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One of the first factors that determines if your drug possession makes you guilty of a felony or a misdemeanor is the schedule of drug it is. The Arkansas Code authorizes the Arkansas Department of Health to make of list of controlled substances and to decide what schedule certain controlled substances are. For example, marijuana is not as high up the list as say cocaine or methamphetamine.

Here is the latest list posted on the health department’s website. This list may not be up to date at the time you read this so it is important to consult with your attorney in your possession matter. The Director of the Health Department has the duty of revising and republishing the list annually under Arkansas Code Annotated 5-64-216.

It should also be noted that proof that you possessed any controlled substance with the intent to sell, manufacture, etc, can make your charge more serious. That is a different topic of discussion for another post.

Tags: Drug Charges by Administrator
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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 by Administrator
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