Arkansas Criminal Defense Blog ©

Many people are not aware of the punishment for possession of Marijuana in Arkansas.

You can think of the punishment in two general classes:

1. Simple Possession- Simple possession could plainly be described as possessing marijuana without the intent to deliver.

• First time simple possession is an A misdemeanor and is punishable by up to a $1,000 fine and/or up to 1 year in jail. It also carries with it a mandatory drivers license suspension.

• Second time simple possession is a FELONY. That is correct. A FELONY. Even if all you have is a small marijuana cigarette, if you have a previous possession conviction, you are facing felony charges.

2. Possession with “Intent”- If the State prosecutor can show you had the intent to deliver, sell, grow, etc. marijuana, you are facing a felony charge whether you have prior convictions or not. Prosecutors will generally try to prove your intent through your possession of things such as digital scales, scented baggies, or packing huge bricks of the stuff in the trunk of your car with smoked turkeys around them to hide the odor. In addition, large amounts of indescribable cash is also an indicator of your intent.

Please also be aware that possession of over 1 ounce (1 oz.) of marijuana in Arkansas creates a presumption under law that you did intend to deliver it. This presumption can be rebutted.

It is important to retain counsel right away. The Eisele Law Firm handles all matter of marijuana charges, big and small.

Tags: Drug Charges //