Individuals in Arkansas who are found to be in possession of marijuana may be subject to various penalties, including a jail or prison sentence, depending on the offense. State law assumes that a person who is in possession of at least 500 pounds of marijuana is attempting to traffic it. A defendant who is convicted of intending to traffic marijuana faces a mandatory minimum of 10 years of incarceration and a $15,000 fine.
Penalties for possession
A person who is in possession of fewer than 4 ounces of the substance will be charged with a misdemeanor, and that individual could be fined $2,500 and spend up to a year in jail if convicted. Penalties increase based on the amount found in possession. For example, a person who is in possession of between 100 and 500 pounds of marijuana faces a mandatory minimum sentence of six years, as well as a $15,000 fine.
Penalties for the sale or delivery of marijuana
Selling or delivering 14 grams or less of marijuana is a misdemeanor while selling or delivering more than 14 grams is a felony. A mandatory minimum sentence of at least three years is imposed on anyone convicted of selling or delivering more than 4 ounces of the substance. Penalties for selling or delivering marijuana can be enhanced if the actions occurred within 1,000 feet of a school.
Individuals who are charged with a crime should learn their options to protect their rights. A criminal defense attorney might assert that police obtained evidence illegally and that it should be ruled inadmissible at trial. They may also argue that a person was not in possession of marijuana or any other illegal substance when taken into custody. This may make it easier to negotiate a favorable plea deal or to obtain an acquittal.