Arkansas law outlines different types of drug possession offenses. Each type has specific definitions and penalties. These laws are covered under the Arkansas Controlled Substances Act.
Below are the most common types of drug possession offenses.
Simple possession
Simple possession means knowingly having a controlled substance without a valid prescription. The penalty depends on the type and amount of drug:
-
Schedule I or II narcotics: Possessing less than 2 grams can be charged as a Class D felony, with penalties menaing up to 6 years in prison and a fine up to $10,000.
-
Schedule III substances: Often charged as a Class A misdemeanor, potentially resulting in up to 1 year in jail and a fine up to $2,500.
-
Schedule IV or V substances: These may also result in misdemeanor charges, though repeat offenses or larger amounts can lead to felony charges.
Drug schedules are based on the potential for abuse and accepted medical use.
Possession with intent to deliver
This charge applies when someone has drugs and plans to sell or share them. The penalties are more serious than for simple possession. For example, possessing 2 grams or more of methamphetamine or cocaine with intent to deliver is a Class C felony, punishable by up to 10 years in prison and with fines up to $10,000.
Marijuana possession
Arkansas has not legalized marijuana for recreational use. Only medical marijuana is permitted with proper certification. Possessing under 4 ounces is typically a misdemeanor, but repeat offenses or larger amounts can lead to felony charges, with up to 6 years in prison and fines of $10,000.
Prescription drug offenses
Possessing prescription drugs without a valid prescription is illegal. This includes drugs like oxycodone or Adderall. Penalties depend on the drug’s classification and amount. They can range from Class A misdemeanors to felonies, especially for Schedule II medications.
Recognizing these categories helps clarify how Arkansas treats drug possession under the law. If you are facing drug charges, it’s vital to seek some legal guidance.