Arkansas Drug Laws and Penalties 2024 Explained

Arkansas’ drug laws allow for a wide range of penalties for anyone who is convicted. The potential penalties for possession of one ounce of a controlled substance can vary widely, depending on the type of drug that is confiscated. Anyone facing drug charges should understand Arkansas drug laws and penalties. With experienced legal representation from a criminal defense attorney, the penalties faced by a defendant could be reduced considerably.

Drug Classification by Schedule

Like other states, Arkansas classifies drugs based on federal drug scheduling practices. While the federal government classifies drugs into five schedules, Arkansas has six levels of drugs. The likelihood of abuse is a key factor in determining a drug’s schedule. Schedule I drugs have a high potential for abuse and can lead to severe psychological or physical dependence.

Arkansas’ six levels of drug classification include the following controlled substances:

• Schedule I drugs: Highest likelihood for abuse (e.g., heroin, ecstasy, LSD)
• Schedule II drugs: High risk of physical dependence or abuse (e.g., fentanyl, Adderall, cocaine)
• Schedule III drugs: Carries the risk of significant psychological or physical dependence (e.g., codeine, anabolic steroids, ketamine)
• Schedule IV drugs: Has a moderate threat of dependency and abuse (e.g., Xanax, Valium, Tramadol)
• Schedule V drugs: Accepted medical uses but also carry a potential of dependence and abuse (e.g., Motofen, Lomotil, Lyrica)
• Schedule VI drugs: Little to no standardized medical use and does carry the potential for abuse (e.g., marijuana, salvia divinorum)

How Sentencing Factors Are Assessed

Sentencing factors are assessed based on a variety of criteria that is used to determine the appropriate punishment for a convicted individual. The court may consider the nature of the crime, the severity of the offense, the defendant’s past criminal history, and the circumstances of the case (both aggravating and mitigating) when assessing a punishment. Judges have the discretion to weigh these factors differently as long as the punishment is within guidelines.

Arkansas Sentencing Standards provide guidelines for judges in making these decisions, providing a framework that promotes consistency in sentencing. Factors such as whether the crime involved violence, the amount of drugs, or the presence of a weapon can significantly influence the severity of the sentence.

The courts often consider mitigating factors as well, such as a defendant’s age, mental health, or lack of prior convictions, which may lead to more lenient sentences. Judges may consider whether the sentence serves the interest of the public and justice.

In some cases, offering rehabilitation for a drug crime serves the interests of both the public and the defendant. While the Arkansas Sentencing Standards provide guidance, the discretion remains with the judge.

Potential Criminal Defenses Against Drug Charges

After reviewing a client’s case, a criminal defense attorney may consider pursuing a well-established legal defense strategy or a more novel approach to seeking lower penalties for their client. One common defense is the lack of possession. The burden is on the prosecution to prove that the defendant knowingly possessed illegal drugs. Otherwise, the case may be dismissed.

A criminal defense attorney may challenge the legality of the search and seizure. If law enforcement violated the defendant’s Fourth Amendment rights by conducting an unlawful search, any evidence obtained may be deemed inadmissible in court. This could ultimately lead to a dismissal of the case if the prosecution no longer has sufficient evidence to use.

Other legal defense strategies could include entrapment or arguing that the drugs belonged to someone else. If the defendant can demonstrate that they were manipulated into illegal activity, it may serve as a strong defense.

Demonstrating that law enforcement arrested the wrong person could lead the courts to drop criminal charges altogether. Even when prosecutors refuse to drop charges, they may offer reduced charges in return for an admittance of guilt.

Arkansas Drug Laws and Penalties FAQs

Q: What Is the Penalty for Drug Crimes in Arkansas?

A: The penalty for drug crimes in Arkansas depends on the circumstances of a defendant’s case and what they are charged with. Drug crimes can be charged from minor misdemeanors to the most serious felonies. The penalty for someone who is found guilty of a drug crime could similarly range from a relatively light sentence involving probation to decades or life in prison.

Q: Is Dab Pen Possession a Felony in Arkansas?

A: The criminal charge for possession of a dab pen or vape pen depends on the amount of THC-containing compound inside the device. Many people use vape pens for smoking tobacco, hemp, marijuana, and other smokable substances. Possession of small amounts of marijuana would more likely lead to a misdemeanor charge than a felony.

Q: Is Possession of Drug Paraphernalia a Felony in Arkansas?

A: Possession of drug paraphernalia is generally classified as a misdemeanor. However, specific circumstances surrounding the arrest may result in harsher penalties, potentially escalating the charge to a felony. Individuals with prior criminal records are at greater risk of facing severe consequences if convicted of another drug-related offense. Additionally, if aggravating factors are present, prosecutors might pursue felony charges.

Q: What Is the Controlled Substance Law in Arkansas?

A: Arkansas has laws governing controlled substances under the Arkansas Uniform Controlled Substances Act. This law regulates the manufacture, distribution, and possession of controlled substances, categorizing them into schedules based on their potential for abuse and accepted medical uses. Violations of the Arkansas Uniform Controlled Substances Act can result in criminal charges, with penalties varying according to the substance and nature of the offense.

Schedule Your Drug Crime Consultation Today

Any drug crime charge could potentially lead to confinement in jail or prison. Having legal representation can be critical when it comes to fighting those charges and getting your side of the story across. If you are seeking trustworthy and knowledgeable legal representation in criminal court, you can rely on the legal services of Lemley Law Partners.

Our law firm has represented many drug crime defendants and helped them receive favorable outcomes in their cases. Depending on the circumstances of your case, you may benefit from one of several effective legal defense strategies. To schedule your drug crime consultation, contact our office today.