35-7-1060 applies shall cooperate with the board to provide weekly submission of, and real-time access to, information for the pilot program:

 

(i)� Within the pilot area as determined by the board under subsection (b) of this section;

 

(ii)� When the board implements the pilot program as a permanent program under subsection (g) of this section, on a statewide basis.

 

(e)� The board may promulgate rules and regulations as are necessary to create and operate the pilot program required by this section.

 

(f)� Each year starting in 2010 and ending in 2012, on or before June 30, the board shall report to the joint labor, health and social services interim committee regarding:

 

(i)� The implementation, operation and impact of the pilot program established in this section;

 

(ii)� The progress made by the board in implementing the pilot program on a statewide basis;

 

(iii)� The advisability of, and projected cost of, implementing the pilot program on a statewide basis;

 

(iv)� Any education sessions offered to the public regarding the pilot project and participation at those educational sessions;

 

(v)� Use of the pilot program by those persons entitled to receive information from the program; and

 

(vi)� Other information which the board believes is relevant.

 

(g)� The board shall, on or before July 1, 2012, implement the pilot program as a permanent program on a statewide basis.

 

(h)� The board shall submit an application to the United States department of justice and department of health and human services for all available grant monies to fund the pilot project required by this section.

 

(j)� To the extent federal funds are available to fund the pilot project required by this section, the board may expend any monies appropriated by the legislature in any minimum amount as may be necessary to qualify to receive the federal funds.� After all federal funds are exhausted, the board is authorized to use any remaining state funds consistent with all limitations imposed on funds in their appropriation.

 

35-7-1062.� Pilot program implementation assistance.

 

(a)� To the extent funds are available, the board may provide, at a reduced cost or free of charge, to any person required to participate in the pilot program described in W.S. 35-7-1061 and who incurs or will incur costs associated with that participation, technical assistance, training, software or hardware that will allow the person to participate in the pilot program.� The board may promulgate rules and regulations necessary to provide the assistance described in this subsection which rules or regulations shall:

 

(i)� Require written requests for assistance;

 

(ii)� Require itemized statements and proof of any costs incurred in participating in the pilot program;

 

(iii)� Establish deadlines for requesting the assistance described in this subsection;

 

(iv)� Require that equal assistance be provided to all persons requesting assistance and complying with the board's rules and regulations, except any person may receive less assistance if their request for assistance is in an amount less than the equal amount otherwise required by this paragraph.