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.

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.

Arkansas Code 5-64-413 Web Search

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

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

Arkansas Code 5-64-436 Web Search

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

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.

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

Arkansas Code 5-64-406 (b) Web Search

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

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.

Arkansas Code 5-64-439 Web Search

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

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.

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.

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.

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.

Arkansas Code 5-64-444 Web Search

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

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.

Arkansas Code 27-16-915 Web Search

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