Statezny v. State
In Statezny v. State, 18 P.3d 641, 644-45 (Wyo. 2001), Statezny was convicted of engaging in an unlawful clandestine laboratory operation in violation of Wyo. Stat. Ann. 35-7-1059(a).
The items which formed the basis for Statezny's conviction included a Coleman gas stove and fuel, PH test strips, two used syringes, pay stubs, two chemistry books, Ace Glass ordering catalogue, physics book, scales, smoking pipes, empty pill capsules, neoprene gloves, tubing with pseudoephedrine (methamphetamine precursor), isopropyl alcohol, glass beaker, coffee decanter, gallon can of acetone, Efidac 24, and hydrochloric acid. Statezny, 18 P.3d at 644.
Officers also seized a bag containing methamphetamine from Statezny's personal effects and a trial witness apparently testified that when she asked Statezny what he was going to do with "all the items he was bringing into the apartment, 'cook up a batch of crank?'" he replied that "he could not because his glassware was broken." Id. 18 P.3d at 644.
Statezny argued that Wyo. Stat. Ann. 35-7-1059 was similarly unconstitutionally vague. The "thrust of Statezny's argument" was that he merely possessed "common household chemicals, as well as other items that are as common in wholly innocent settings as they are in clandestine laboratory operations." Statezny, 18 P.3d at 645.
Finding that Statezny possessed more than "just innocent household chemicals," and that the statute required not only the possession of such items, but also the possession with intent to engage in a clandestine laboratory operation, we declined to conduct further analysis with "no suggestion that the statutes are unconstitutional on the face of things, or as applied to Statezny." Id. 18 P.3d at 645.