top of page

What if I am charged with possession of a controlled substance in Arkansas?

In Arkansas, possession of a controlled substance is governed by Arkansas Code Annotated 5-64-419, which outlines the legal framework regarding the possession of drugs deemed controlled substances by the state.

Logan Mustain Law Firm

Under this statute, possession refers to having physical control or custody over a controlled substance, whether it's on your person, in your belongings, or within your control in some way. This possession can be actual, where the substance is physically on your body or in your immediate surroundings, or constructive, where you have control over the substance even if it's not directly on you.

 

The term "controlled substance" typically refers to drugs or substances that are regulated by law due to their potential for abuse or addiction and their perceived lack of accepted medical use. These substances are categorized into different schedules based on their potential for abuse and accepted medical use, with Schedule I substances being considered the most dangerous and lacking any recognized medical value, while substances in lower schedules have progressively less potential for abuse or addiction.

 

Arkansas law imposes penalties for the possession of controlled substances, which can vary depending on factors such as the type and amount of the substance, any prior offenses, and the intent behind the possession (e.g., personal use versus distribution). Penalties may include fines, incarceration, probation, or mandatory drug treatment programs, with harsher consequences for repeat offenders or those caught with larger quantities of controlled substances. The aim of such laws is to deter drug abuse, protect public health and safety, and combat the illicit drug trade within the state.

bottom of page