Hot Springs Drug Possession Lawyer

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 Law Partners, 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 Is the Penalty for Drugs in Arkansas?

Most drug possession and drug trafficking charges are felonies, although small amounts of marijuana may be charged as a misdemeanor. The specific penalties associated with a possession charge depend on:

• The type of drug involved
• Its schedule under state and federal statute
• The amount of the substance involved

How Do You Win a Drug Possession Case in Arkansas?

Some defenses against drug possession charges include:

• The drugs were found in a location or item that was not yours or that others had access to, and you were unaware of them.
• A law enforcement officer performed an unlawful search and seizure without your consent or without probable cause.
• You were baited into committing the crime through entrapment.

The defense that will be most effective will rely on your unique circumstances. An attorney can help you find a strong defense for your case.

What Are the Charges for Drug Possession in Arkansas?

Drug possession charges range from a Class A misdemeanor to a Class A felony, depending on the Schedule assigned to the drug and how much you possessed. Possessing less than 2 grams of a Schedule III substance or less than 4 ounces of a Schedule VI substance is a Class A misdemeanor unless you have 4 or more prior convictions under the same possession charge. Then, it becomes a Class D felony.

Is Possession of Drugs a Felony in Arkansas?

Most drug possession charges are felonies. Possession of 4 to 10 ounces of a Schedule VI controlled substance like marijuana is a Class D felony. Larger amounts of marijuana possession are charged as more serious felonies, even a Class A felony. Possession of less than 2 grams of a Schedule I or II substance, like methamphetamine, cocaine, or LSD, is also a Class D felony.

Contact Our Possession Defense Attorneys

A drug possession conviction can result in jail time, prison time, significant fines, and a criminal record that harms your entire future. Contact Lemley Law Partners today to see how we can build your defense.