Montgomery
Wyatt Hardy, PLC

Criminal, Family and Probate Law

Montgomery
Wyatt Hardy, PLC

Criminal, Family and Probate Law

GET A FREE CONSULTATION

Protecting Clients’ Rights. Working To Solve Problems.

Is simple possession of marijuana legal in Arkansas?

On Behalf of | Oct 29, 2022 | Criminal Defense

If you live in Arkansas, you know that the state takes a fairly harsh stance against marijuana use. Though state lawmakers made medicinal marijuana legal back in 2016, they have yet to legalize recreational use.

Unless and until recreational marijuana becomes legal in the Land of Opportunity, you face stiff penalties if law enforcement catches you with even trace amounts of the substance in your possession. Norml details the penalties of simple possession in Arkansas.

Understanding simple possession

The term “simple possession” refers to not how much marijuana you have on your person but rather, what you intend to do with the drug. Simple possession merely means that you have marijuana on your person for personal use. You do not plan to sell, deliver, cultivate or manufacture it.

Penalties for simple possession

Even though you may not plan to do anything with the drug except use it yourself, you still face harsh penalties if law enforcement catches you with any amount on your person. For example, if you have just four ounces or less, you may receive Class A misdemeanor charges. You also face up to one year in jail and a fine of up to $2,500.

If you have less than four ounces on your person but have four or more prior drug convictions on your record, a fifth offense may result in Class D felony charges. Class D felony charges warrant up to six years in prison and a fine of up to $10,000. If you have between four ounces and 10 pounds of marijuana on your person, you also face Class D felony charges.

Naturally, the consequences grow harsher the more marijuana you have in your possession, with the mandatory minimum prison sentence as high as six years and the maximum as many as 30 years. Understandably, you do not want to risk a conviction. If you face charges, take steps to fight them right away.