All states regulate and control the possession of controlled substances. Arkansas classifies not only well-known drugs like marijuana, heroin, and cocaine as controlled substances, but also the compounds used to manufacture them.
This article discusses possession of controlled substances for personal use only. Possession of drugs for sale or distribution carries different penalties. For more information on possession with intent to sell or distribute, see Sale of Controlled Substances in Arkansas.
Arkansas classifies controlled substances into six "schedules," according to their potential for abuse and accepted medical use. Some controlled substances, like codeine (a common painkiller), can be possessed legally so long as the holder has a valid prescription.
For more on marijuana possession, see Possession of Marijuana in Arkansas.
(Ark. Code §§ 5-64-203 to -216 (2019).)
In Arkansas, illegal possession of controlled substances carries a range of penalties that can include jail or prison time.
Arkansas divides felonies by severity into six offense classes (unclassified, Y, A, B, C, and D), with the most serious felonies placed in class Y and the least serious felonies in class D. Felony drug possession crimes fall into classes A, B, C, and D with penalties from a year to up to 30 years in prison.
Misdemeanors have three classifications (A, B, and C). Illegal possession of certain controlled substances is a class A misdemeanor, which is the most serious misdemeanor offense level and carries a maximum sentence of one year's imprisonment.
(Ark. Code § 5-4-401 (2019).)
Penalties for possession of schedule I or II drugs range from a class D to class B felony.
The punishment for possession of Schedules I or II controlled substances (cocaine or methamphetamine only) depends on the amount of the drug in the defendant's possession.
The punishment for possession of Schedules I or II controlled substance (not cocaine or methamphetamine) depends on the amount of the drug in the defendant's possession.
(Ark. Code § 5-64-419 (2019).)
The punishment for possession of Schedule III controlled substances depends on the amount of the drug in the defendant's possession.
(Ark. Code § 5-64-419 (2019).)
The punishment for possession of Schedules IV or V controlled substances depends on the amount of the drug in the defendant's possession.
(Ark. Code § 5-64-419 (2019).)
The punishment for possession of Schedules VI controlled substances depends on the amount of the drug in the defendant's possession and whether the defendant has any prior convictions for possession of Schedule VI controlled substances.
(Ark. Code § 5-64-419 (2019).)
Possession of the following amounts of a controlled substance constitutes trafficking and is punishable as a Class Y felony:
(Ark. Code 5-64-440 (2019).)
Arkansas law provides harsher penalties for possession crimes committed by repeat offenders and inmates or near areas with vulnerable populations.
The law allows extended terms of imprisonment for defendants with prior felony convictions. In addition, a sentence can be doubled for certain repeat drug convictions. (Ark. Code §§ 5-4-501, 5-64-408 (2019).)
A defendant convicted of possession of drugs in a state, county, city, or juvenile detention facility will be punished under the next higher criminal classification.
(Ark. Code § 5-64-419 (2019).)
A defendant convicted of a class C felony possession or higher within 1,000 feet of these facilities may be punished by an additional ten years' incarceration:
(Ark. Code § 5-64-411 (2019).)
Arkansas also makes it illegal to possess and use drug paraphernalia—items used to ingest, inhale, or inject controlled substances. When drug paraphernalia is used to introduce methamphetamine, heroin, fentanyl, or cocaine into the body, the offense is a class D felony. In all other cases, it's a class A misdemeanor. (Ark. Code § 54-64-443.)
While nitrous oxide is not listed as a scheduled controlled substance, Arkansas punishes people who possess nitrous oxide for the purpose of intoxication. The unlawful possession of nitrous oxide is a class A misdemeanor. (Ark. Code § 54-64-1201 (2019).)
Convictions for drug possession can result in heavy fines and incarceration, with even steeper penalties for people with a criminal history. An attorney who specializes in the defense of drug crimes will review the facts of your case and advise you of your different options and their possible outcomes.
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