ORIGINAL SENATE ENGROSSED
FILE NO. SF0074
ENROLLED ACT NO. 63, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
AN ACT relating to controlled substances; providing
immunity from prosecution of specified offenses under the
Wyoming Controlled Substances Act of 1971 to persons who
report or experience an emergency drug overdose event as
specified; providing applicability; making conforming
amendments; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 35-7-1064 is created to read:
35-7-1064. Drug overdose; limited immunity from
prosecution.
(a) A person who, in good faith, seeks medical
assistance for himself or another person is immune from
criminal prosecution for an offense listed in subsection
(c) of this section if:
(i) The person reasonably believes he or another
person is experiencing a drug overdose event;
(ii) The person provides a description of the
actual location of the drug overdose event;
(iii) The person remains at the scene of the
drug overdose event until a responding law enforcement
officer or emergency medical service provider arrives or
the person remains at the medical care facility where the
person experiencing the drug overdose event is located
until a responding law enforcement officer arrives;
(iv) The person cooperates with a responding law
enforcement officer, emergency medical service provider or
medical care provider, including by providing information ORIGINAL SENATE ENGROSSED
FILE NO. SF0074
ENROLLED ACT NO. 63, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
2
about the person experiencing the drug overdose event and
the type of substance that may have caused the drug
overdose event; and
(v) The offense listed in subsection (c) of this
section arises from the same course of events as the drug
overdose event.
(b) The immunity from prosecution under subsection
(a) of this section shall extend to the person experiencing
the drug overdose event if all the conditions specified in
subsection (a) of this section are satisfied.
(c) The immunity from prosecution under subsection
(a) of this section shall apply to the following offenses:
(i) Possession of a controlled substance under
W.S. 35-7-1031(c);
(ii) Use of a controlled substance under W.S.
35-7-1039.
(d) A person experiencing a drug overdose event shall
only be eligible to receive immunity from prosecution under
this section not more than two (2) times in a twelve (12)
month period. The limitations under this subsection shall
not apply to the person who seeks medical assistance for
himself or another person in accordance with subsection (a)
of this section. A person experiencing a drug overdose
event shall be eligible to receive immunity for a second
time in a twelve (12) month period under this subsection
only upon the person completing, after the second
qualifying drug overdose event, a drug treatment program
approved by the applicable district attorney. The district
attorney shall approve a drug treatment program consistent ORIGINAL SENATE ENGROSSED
FILE NO. SF0074
ENROLLED ACT NO. 63, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
3
with the results of a substance abuse assessment
administered at the expense of the person who experienced
the drug overdose event.
(e) As used in this section:
(i) "Drug overdose event" means a condition,
including extreme physical illness, a decreased level of
consciousness or respiratory depression that a reasonable
person would believe requires medical assistance to address
and correct resulting from the consumption or use of a
controlled substance or another substance combined with a
controlled substance;
(ii) "Good faith" does not include seeking
medical assistance or immunity under this section as a
result of using a controlled substance during the course of
a law enforcement agency's execution of a search warrant,
arrest warrant or other lawful search or arrest.
(f) Nothing in this section shall be interpreted to:
(i) Prohibit the criminal prosecution of a
person for an offense other than the offenses specified in
subsection (c) of this section;
(ii) Limit the authority of a law enforcement
officer to obtain or use evidence obtained from a report,
recording or other statement provided by a person seeking
medical assistance for himself or another person under this
section to investigate and prosecute an offense other than
the offenses listed in subsection (c) of this section.
Section 2. W.S. 35-7-1002(a)(xxviii),
35-7-1031(c)(intro) and 35-7-1039 are amended to read: ORIGINAL SENATE ENGROSSED
FILE NO. SF0074
ENROLLED ACT NO. 63, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
4
35-7-1002. Definitions.
(a) As used in this act:
(xxviii) "This act" means W.S. 35-7-1001 through
35-7-1063 35-7-1064.
35-7-1031. Unlawful manufacture or delivery;
counterfeit substance; unlawful possession.
(c) t 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 any drug that
has received final approval from the United States food and
drug administration, including 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. No prescription or
practitioner's order for marihuana, tetrahydrocannabinol,
or synthetic equivalents of marihuana or
tetrahydrocannabinol shall be valid, unless the
prescription is for a drug that has received final approval
from the United States food and drug administration,
including dronabinol. Any person who violates this
subsection:
35-7-1039. Person using or under influence of
controlled substance. ORIGINAL SENATE ENGROSSED
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ENROLLED ACT NO. 63, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
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Except as provided in W.S. 35-7-1064, 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.
Section 3. This act is effective July 1, 2025.
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk