Northwest Arkansas Drug Crimes Defense Lawyers

Law enforcement takes drug crimes seriously, which is why those who are charged with related criminal offenses face such harsh penalties. Even simple possession can result in significant consequences. An experienced criminal defense lawyer from Horton Law can discuss your situation and how we can help during a confidential consultation.

What Is a Controlled Substance Under Arkansas Law?

In Arkansas, the Arkansas Uniform Controlled Substances Act, codified in AR Code §5-64-101 through §5-64-510, defines, regulates, and enforces rules related to controlled substances in the state. Under this law, controlled substances include the actual drug or substance, as well as the immediate precursors to a controlled substance. These rules identify who can possess these substances and in what quantities, as well as provide for harsh criminal penalties for those who violate the rules.

Arkansas Controlled Substances Schedule

Like most states, Arkansas classifies drugs into different schedules. The schedules depend on the following factors:

Risk of dependency
Risk of abuse
Whether the drug has a current medical use

Understanding these factors is crucial because they dictate how your crime will be charged. Depending on the schedule and other factors, you could be facing a misdemeanor or a serious felony.

Unlike federal law (which classifies drugs into five different schedules), Arkansas state law uses the following six categories:

Schedule I: Schedule I drugs are considered the most serious drugs because they have the highest likelihood of abuse. They include opiates, morphine, heroin, ecstasy, GHB, and LSD.
Schedule II: Schedule II drugs do have an accepted medical use, but they are still considered serious drugs because they have a high likelihood of abuse and physical and psychological dependency. These drugs include narcotics, such as cocaine, as well as stimulants like methamphetamine. They also include fentanyl and Adderall.
Schedule III: Schedule III drugs present a substantial risk of physical and psychological dependency and have an accepted medical use. Drugs in this schedule include anabolic steroids, codeine, and ketamine.
Schedule IV: Schedule IV drugs have a moderate risk of dependency and abuse and an accepted medical use. They include Xanax, Valium, Tramadol, antidepressants, and sleep medicines.
Schedule V: Schedule V drugs present a potential for dependence and abuse and have accepted medical uses. They include Motofen, Lyrica, Lomotil, and over-the-counter medications that have a small amount of a narcotic ingredient.
Schedule VI: Schedule VI drugs carry the potential for abuse and have no standardized medical use. Marijuana is considered a Schedule VI drug in Arkansas.

Types of Cases We Handle

At Horton Law, we take on all types of drug cases, including those involving the following criminal offenses:

Drug Possession

In Arkansas, the classification of a drug possession charge depends on the type of drug and the quantity. Potential drug crimes could include the following:

Possession of a Schedule I or II drug (not including cocaine or meth): Possession of a Schedule I or II drug other than cocaine or methamphetamine is a Class B, C, or D felony, depending on the quantity.
Possession of cocaine: Possession of cocaine is a Class B, C, or D felony, depending on the quantity of the drug.
Possession of meth: Possession of methamphetamine is a Class B, C, or D felony, depending on the amount.
Possession of a Schedule III drug: This crime can be charged as a Class B, C, or D felony or a Class A misdemeanor, depending on the quantity of the drug.
Possession of a Schedule IV or V drug: This crime can also be charged as a Class B, C, or D felony or a Class A misdemeanor, but the amounts differ from those involved in possession of a Schedule III drug.
Possession of marijuana: Possession of a Schedule VI drug, including marijuana, can be charged as a Class A misdemeanor or a Class A, B, C, or D felony, depending on the quantity.

Possession of Drug Paraphernalia

AR Code §5-64-443 illegalizes the possession of drug paraphernalia, which are items that are used to facilitate the use or sale of drugs and include the following:

Scales
Pipes
Needles
Spoons
Balloons
Envelope
Other items

This crime can be charged as a Class A misdemeanor or as a Class B or D felony, depending on the type of paraphernalia and the drugs it is intended for.

