§ 35-7-1036 — Distribution to person under 18; drug free school zones

Wyoming § 35-7-1036

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 6: IMITATION BUTTER AND CHEESE; OLEOMARGARINE
• Art. 10: CONTROLLED SUBSTANCES

Text

(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)(xl) 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.