Conway Marijuana Possession Defense Attorneys

Arrested for possession of marijuana in Conway, AR? Our experienced Conway marijuana possession defense lawyers will defend you.

A conviction for possession of marijuana in Conway can affect employment opportunities, housing applications, professional licenses, and educational financial aid for years to come.

Arkansas prosecutors pursue these cases aggressively, especially in Faulkner County, and the wrong approach in the first few days can make the difference between a dismissal and a conviction that follows you for decades.

At Lemley DWI & Criminal Defense Lawyers, our legal team helps local residents navigate these situations. Our Conway marijuana possession defense attorneys understand the local court system, the prosecutors’ approaches, and most importantly, the defense strategies that actually work here.

Whether this is your first encounter with law enforcement or you’re worried about how a prior record affects your case, we’ll give you straight answers about what you’re facing and a clear defense plan to move forward.

Contact us now for a free consultation.

Arrested for Marijuana in Conway? Here’s What to Do Next

A marijuana arrest in Conway can feel like the ground shifting beneath you—especially if it’s your first run-in with the law.

What you do in the next 24 to 72 hours matters more than most people realize, and speaking with our Conway marijuana possession defense lawyers right away gives you the strongest possible footing.

Before anything else, exercise your right to remain silent. That means no explaining yourself to officers, no answering questions about where you were going, and no discussing the situation with anyone except your attorney.

A few other steps to take immediately:

• Write down everything: Note the time, location, what the officer said, and exactly how the search happened—while it’s still fresh.
• Preserve your paperwork: Keep your citation, bond paperwork, and any dispensary receipts if you hold a medical card.
• Don’t post about it: Anything you share on social media can be used against you.

What Are the Penalties for Marijuana Possession in Arkansas?

Marijuana is classified as a Schedule VI controlled substance in Arkansas. Recreational possession is still illegal here, regardless of what neighboring states allow.

Penalties depend on three main factors: the amount found, your prior criminal history, and where the arrest happened. Small amounts typically start as misdemeanor charges, while larger quantities or a prior conviction can push the charge into felony territory. Understanding where your case falls on that spectrum is the first thing we look at together.

Misdemeanor vs. Felony Thresholds and Prior Convictions

Arkansas draws the line between misdemeanor and felony possession based primarily on weight. For a first offense involving a small amount, you’re likely looking at a Class A misdemeanor, but that can change quickly if you have prior drug convictions on your record. Even a single prior offense can elevate both the charge and the sentencing range.

Penalty Enhancements Near Schools, Parks, or Campuses

A drug-free zone is a protected area, like a school, public park, or daycare, where drug offenses carry steeper penalties. In Conway, these zones cover areas near UCA, Hendrix College, local K-12 schools, and city parks. Being arrested within one of these boundaries can increase your penalties even when the underlying amount is relatively small.

Does an Arkansas Medical Marijuana Card Protect You?

Holding a valid Arkansas medical marijuana card protects you in some situations—but not all of them. Registered patients can legally purchase and possess marijuana from licensed dispensaries up to a specified limit. However, there are strict rules about where you can use it and how it must be stored.

Your card won’t protect you if you’re caught using marijuana in a public place, driving under its influence, or possessing marijuana purchased outside a licensed dispensary. If you’re a cardholder facing charges, contact our Conway marijuana possession defense attorneys for a confidential review of your situation.

What Happens After a Marijuana Arrest in Faulkner County?

Misdemeanor cases typically begin in District Court, while felony charges move to Circuit Court in the 20th Judicial District, which covers Faulkner County. The process can feel overwhelming if you don’t know what’s coming, so here’s a straightforward look at how it unfolds.

Your First Appearance, Bond, and Arraignment

Your first appearance is a brief hearing where a judge reviews your charges and sets bond conditions. The arraignment comes shortly after—that’s when you formally enter a plea. We can appear alongside you or on your behalf at both hearings to make sure nothing gets missed.

Discovery: What Evidence Does the State Have?

Discovery is the legal process where the prosecution must share the evidence they plan to use against you. We immediately request body cam footage, dash cam recordings, police reports, and lab results. Securing these materials early prevents critical evidence from being lost or overlooked.

Motions to Suppress When Your Rights Were Violated

A motion to suppress asks the court to throw out evidence that was gathered illegally. If the traffic stop lacked a valid reason, or the search went beyond what the law allows, that evidence may be excluded entirely. Without it, the prosecution’s case often weakens significantly.

Alternative Paths: Diversion, Drug Court, and Act 346

Arkansas law provides several options that can keep a conviction off your record altogether. Act 346 First Offender, drug court, and prosecutor-led diversion programs are all worth exploring depending on your history and the specific charge. Our Conway drug possession defense attorneys walk through which ones you may qualify for during your consultation.