Drug Possession with the Intent to Deliver

Arkansas law has several statutes that address drug possession with the intent to deliver. Under these laws, a person can face stricter penalties if they:

Possess the means to weigh, separate, or package certain drugs
Have a record for a drug-related transaction
Separate and package drugs in a way to facilitate delivery
Possess a firearm in their immediate physical control at the time of possessing the drug
Possess at least two other controlled substances in any amount
Have other admissible evidence against them that contributes to the proof that their purpose was to deliver the drugs

The potential penalties for these crimes again depend on the type of drug and the quantity.

Manufacturing a Controlled Substance

Manufacturing a controlled substance or cultivating drugs is a more serious drug offense that subjects a defendant to the harshest possible criminal charges and penalties, including Class A or Class Y felonies. A Y felony can result in life imprisonment.

Drug Trafficking

A person can be charged under AR Code §5-64-440 for trafficking a controlled substance if they possess, possess with the purpose to deliver, deliver, or manufacture any of the following controlled substances, including adulterants or diluents, in the following quantities based on aggregate weight:

200 grams or more of methamphetamine or cocaine
200 grams or more of a Schedule I or II drug
400 grams or more of a Schedule III controlled substance
800 grams or more of a Schedule IV or V controlled substance
500 pounds or more of a Schedule VI substance

This crime is a Class Y felony.

Drug Penalties

Many drug charges in Arkansas are classified as felonies and carry significant penalties. Here are the possible penalties you could face if you are convicted of a drug crime, from the most to least serious:

Class Y felony: Between 10 and 40 years in prison or life imprisonment
Class A felony: Between 6 and 30 years in prison and a fine of up to $15,000
Class B felony: Between 5 and 20 years in prison and a fine of up to $15,000
Class C felony: Between 3 and 10 years in prison and a fine of up to $10,000
Class D felony: Up to 6 years in prison and a fine of up to $10,000
Class A misdemeanor: Up to one year in jail and a fine of up to $2,500
Class B misdemeanor: Up to 90 days in jail and a fine of up to $1,000
Class C misdemeanor: Up to 30 days in jail and a fine of up to $500

Factors Affect Sentencing

Judges have wide discretion in determining an appropriate sentence for a given defendant. They can consider various factors, including aggravating factors that justify harsher sentences and mitigating factors, which motivate them to give lighter sentences. Some of these considerations may include the following:

The nature of the crime
The quantity of drugs
The severity of the offense
Your prior criminal history
Whether the crime involved violence
Whether a weapon was present during the offense
Your age and mental health status
Whether you are a first-time offender

Judges also use the Arkansas Sentencing Standards, which provide guidelines for judges who make sentencing determinations and encourage consistency in sentencing. These guidelines provide minimum and maximum penalty ranges and a sentencing grid, whose vertical axis signifies the seriousness of the offense from a level 1 to 10 and a horizontal axis, which provides for the defendant’s criminal record score, ranging from one to five. The point where the seriousness level and score meet represents the presumptive term of imprisonment.

Possible Defenses to Drug Charges in Arkansas

Depending on the circumstances, your criminal defense attorney may be able to raise various defenses to the charges against you. These might include:

Lack of Possession

You may not have had the drugs in question. For example, they could have been found in a car that several other people were in. Your lawyer could argue that the drugs did not belong to you. However, Arkansas does recognize constructive possession, so you do not have to be in actual possession to face these criminal charges. Still, the prosecutor bears the burden of proof that you were knowingly in possession of illegal drugs.

Entrapment

An entrapment defense can arise if a law enforcement officer coerced you into illegal activity that you would not have taken part in had they not applied this pressure to you.

Illegal Search and Seizure

The Fourth Amendment to the United States Constitution protects you from unreasonable searches and seizures. In many cases, law enforcement officers must have a warrant to conduct a search. If they did not, they may have violated your rights, and your criminal defense attorney may be able to file a motion to suppress this illegally obtained evidence.

In addition to making effective legal arguments, your lawyer can also try to negotiate a favorable plea bargain or help you take part in a first-time offender program to minimize the consequences of a drug conviction.

Contact Our Drug Crime Defense Lawyers for a Confidential Consultation

If you are facing criminal charges for drug crimes in Arkansas, you need qualified legal representation now. The lawyers with Horton Law have decades of legal experience and a track record of successful results. Contact us today to schedule your confidential case evaluation.