Hot Springs Drug Possession Attorney

Drug possession charges can be prosecuted as misdemeanors or as felonies, and they are prosecuted harshly. If you are facing drug possession charges, you need a qualified Hot Springs drug possession lawyer to determine how to mitigate the penalties you face and prevent you from facing more serious drug crime charges.

At Lemley DWI & Criminal Defense Lawyer, we have 50 years of collective experience defending those in our community from criminal charges. We are dedicated to those who have been accused of drug possession and other drug crimes, and we advocate for the ideal outcome of your case.

Understanding Drug Possession Charges

Controlled substances are categorized under state and federal law into different schedules. These are based on their accepted medical uses and the likelihood that they will cause physical dependence and abuse.

Drug possession penalties depend on the schedule of the controlled substance involved in the crime and the amount of that substance involved. Larger amounts of more dangerous substances have higher penalties. If an individual in Hot Springs is found with significant amounts of controlled substances, they may face drug trafficking charges rather than drug possession charges.

Schedule I and II Substances and Penalties

Schedule I controlled substances are considered to have the highest potential for abuse and dependency, and they also have no recognized medical use. These drugs include heroin, ecstasy or MDMA, and lysergic acid diethylamide (LSD).

Schedule II drugs have accepted medical uses but still have a high chance of abuse and dependency. These include amphetamines, fentanyl, and cocaine.

Cocaine and methamphetamine are two Schedule I and II drugs that have different penalties than other Schedule I and II drugs. These possession penalties are as follows:

• Less than 2 grams is a Class D felony, resulting in up to 6 years in prison.
• 2 grams to less than 10 grams is a Class C felony, resulting in 3 to 10 years of imprisonment.
• 10 grams to less than 200 grams is a Class B felony, resulting in 5 to 20 years of imprisonment.

If the possession charges cover Schedule I or II drugs other than cocaine and methamphetamine, the penalties for possession are as follows:

• Under 2 grams is a Class D felony.
• 2 grams to less than 28 grams is a Class C felony.
• 28 grams up to less than 200 grams is a Class B felony.

Schedule III Substances and Penalties

Schedule III controlled substances are substances with a known and accepted medical use and a lower threat of physical abuse or dependence. Psychological dependence is typically still high. These include drugs such as anabolic steroids, codeine, ketamine, and pentobarbital. These are the penalties for Schedule III drug possession:

• Less than 2 grams is a Class A misdemeanor, which carries up to 1 year in jail.
• Less than 2 grams, when the defendant has 4 or more prior convictions, may be charged as a Class D felony.
• 2 grams to less than 28 grams is a Class D felony.
• 28 grams to less than 200 grams is a Class C felony.
• 200 to less than 400 grams is a Class B felony.

Schedule IV and V Substances and Penalties

Schedule IV drugs have a low risk of abuse, along with a low physical and psychological dependence risk. They also have an accepted medical use. These include substances such as Xanax, Valium, and tramadol.

Schedule V drugs have accepted medical uses and lower potential for abuse and dependence. These include controlled substances like pseudoephedrine, Motofen, and Lomotil.

Penalties for possession of Schedule IV and V controlled substances include the following:

• 28 grams or less is a Class A misdemeanor.
• 28 grams to less than 200 grams is a Class D felony.
• 200 grams to less than 400 grams is a Class C felony.
• 400 grams to less than 800 grams is a Class B felony.

Schedule VI Substances and Penalties

Schedule VI controlled substances do not fit into other categories, as these are substances with no accepted medical use and have a high chance of abuse. Marijuana is the main Schedule VI drug. Penalties for possession are as follows:

• Less than 4 ounces is a Class A misdemeanor.
• 1 to 4 ounces, when the defendant has 4 priors of the same nature, is a Class D felony.
• 4 ounces to less than 10 pounds is a Class D felony.
• 10 pounds to less than 25 pounds is a Class C felony.
• 25 pounds to less than 100 pounds is a Class B felony.
• 100 pounds to less than 500 pounds is a Class A felony, resulting in 6 to 30 years of imprisonment.

FAQs About Hot Springs, AR Drug Possession Laws

What Are the Penalties for Drug Charges in Arkansas?

Most drug possession and drug trafficking offenses in Arkansas are charged as felonies, although possession of small amounts of marijuana may be prosecuted as a misdemeanor. The exact penalties associated with a drug possession charge depend on several factors, including:

• The type of drug involved
• Its classification or schedule under state and federal law
• The amount of the controlled substance allegedly possessed

Because drug penalties vary significantly depending on these factors, it is important to consult an experienced criminal defense attorney who can evaluate the circumstances of your case.

How Can You Defend Against a Drug Possession Charge in Arkansas?

Several legal defenses may apply in drug possession cases, depending on the facts of the situation. Common defenses include:

• Lack of knowledge or ownership: The drugs were found in a location or item that did not belong to you, or that others had access to, and you were unaware of their presence.
• Unlawful search and seizure: Law enforcement obtained evidence through an illegal search without probable cause, a warrant, or your consent.
• Entrapment: Law enforcement improperly induced or pressured you into committing a crime you otherwise would not have committed.

The most effective defense strategy will depend on the unique details of your case. An experienced attorney can review the evidence and help determine the strongest approach to protect your rights.

What Are the Charges for Drug Possession in Arkansas?

Drug possession charges in Arkansas can range from a Class A misdemeanor to a Class A felony, depending on the type of drug and the amount involved.

For example:

• Possession of less than 2 grams of a Schedule III controlled substance or less than 4 ounces of a Schedule VI substance may be charged as a Class A misdemeanor.
• However, if a person has four or more prior convictions for the same possession offense, the charge may be elevated to a Class D felony.

Is Drug Possession a Felony in Arkansas?

In many cases, drug possession is charged as a felony in Arkansas. For instance:

• Possession of 4 to 10 ounces of a Schedule VI controlled substance, such as marijuana, may be charged as a Class D felony.
• Larger quantities of marijuana can lead to more serious felony charges, potentially as severe as a Class A felony.
• Possession of less than 2 grams of a Schedule I or II substance, including drugs such as methamphetamine, cocaine, or LSD, may also be prosecuted as a Class D felony.
  
  

Because felony drug charges carry serious penalties, including significant fines and potential prison sentences, it is critical to seek legal representation as soon as possible.

Contact Our Possession Defense Attorneys

A conviction for drug possession can lead to jail time, prison sentences, substantial fines, and a permanent criminal record that may impact your future opportunities.

If you are facing drug charges, the attorneys at Lemley DWI & Criminal Defense Lawyers are ready to help. Contact us today to discuss your case and learn how we can build a strong defense on your behalf.