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Arkansas Laws & Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

Less than 4 oz (first offense) misdemeanor 1 year $ 2,500
1 - 4 oz (subsequent offense) felony 6 years $ 10,000
4 oz - 10 lbs felony 6 years $ 10,000
10 - 25 lbs felony 3* - 10 years $ 10,000
25 - 100 lbs felony 5* - 20 years $ 15,000
100 - 500 lbs felony 6* - 30 years $ 15,000
* Mandatory minimum sentence

Delivery

14 g or less misdemeanor 1 year $ 2,500
14 g - 4 oz felony 6 years $ 10,000
4 oz - 25 lbs felony 3* - 10 years $ 10,000
25 - 100 lbs felony 5* - 20 years $ 15,000
100 - 500 lbs felony 6* - 30 years $ 15,000
* Mandatory minimum sentence
Includes possession with intent to deliver
Includes manufacture

Trafficking

500 lbs or more felony 10* - 40 years $ 15,000
* Mandatory minimum sentence

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of smoking paraphernalia misdemeanor 1 year $ 2,500
Possession of growing paraphernalia felony 6 years $ 10,000
Delivery of smoking paraphernalia to a minor at least 3 years younger misdemeanor 1 year $ 2,500
Delivery of growing paraphernalia to a minor at least 3 years younger felony 5* - 20 years $ 15,000
* Mandatory minimum sentence

Penalty Details

Simple Possession:

Possession of less than 4 oz. of marijuana is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Possession of between 1 oz and 4 oz by an offender who has had 2 or more previous drug convictions is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Possession of between 4 oz and 10 lbs is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Possession of between 10 lbs and 25 lbs is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.

Possession of between 25 lbs and 100 lbs is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

Possession by 100 lbs and 500 lbs is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000.

See:

  • Arkansas Code 5-64-419(b)(5)

First time possession offenders may be sentenced to parole for a period of not less than one year, in lieu of jail time.

See:

  • Arkansas Code 5-64-413

A second or subsequent conviction will result in a doubled penalty.

See:

  • Arkansas Code 5-64-408

Possession with Intent to Deliver

Possession of up to 14 g (1/2 Oz) of marijuana with the intent to deliver it to an another individual is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Possession of between 14 g (1/2 Oz) and 4 oz of marijuana with the intent to deliver it to an another individual is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Possession of between 4 oz and 25 lbs of marijuana with the intent to deliver it to an another individual is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.

Possession of between 25 lbs and 100 lbs of marijuana with the intent to deliver it to an another individual is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

Possession of between 100 lbs and 500 lbs of marijuana with the intent to deliver it to an another individual is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000.

Possession with Intent to Distribute can be shown if the:

  1. Person possesses means to weigh and separate marijuana
  2. Person possesses a written record of drug transactions
  3. Marijuana is bagged separately to facilitate delivery
  4. Person possesses a firearm on their person
  5. Person possesses at least 2 other controlled substances in addition to the marijuana
  6. Any other proof that the individual was intending to deliver the marijuana can be shown

See:

  • Arkansas Code 5-64-436

A second or subsequent conviction will result in a doubled penalty.

See:

  • Arkansas Code 5-64-408

Delivery

Delivering 14g or less of marijuana to another individual, with or without remuneration, is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Delivering between 14g and 4 oz of marijuana to another individual, with or without remuneration, is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Delivering between 4 oz and 25 lbs of marijuana to another individual, with or without remuneration, is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.

Delivering between 25 lbs and 100 lbs of marijuana to another individual, with or without remuneration, is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

Delivering between 100 lbs and 500 lbs of marijuana to another individual, with or without remuneration, is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000.

See:

  • Arkansas Code 5-64-438

Delivering marijuana to a minor at least 3 years younger than the deliverer will result in a doubled penalty

See:

  • Arkansas Code 5-64-406 (b)

A second or subsequent conviction will result in a doubled penalty.

See:

  • Arkansas Code 5-64-408

Cultivation

Cultivation in Arkansas is punished as either simple possession or as possession with intent to deliver, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. See the "Simple Possession" and "Possession with Intent to Deliver" sections for further penalty details.

Manufacture

Manufacturing 14 g or less of marijuana is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Manufacturing between 14 g and 4 oz of marijuana is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Manufacturing between 4 oz and 25 lbs of marijuana is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.

Manufacturing between 25 lbs and 100 lbs of marijuana is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

Manufacturing between 100 lbs and 500 lbs of marijuana is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000.

See:

  • Arkansas Code 5-64-439

A second or subsequent conviction will result in a doubled penalty.

See:

  • Arkansas Code 5-64-408

Trafficking

Possessing 500lbs or more of marijuana is classified as trafficking and is a Class Y Felony, punishable by a mandatory minimum sentence of 10 years and a maximum of 40 years imprisonment.

See:

  • Arkansas Code 5-64-440

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

See:

  • Arkansas Code § 5-64-101(17)
  • Arkansas Code § 5-64-215

Paraphernalia

Possession of smoking paraphernalia is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Possession of growing paraphernalia is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

See:

  • Arkansas Code 5-64-443

Delivering of smoking paraphernalia to a minor at least 3 years younger than the deliver is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Delivering of growing paraphernalia to a minor at least 3 years younger than the deliver is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

See:

  • Arkansas Code 5-64-444

A second or subsequent conviction will result in a doubled penalty.

See:

  • Arkansas Code 5-64-408

Miscellaneous

Whenever a person pleads guilty, nolo contendere, or is found guilty of any criminal offense involving the illegal possession or use of controlled substances, or of any drug offense, in this state or any other state, the court having jurisdiction of such matter... shall prepare... an order to suspend the driving privileges of the person for six (6) months.

See:

  • Arkansas Code 27-16-915
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.






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