Common Defenses in Arkansas Marijuana Cases

Not every marijuana charge holds up under scrutiny. A strong defense often starts with how the police gathered their evidence, and there are more challenges available than most people expect.

Illegal Stops, Searches, and Suppression of Evidence

Police must have a legitimate legal reason to pull you over and a separate justification to search your vehicle. Common issues we look for include pretextual stops, vague or coerced consent to search, and searches that went further than you agreed to. When evidence is suppressed because of an illegal search, charges are often reduced or dismissed.

Hemp vs. Marijuana and Lab Testing Challenges

Legal hemp and illegal marijuana are visually identical—the only difference is THC concentration. Roadside field tests can’t accurately measure THC levels, and lab testing methods can be challenged on both methodology and chain of custody. If the State can’t prove the substance was marijuana beyond a reasonable doubt, that’s a problem for their case.

Constructive Possession in Shared Vehicles or Homes

Constructive possession means the State must prove you knew the marijuana was there and that you had control over it. Being nearby isn’t enough. If marijuana is found in the back seat of a car you were riding in, or in a shared apartment, we can argue the possession wasn’t yours.

Weight and Threshold Disputes

When the amount of marijuana sits close to a legal threshold, the difference between a misdemeanor and a felony can come down to how it was weighed. Police sometimes include stems, seeds, or the weight of the container. We challenge these measurements to make sure you’re not facing inflated charges.

How to Protect Your Record After a Marijuana Charge

A conviction, even a misdemeanor, can show up on background checks and affect job applications, housing, and professional licenses. Arkansas law offers several paths that can prevent a permanent mark on your record.

Act 346 First Offender: How It Works

Act 346 allows eligible first-time offenders to plead guilty without having a conviction formally entered on their record. If you complete the probation terms successfully, the case is dismissed. Eligibility depends on your criminal history and the nature of the charge.

Drug Court and Diversion in Faulkner County

Drug court and diversion programs focus on treatment and accountability rather than punishment. Completing one of these programs can keep a conviction off your record entirely—but they require a real commitment to the process. We’ll tell you honestly whether these are realistic options for your situation.

Sealing a Marijuana Case in Arkansas

Sealing a record means it’s hidden from most public background checks, including many employer searches. Whether you’re eligible, and how soon, depends on how your case was resolved and how much time has passed.

Why Choose Lemley DWI & Criminal Defense Lawyers?

We defend Arkansans and approach every case the same way: no judgment, no shortcuts, and no leaving you in the dark. Our criminal defense lawyers serve clients across Faulkner, Pulaski, Lonoke, and White Counties from our offices in Cabot, Searcy, and Little Rock.

Every client gets direct attorney access, a private communication portal, and honest answers at every stage of their case. We offer flat-fee pricing and flexible payment plans because we believe a strong defense shouldn’t be out of reach.

You deserve the sigh of relief that comes with knowing someone experienced is in your corner. If you’re ready to talk, contact Lemley DWI & Criminal Defense Lawyers for a free, confidential consultation.

Frequently Asked Questions

Is Marijuana Possession a Misdemeanor or Felony in Arkansas?

It depends on the amount and your criminal history. Small amounts for personal use are typically charged as a Class A misdemeanor, but prior convictions or larger quantities can push the charge into felony territory.

Will I Go to Jail for a First-Time Marijuana Possession Charge?

Jail time for a first offense is possible but not guaranteed. Many first-time cases resolve through probation, diversion, or Act 346, which can keep you out of jail and protect your record.

Can a Marijuana Charge Be Dismissed if the Search Was Illegal?

Yes. If the traffic stop lacked legal justification or the search violated your constitutional rights, we can ask the court to suppress that evidence. Charges are frequently reduced or dismissed when key evidence is thrown out.

What Happens if the Substance Was Hemp or a Delta-8 Product?

Hemp and marijuana are chemically similar, and field tests can’t tell the difference. We can challenge the State’s testing methods and demand proper lab analysis to show the substance didn’t meet the legal definition of marijuana.

How Does Constructive Possession Work if the Marijuana Wasn’t Mine?

The State must prove you knew the marijuana was present and had the ability to control it. If it was found in a shared space or someone else’s belongings, that connection can often be challenged.

Who Qualifies for Act 346 First Offender or Drug Court in Arkansas?

Eligibility depends on your prior record, the specific charge, and the prosecutor’s policies in Faulkner County. We review your full background during your free consultation to identify which options are available to you.

Can a Marijuana Conviction Be Sealed From My Record in Arkansas?

Yes, many marijuana convictions and dismissed cases can be sealed after a waiting period. Sealing hides the record from most background checks, which can make a meaningful difference in your career and housing opportunities.

How Soon After a Marijuana Arrest Should I Contact a Lawyer?

As soon as possible, ideally before your first court appearance. Early legal involvement allows us to preserve evidence, advise you on bond conditions, and prevent you from making statements that could hurt your case.