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.
The 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
|< 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)
|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.
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.
|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” isn’t a viable legal defense in Arkansas. 479-464-0904.
- Arkansas Misdemeanor & Felony Penalties
- Arkansas Marijuana Laws and Penalties – CriminalDefenseLawyer.com
- Arkansas Marijuana Penalties Overview – NORML.org