Arkansas Laws & Penalties

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 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 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.

 

See

Arkansas Code 5-64-419(b)(5) Web Search

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 Web Search

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

 

See

Arkansas Code 5-64-408 Web Search

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 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.

 

Possession with Intent to Distribute can be shown if the:

 

Person possesses means to weigh and separate marijuana

Person possesses a written record of drug transactions

Marijuana is bagged separately to facilitate delivery

Person possesses a firearm on their person

Person possesses at least 2 other controlled substances in addition to the marijuana

Any other proof that the individual was intending to deliver the marijuana can be shown

See

Arkansas Code 5-64-436 Web Search

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

 

See

Arkansas Code 5-64-408 Web Search

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 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.

 

See

Arkansas Code 5-64-438 Web Search

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) Web Search

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

 

See

Arkansas Code 5-64-408 Web Search

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.

See

Arkansas Code 5-64-439 Web Search

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

 

See

Arkansas Code 5-64-408 Web Search

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.

 

See

Arkansas Code 5-64-440 Web Search

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) Web Search

Arkansas Code § 5-64-215 Web Search

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 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 Web Search

Delivering of drug 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.

Delivery during the course and in furtherance of a 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 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 Web Search

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

 

See

Arkansas Code 5-64-408 Web Search

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 Web Search

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.

 

LOCAL DECRIMINALIZATION

This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

 

DRUGGED DRIVING

This state has a per se drugged driving law enacted. 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. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

 

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products.

 

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.

Arkansas Medical Marijuana Law

QUALIFYING CONDITIONS

ALS

Alzheimer’s disease

Cachexia or wasting syndrome

Cancer

Chronic or debilitating disease

Crohn’s disease

Fibromyalgia

Glaucoma

Hepatitis C

HIV/AIDS

Intractable pain

Multiple sclerosis

Peripheral neuropathy

PTSD

Seizures

Severe arthritis

Severe nausea

Severe and persistent muscle spasms

Tourette’s syndrome

Ulcerative colitis

Any medical condition or its treatment approved by the Department of Health

PATIENT POSSESSION LIMITS

Patients who possess a physician’s recommendation may legally possess and obtain medical cannabis provided by state licensed dispensaries. Patients under the age of 21 are not permitted to consume herbal forms of cannabis. Inhaling herbal cannabis is not permitted by adults in the presence of a pregnant woman or a child age 14 or under. Dispensaries may not provide cannabis-infused food or drink products with more than 10mg of THC.

 

HOME CULTIVATION

No

 

STATE-LICENSED DISPENSARIES

Under the law, regulators will license up to 32 dispensary providers and up to five marijuana cultivators.

 

STATE-LICENSED DISPENSARIES OPERATIONAL

Not yet

 

ESTIMATED NUMBER OF REGISTERED PATIENTS

5,085

Source: Arkansas Department of Health

CONTACT INFORMATION

The law took effect on November 9, 2016. However, because of emergency legislation (House Bill 1026) enacted by lawmakers, regulators have until July 1, 2017 to begin accepting applications for those seeking a state license to grow or dispense medical cannabis.

Full text of the amendment » http://www.arkleg.state.ar.us/assembly/2017/2017R/Bills/HB1026.pdf

Arkansas Hemp Law

Year Passed: 2017

Summary: Act 981 establishes the Arkansas Industrial Hemp Research Program to assess the agricultural and economic potential of industrial hemp production.

Statute: Ark. Stat. Ann. § 2-15-401 et seq. (2017)

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