(a) As used in this act:
(i) "Administer" means directly applying 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(iii) Repealed By Laws 2011, Ch. 45, § 2.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, district manager, park ranger or reserve 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 enforcing
felony statutes following observation or discovery of the
commission of a felony which was observed or discovered during
the performance of their official duties, 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-
7-1064.