Can you go to jail for having drug paraphernalia on you?

On Behalf of | May 1, 2023 | Criminal justice |

Arkansas law defines drug paraphernalia as any equipment, product or material that is primarily used for the manufacturing, growing, processing, preparing, storing, packaging or consuming of illegal drugs.

Possession of drug paraphernalia is illegal in Arkansas, and it is a serious criminal offense. Anyone caught in possession of drug paraphernalia may face severe penalties, including jail time, fines and a criminal record.

Possession of drug paraphernalia

Under Arkansas law, possession of drug paraphernalia is a Class D felony. This means that anyone caught in possession of drug paraphernalia could face up to six years in jail and a maximum fine of $10,000. If the offender is a repeat offender, the penalty may be even more severe. It is essential to note that the possession of drug paraphernalia is illegal regardless of whether the individual was in possession of drugs at the time of arrest.

Sale of drug paraphernalia

The sale or distribution of drug paraphernalia is also illegal in Arkansas. Anyone caught selling or distributing drug paraphernalia may face a Class C felony, which carries a penalty of up to ten years in jail and a maximum fine of $10,000. It is worth noting that the law also prohibits advertising drug paraphernalia for sale or manufacturing it with the intent to distribute it.

Exceptions

There are certain exceptions to the law on drug paraphernalia in Arkansas. For instance, the possession of drug paraphernalia for lawful purposes such as the manufacture, distribution or use of legal drugs is not illegal. Also, individuals who the state has authorized to grow or process hemp can possess equipment used for the production of hemp, such as extraction equipment.

In conclusion, possession of drug paraphernalia is illegal in Arkansas, and it is advisable to steer clear of drug paraphernalia to avoid getting on the wrong side of the law.