Possession of Drug Paraphernalia

Possession of drug paraphernalia is a crime in Arkansas and is governed by Arkansas Code Annotated §5-64-443.  The definition of “drug paraphernalia” often turns on the intent of the user and possessor.

Possession of Drug Paraphernalia

Many everyday items can be deemed “drug paraphernalia” if a court determines there is sufficient proof that the purpose of the item is to:

  • Inject
  • Ingest
  • Inhale
  • Introduce a controlled substance into the body

As well if the items are used to:

  • Store
  • Manufacture 
  • Transport
  • Measure
  • Grow a controlled substance

For example, plastic bags, spoons, syringes, and scales can all be deemed “drug paraphernalia” if there is sufficient evidence to prove the items were used to do one of the following listed above. 

Possession of Drug Paraphernalia Bo Morton

The seriousness of the offense of possession of drug paraphernalia depends on the intent of the person possessing the item.  

For example, possession of drug paraphernalia is:

Class A misdemeanor

  • When the purpose is to inject, inhale, ingest, or introduce a controlled substance into the body. Unless the controlled substance is methamphetamine or cocaine, in which case it is a class D felony.

Class B felony

  • When the purpose is to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, or repack a controlled substance that is methamphetamine or cocaine.

Class D felony

  • When the purpose is to store, contain, or conceal a controlled substance that is methamphetamine or cocaine.

Class D felony

  • When the purpose is to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, or repack a controlled substance that is not methamphetamine or cocaine.

Class A misdemeanor

  • When the purpose is to store, contain, or conceal a controlled substance that is not methamphetamine or cocaine.

To find more information about possession laws in Arkansas check out our possession page here.

Need Help?

If you have problems with Possession charges, 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.