When you face drug charges in Arkansas, you need to understand the differences between drug possession and drug distribution. Both charges involve controlled substances, but the legal consequences can vary significantly.
Drug possession in Arkansas
Drug possession involves having illegal substances for personal use. Arkansas law classifies possession as either simple or aggravated, depending on the type and amount of the drug. Possession of a controlled substance can be a felony, especially if it involves a Schedule I or II drug like heroin or methamphetamine. In some cases, small amounts may result in misdemeanor charges, but a conviction can still lead to serious consequences, such as fines and jail time.
If prosecutors cannot prove your intent to sell, your defense may focus on showing that you only had the drugs for personal use. In these cases, possession charges can result in less severe penalties. You may also argue that you did not know about the drugs in your possession, which could weaken the case against you.
Drug distribution in Arkansas
Drug distribution charges carry much more severe penalties. Distribution refers to selling, delivering, or transporting controlled substances. Arkansas law treats distribution as a more serious offense because it involves illegal trafficking of drugs, which can harm public safety. If charged with distribution, you could face significant prison time, particularly if you have a large quantity of drugs or if you sold drugs to minors.
Any transfer of drugs can count as distribution, even if you didn’t exchange them for money. For example, giving drugs in exchange for something else can also be considered distribution.
How the charges differ
The key difference between possession and distribution is the amount of drugs and your intent. Possession is typically a lesser offense if you didn’t intend to distribute the drugs. However, prosecutors may charge you with distribution if they can prove you intended to sell or distribute the drugs, leading to harsher penalties.
Even if facing possession charges, you can still build a strong defense. Challenging the evidence against you or proving the drugs were for personal use can influence the case outcome.
