- Conditional Release
- Local Decriminalization
- Drugged Driving
- Mandatory Minimum Sentence
- Medical Marijuana
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
|||
| Less than 4 oz (first offense) | Misdemeanor | 1 year or less | $ 2,500 |
| 1 - less than 4 oz (subsequent offense) | Felony | 6 years or less | $ 10,000 |
| 4 oz - less than 10 lbs | Felony | 6 years or less | $ 10,000 |
| 10 - less than 25 lbs | Felony | 3* - 10 years | $ 10,000 |
| 25 - less than 100 lbs | Felony | 5* - 20 years | $ 15,000 |
| 100 - less than 500 lbs | Felony | 6* - 30 years | $ 15,000 |
| * Mandatory minimum sentence | |||
Delivery |
|||
| 14 g or less | Misdemeanor | 1 year or less | $ 2,500 |
| 14 g - 4 oz | Felony | 6 years or less | $ 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 | |||
| Delivery to a person under 18 at least 3 years younger is subject to an enhanced sentence of the fine, a term of imprisonment up to 2x authorized. | |||
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 with purpose to use | Misdemeanor | 1 year or less | $ 2,500 |
| Possession with purpose to grow | Felony | 6 years or less | $ 10,000 |
| Delivery of smoking paraphernalia to a minor at least 3 years younger | Misdemeanor | 1 year or less | $ 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 ounces 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 ounce and less than 4 ounces by an offender who has had 4 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 ounces and less than 10 pounds 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 pounds and less than 25 pounds 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 pounds and less than 100 pounds 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 pounds and less than 500 pounds 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 Deliver
Possession of up to 14 g 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 and less than 4 ounces 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 ounces and less than 25 pounds 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 pounds and less than 100 pounds 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 pounds and less than 500 pounds 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.
A second or subsequent conviction will result in a doubled penalty.
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 14g or less of marijuana to another individual, with or without remuneration if the person has 4 prior convictions is a Felony, punishable by up to 6 years in jail and a fine of up to $10,000.
Delivering between 14g and less than 4 ounces 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 ounces and less than 25 pounds 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 pounds and less than 100 pounds 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 pounds and less than 500 pounds 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.
Delivery to a person under 18 at least 3 years younger is subject to an enhanced sentence of the fine, a term of imprisonment up to 2x authorized.
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 ounces 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 ounces and 25 pounds 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 pounds and 100 pounds 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 100 pounds or more 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.
Trafficking
Possessing 500pounds 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.
Hash & Concentrates
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.
- Arkansas Code § 5-64-419(b)(5)
- Arkansas Code § 5-4-201
- Arkansas Code § 5-4-401
- Arkansas Code § 5-64-101(16A)
Paraphernalia
Possession with purpose to use paraphernalia is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.
Possession of paraphernalia with purpose to grow marijuana is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.
Delivering of smoking paraphernalia to a minor at least 3 years younger than the deliverer is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.
Delivery of growing paraphernalia to a minor at least felony violation is a Class B Felony and punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.
Delivering of growing paraphernalia to a minor at least 3 years younger than the deliverer 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.
- Arkansas Code § 5-64-443(a)
- Arkansas Code § 5-64-443(b)
- Arkansas Code § 5-64-444(b)
- Arkansas Code § 5-64-444(a)
- Arkansas Code § 5-4-201
- Arkansas Code § 5-4-401
More Information
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.
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
LOCAL DECRIMINALIZATION
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
Low THC
This state has passed a low THC law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
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.
Medical Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.