Arkansas Marijuana Laws

 

National public opinion regarding marijuana use has recently shifted, capped off with a Super Bowl featuring teams from the two states that have decriminalized the drug. In light of the recent increase in marijuana discussion, it is important to stay informed regarding Arkansas and Federal marijuana laws and penalties.

Arkansas Marijuana LawsThe below tables should be used only as guidelines regarding marijuana law in Arkansas. Laws often change in their details or enforcement, and while we try to keep information posts updated and accurate, any questions you have regarding a legal matter involving possession or the sale of marijuana – or any other illegal drug – should be brought to an experienced attorney.

POSSESSION OF MARIJUANA

Offense Penalty Classification Incarceration Fine
< 4 oz Class A Misdemeanor Up to 1-yr Up to $2,500
1 – 4 oz (2 or more previous drug convictions) Class D Felony Up to 6-yrs Up to $10,000
4 oz – 10 lbs Class D Felony Up to 6-yrs Up to $10,000
10 – 25 lbs Class C Felony Mandatory 3-yrs, Up to 10-yrs Up to $10,000
> 25 lbs Treated same as conviction for sale

First time offenders may receive parole rather than jail time at sentencing. Repeat offenders will receive doubled penalties.

DELIVERY OF MARIJUANA (INCLUDES POSSESSION WITH INTENT TO DELIVER & MANUFACTURING)

Offense Penalty Classification Incarceration Fine
14 g or less Class A Misdemeanor Up to 1-yr Up to $2,500
14 g – 4 oz Class D Felony Up to 6-yrs Up to $10,000
4 oz – 25 lbs Class C Felony Mandatory 3-yrs, Up to 10-yrs Up to $10,000
25 – 100 lbs Class B Felony Mandatory 5-yrs, Up to 20-yrs Up to $15,000
100 – 500 lbs Class A Felony Mandatory 6-yrs, Up to 30-yrs Up to $15,000

How can possession with intent to distribute be shown?

  • Possessing the means to weigh and separate
  • Written records of drug transactions
  • Separate bags of marijuana
  • Possession of a firearm
  • At least two other controlled substances
  • Other proof

Repeat offenders will receive doubled penalties. In addition, the delivery of marijuana to a minor at least three years younger than the deliverer will also result in doubled penalties.

Growing marijuana may be treated as possession or possession with intent to deliver, depending on the quantity and circumstances.

ADDITIONAL INFORMATION

Possession of more than 500 lbs of marijuana is considered trafficking, a Class Y Felony punishable by a mandatory 10-yrs incarceration, up to 40-yrs.

Hash and other marijuana concentrates are currently treated the same as marijuana.

Possession of smoking or growing paraphernalia, or delivery of such paraphernalia to minors at least three years younger than the deliverer, all carry penalties of their own.

Offense Penalty Classification Incarceration Fine
Possession of smoking paraphernalia Class A Misdemeanor Up to 1-yr Up to $2,500
Possession of growing paraphernalia Class D Felony Up to 6-yrs Up to $10,000
Delivering smoking paraphernalia to a minor at least 3-yrs younger than deliverer Class A Misdemeanor Up to 1-yr Up to $2,500
Delivering of growing paraphernalia to a minor at least 3-yrs younger than deliverer Class B Misdemeanor Mandatory 5-yrs, Up to 20-yrs Up to $15,000

Pleading guilty to or being convicted of a criminal offense involving illegal possession or use of controlled substances will face license suspension for six months in addition to other penalties.

If you are being charged with possession of a controlled substance, or any other drug crime, call the Roberds Law Firm on the Bentonville Square for a free consultation at 479-464-0904. Because “They’re doing it in Denver and Seattle” isn’t a viable legal defense in Arkansas. 479-464-0904.

 

Additional Resources:

Arkansas Marijuana Laws and Penalties – CriminalDefenseLawyer.com

Arkansas Marijuana Penalties Overview – NORML.org

Blog support provided by Elson Freelance.

 

 

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