| 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 | |||
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 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
Alabama Marijuana Arrests
| Arkansas | 2008 | 2009 | 2010 | 2011 | 2012 | ARC |
|---|---|---|---|---|---|---|
| Possession | 6,428 | 6,074 | 6,283 | 5,110 | 5,324 | -4.6% |
| Sales | 696 | 785 | 824 | 659 | 568 | -5.0% |
| Total | 7,124 | 6,859 | 7,107 | 5,769 | 5,892 | -4.6% |
ARC = Annual Rate of Change
Source: Federal Bureau of Investigation, Uniform Crime Reporting Program
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