Arkansas Possession Laws

What is a Controlled Substance in Arkansas?

A controlled substance is a drug falling in the unlicensed spectrum, which can affect or harm a person health and future wellbeing. The classification of controlled substances in Arkansas is divided up into six schedules that are arranged by their dependency of abuse, addictiveness, and possible medical use. The Arkansas State Board of Health determines what substances are considered a Controlled Substance. The Arkansas Department of Health (ADH) recognize historical patterns of abuse, current scientific evidence, federal laws, public health and the risk for individuals to become dependent.

Legal Counsel for Fayetteville Springdale and Washington County Arkansas best Criminal Law experts in Possession

Controlled Substance Categories

Schedule I

Are substances are considered to have the highest likelihood of abuse.

Schedule II

Substances that have an accepted medical use but a high likelihood of abuse and severe psychological or physical dependence if abused.

  • Possession of schedule I or II substance is a felony.

Schedule III

Are substances having an accepted medical use, lower likelihood of abuse and less severe physical dependence, though psychological dependence is still possible. Pentobarbital and anabolic steroids are examples of Schedule III substances.

  • Fewer than two grams in possession is a Class A misdemeanor.
  • Two grams or more in possession, but less than 28 grams, is a Class D felony.
  • Twenty- eight grams or more in possession, but less than 200 grams, is a Class C felony.
  • Two hundred grams or more in possession, but less than 400 grams, is a Class B felony.

Schedule IV

Substances that have an accepted medical use combined with a decreased likelihood of abuse and can cause a less severe physical and psychological dependence if they are abused.

  • Fewer than 28 grams in possession is a Class A misdemeanor.
  • Twenty-eight grams or more in possession, but less than 200 grams, is a Class D felony.
  • Two hundred grams or more in possession, but less than 400 grams, is a Class C felony.
  • Four hundred grams or more in possession, but less than 800 grams, is a Class B felony.

Schedule V

Are substances that are the least dangerous controlled substances. They have an accepted medical use, a lower risk of abuse and only limited dependence if they are abused.

  • Fewer than 28 grams in possession is a Class A misdemeanor.
  • Twenty-eight grams or morein possession, but less than 200 grams, is a Class D felony.
  • Two hundred grams or more in possession, but less than 400 grams, is a Class C felony.
  • Four hundred grams or more in possession, but less than 800 grams, is a Class B felony.

Schedule VI

Are substances, like marijuana, are those that don’t fit the other five schedules. According to their classification, there is no accepted medical use, and they are considered unsafe even under direct medical supervision. Additionally, Schedule VI substances carry a high likelihood of physical or psychological dependence.

  • Fewer than four ounces in possession is considered a Class A misdemeanor.
  • One ounce or more in possession, but less than four ounces. If the defendant has two previous convictions for possession of Schedule VI CDS, the charge will fall on a Class D felony.
  • Four ounces or more in possession, but less than ten pounds, is a Class D felony.
  • Ten pounds or more in possession, but less than 25 pounds, is a Class C felony.
  • Twenty-five pounds or more in possession, but less than 100 pounds, is a Class B felony.
  • One hundred pounds or more in possession, but less than 500 pounds, is a Class A felony.

Possession of Controlled Substances in Arkansas

Arkansas divides punishment either as a felony or misdemeanor which rang in different jail time and fines. Felonies and misdemeanors both stay on your record for life and be found on background checks.

Felony

Felonies are divided into six different classes such as Y, A, B, C, and D. Normally possession crimes fall into Classes A, B, C, and D, with the most severe offenses classified in Class Y. With felonies, fines are typically higher in value and have a jail time usually longer than one year in prison either in a state or federal institute.

Misdemeanor

Misdemeanors are more serious than infractions that are divided into three classes, but possession of a controlled substance is a Class A misdemeanors. Typically are defined as a crime which is punishable by small fines with up to a year in jail time in a local or county jails rather than state or federal.

Need Help?

If you have been charged with Possession, call George B. Morton with Morton Law at 479-587-9988. Arkansas’s best Criminal Law Experts in the Fayetteville, Springdale, and Washington County areas.