Arkansas Drug Possession Laws

Arkansas drug possession laws start by classifying drugs into one of six categories, called schedules. The schedules are based on the substance’s potential for abuse. Schedule 1 drugs (such as opiates and hallucinogens) have the highest likelihood for abuse and Schedule 6 drugs (such as marijuana) have the lowest likelihood for abuse. Check out the complete list of Arkansas controlled substances and their schedule classification.

The classification and punishment for possession or possession with purpose to deliver are then broken down based on the amount of drugs a person had in their possession:

Possession of Schedule 1 or 2 Controlled Substances (Meth or Cocaine)

  • Less than 2 grams = D Felony; with purpose to deliver = C Felony;
  • Between 2 and 10 grams = C Felony; with purpose to deliver = B Felony;
  • Between 10 and 200 grams = B Felony; with purpose to deliver =  A Felony.

Possession of Schedule 1 or 2 Controlled Substances (Not Meth or Cocaine)

  • Less than 2 grams = D Felony; with purpose to deliver = C Felony;
  • Between 2 and 28 grams = C Felony; with purpose to deliver = B Felony;
  • Between 28 and 200 grams = B Felony; with purpose to deliver = A Felony.

Possession of Schedule 3 Controlled Substances

  • Less than 2 grams = A Misdemeanor; with purpose to deliver = C Felony;
  • Between 2 and 28 grams = D Felony; with purpose to deliver = C Felony;
  • Between 28 and 200 grams = C Felony; with purpose to deliver = B Felony;
  • Between 200 and 400 grams = B Felony; with purpose to deliver = A Felony.

Possession of Schedule 4 or 5 Controlled Substances

  • Less than 28 grams = A Misdemeanor; with purpose to deliver = D Felony;
  • Between 28 and 200 grams = D Felony; with purpose to deliver = D Felony;
  • Between 200 and 400 grams = C Felony; with purpose to deliver = C Felony;
  • Between 400 and 800 grams = B Felony; with purpose to deliver = B Felony.

Possession of Schedule 6 Controlled Substances

  • Less than 4 ounces = A Misdemeanor;
  • Between 1 and 4 ounces (with 2 previous convictions) = D Felony;
  • Between 4 ounces and 10 pounds = D Felony;
  • Between 10 and 25 pounds = C Felony;
  • Between 25 and 100 pounds = B Felony;
  • Between 100 and 500 pounds = A Felony.

Possession of Schedule 6 Controlled Substances with Purpose to Deliver

  • 14 grams or less = A Misdemeanor;
  • Between 14 grams and 4 ounces = D Felony;
  • Between 4 ounces and 25 pounds = C Felony;
  • Between 25 pounds and 100 pounds = B Felony;
  • Between 100 pounds and 500 pounds = A Felony.

The drug laws in Arkansas are very complex. Many Schedule 1 and 2 drug (such as LSD and certain depressants or stimulants) classifications are based on the number of “units,” not their weight, or a combination of both. There are also different classifications and punishments for “Delivery” or “Manufacturing” of controlled substances. There are enhancements for possessions in certain places, such as detention centers, schools, and parks. There are also enhancements for habitual offenders and for possessing a firearm at the same time as possessing controlled substances. EVERY CASE IS DIFFERENT. If you have been charged with a drug possession related offense in Arkansas State courts, you need to speak with an Arkansas Attorney as soon possible.

Felony and Misdemeanor Penalties

  • Class Y Felony = 10 to 40 years (or life) and the the fine is decided by the Court;
  • Class A Felony = 6 to 30 years of incarceration and a fine of up to $15,000;
  • Class B Felony = 5 to 20 years of incarceration and a fine of up to $15,000;
  • Class C Felony = 3 to 10 years of incarceration and a fine of up to $10,000;
  • Class D Felony = Up to 6 years of incarceration and a fine of up to $10,000;
  • Class A Misdemeanor = Up to 1 year of incarceration and a fine of up to $2,500.

DISCLAIMERThe content of this blog is intended for informational purposes only. It is not intended to provide legal advice. Laws differ by jurisdiction, and the information on this blog may not apply to every reader. You should not take, or refrain from taking, any legal action based upon the information contained on this blog without first seeking professional counsel.