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Arkansas Marijuana Laws

Arkansas Marijuana Laws

 

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)

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 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:

  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 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

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 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

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

See

  • Arkansas Code 5-64-408

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

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 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

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

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.

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. 

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. 

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. For more information see NORML’s Medical Marijuana section.

Arkansas Drugged Driving

In Arkansas, a person is guilty of a DUI if they are intoxicated and operate a motor vehicle. Ark. Code. Ann. § 5-65-103(a) (West 2010). “Intoxication” includes being influenced by the ingestion of a controlled substance to such a degree that the driver’s reactions, motor skills, and judgment are substantially altered. Id. § 5-65-102(b)(2).

Affirmative Defense

The fact that a person is or has been entitled to use a drug or controlled substance under the laws of this state does not constitute a defense. Id. § 5-65-102(B).

Implied Consent

  • Any person who operates a motor vehicle in the state of Arkansas is deemed to have given consent to one or more chemical tests of his or her breath or blood. Id. § 5-65-202.
  • If a person under arrest refuses to submit to a chemical test, no chemical test shall be given, and the person’s driver’s license shall be seized by the officer and suspended for 180 days. Id. §§ 5-65-205(a)-(b).
  • Under implied consent statute, defendant has no right to consult with an attorney before taking, or refusing to take, test. Wright v. State, 703 S.W.2d 850 (1986).
  • If the person tested requests that additional chemical test or chemical tests be made the cost of the additional chemical test or chemical tests shall be borne by the person tested, unless the person is found not guilty in which case the arresting law enforcement agency shall reimburse the person for the cost of the additional chemical test or chemical tests. Id. § 5-65-203(2).
  • Refusal to be tested for blood-alcohol content is admissible evidence on the issue of intoxication and may imply defendant’s consciousness of guilt. Blair v. State, 288 S.W.3d 713 (2008).

Penalties

  • First offense – jail time of 24 hours up to a maximum of 1-year (potential public service in lieu of jail time); fine of $150 with a maximum fine of $1,000; license suspension for 120 days. Ark. Code. Ann. § 5-65-111(a)(1)(A)-(B) (West 2010); Id. §5-65-112(1).
  • Second offense – minimum of 7 days in jail, up to 1-year (potential 30 days of community service in lieu of jail time); fine of $400 to $3,000 dollars; license suspension for 24 months. Id. § 5-65-111(b)(1)(A); Id. §5-65-112(2).
  • Third offense (w/i 5 years) – minimum of 90 days in jail, up to a maximum of 1-year (the court may order a minimum of 90 days of community service in lieu of jail time); fine of $900 up to $5,000; license suspension for 30 months. Id. § 5-65-111(b)(2)(A); Id. §5-65-112(3).
  • Fourth offense (w/i 5 years) felony – incarceration of a minimum of 1-year up to a maximum of 6 years (possible minimum of 1-year of community service in lieu of jail); fine of $900 to $5,000; license revocation for 4 years; state may also order the defendant’s vehicle to be seized. Id. § 5-65-111(b)(3)(A); Id. §5-65-112(3).
  • Fifth or subsequent offense (w/i 5 years) felony imprisonment for at least two years but no more than ten years (possible community service in lieu of imprisonment); fine of $900 to $5,000. Id. § 5-65-111(b)(4)(A)(i); Id. §5-65-112(3).

Other Penalties & Penalty Enhancers

  • DUI with a passenger under 16 is in the vehicle (unless within 2 years of the driver’s age) enhances penalty. Id. § 5-65-111 (a)(2)(A).
  • Multiple offences can lead to vehicle forfeiture and sale. Id. § 5-65-117.

Sobriety Checkpoints

Sobriety Checkpoints are permissible in Arkansas under both state and federal Constitutions.

  • Sobriety checkpoints are proper under Fourth Amendment if they maintain proper balance between gravity of public concern; decree to which public interest is advanced; and severity of interference with individual liberty. Brouhard v. Lee, 125 F.3d 656(C.A.8 (Ark.),1997).
  • Law enforcement officer had “reasonable suspicion” to support investigatory stop of motorist who pulled into driveway and drove in opposite direction in order to avoid police roadblock. Coffman v. State, 759 S.W.2d 573(1988).

Case Law

Blair v. State, 288 S.W.3d 713 (2008) — Refusal to be tested for blood-alcohol content is admissible evidence on the issue of intoxication and may imply defendant’s consciousness of guilt.

Hill v. State, 868 S.W.2d 44 (1993) — Driving while intoxicated can be committed on private property.

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)

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

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 »