Smith v. State

GOLDEN, Justice.

In 1995, the Wyoming State Legislature enacted legislation changing controlled substance possession from a misdemeanor to a felony for specified weights of controlled substances and other substances. Police found Appellant James Wycoff Smith in possession of .40 grams of amphetamine, a misdemeanor amount under Wyo. Stat. § 35-7-1031(c)(i)(C). He also possessed 24.49 grams of water that tested positive for the presence of amphetamine. The weight of the water was used to determine the weight of the controlled substance in Smith’s possession as authorized under Wyo. Stat. §…