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2017 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 64 - Controlled Substances
Subchapter 4 - Uniform Controlled Substances Act -- Prohibitions and Penalties
§ 5-64-419. Possession of a controlled substance
Universal Citation: AR Code § 5-64-419 (2017)
- (a) Except as provided by this chapter, it is unlawful for a person to possess a controlled substance.
- (b) A person who violates this section with respect to:
- (1) A Schedule I or Schedule II controlled substance that is methamphetamine or cocaine with an aggregate weight, including an adulterant or diluent, of:
- (A) Less than two grams (2g) upon conviction is guilty of a Class D felony;
- (B) Two grams (2g) or more but less than ten grams (10g) upon conviction is guilty of a Class C felony; or
- (C) Ten grams (10g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;
- (2) A Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine with an aggregate weight, including an adulterant or diluent, of:
- (A) Less than two grams (2g) upon conviction is guilty of a Class D felony;
- (B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class C felony; or
- (C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;
- (3) A Schedule III controlled substance with an aggregate weight, including an adulterant or diluent, of:
- (A)
- (i) Less than two grams (2g) upon conviction is guilty of a Class A misdemeanor.
- (ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c), upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(3)(A)(i) of this section;
- (B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class D felony;
- (C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class C felony; or
- (D) Two hundred grams (200g) or more but less than four hundred grams (400g) upon conviction is guilty of a Class B felony;
- (A)
- (4) A Schedule IV or Schedule V controlled substance with an aggregate weight, including an adulterant or diluent, of:
- (A)
- (i) Less than twenty-eight grams (28g) upon conviction is guilty of a Class A misdemeanor.
- (ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c), upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(4)(A)(i) of this section;
- (B) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class D felony;
- (C) Two hundred grams (200g) or more but less than four hundred grams (400g) upon conviction is guilty of a Class C felony; or
- (D) Four hundred grams (400g) or more but less than eight hundred grams (800g) upon conviction is guilty of a Class B felony; or
- (A)
- (5) A Schedule VI controlled substance with an aggregate weight, including an adulterant or diluent, of:
- (A) Less than four ounces (4 oz.) upon conviction is guilty of a Class A misdemeanor;
- (B) One ounce (1 oz.) or more but less than four ounces (4 oz.) and the person has four (4) previous convictions under this section or the former § 5-64-401(c) upon conviction is guilty of a Class D felony;
- (C) Four ounces (4 oz.) or more but less than ten pounds (10 lbs.) upon conviction is guilty of a Class D felony;
- (D) Ten pounds (10 lbs.) or more but less than twenty-five pounds (25 lbs.) upon conviction is guilty of a Class C felony;
- (E) Twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) upon conviction is guilty of a Class B felony; or
- (F) One hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) upon conviction is guilty of a Class A felony.
- (1) A Schedule I or Schedule II controlled substance that is methamphetamine or cocaine with an aggregate weight, including an adulterant or diluent, of:
- (c) If a person possesses a controlled substance in violation of this section while the person is an inmate in a state criminal detention facility, county criminal detention facility, city criminal detention facility, or juvenile detention facility, the penalty for the offense is increased to the next higher classification as prescribed by law for the offense.
Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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