(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
Free access — add to your briefcase to read the full text and ask questions with AI
(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 use disorder
assessment conducted by a substance use disorder 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 use
disorder assessment conducted by a substance use disorder
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 use disorder 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 payment policies adopted pursuant to W.S. 35-1-
620; 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.