Fentanyl to minors-enhanced penalty, the official text

ORIGINAL Senate
File No. SF0009

ENROLLED ACT NO. 13, SENATE

SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2026 Budget Session

AN ACT relating to controlled substances; providing for an enhanced penalty for controlled substance offenses related to the distribution or delivery of fentanyl to minors; making conforming amendments; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. W.S. 35‑7‑1036(a) and by creating a new subsection (c) is amended to read:

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. Except as provided in subsection (c) of this section, 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.

(c) Any person who is at least eighteen (18) years of age who violates W.S. 35‑7‑1031(a) by distributing fentanyl to a person under eighteen (18) years of age is guilty of a felony 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. As used in this subsection, "fentanyl" includes fentanyl and any isomer, ester, ether, salt and salt of isomers, esters and ethers of fentanyl, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation of fentanyl.

Section 2. This act is effective July 1, 2026.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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