Class Y Felony Drug and Firearm Charges Dismissed in Sevier County Arkansas | Case Result
- Aug 28, 2025
- 3 min read
Updated: 5 days ago
Benton, Arkansas – August 28, 2025 – Mustain Law Firm, PLLC secured a favorable outcome for its client in a serious felony case pending in the Circuit Court of Sevier County, Arkansas.
Attorney Logan Mustain represented the defendant in a case involving the following charges:
Possession with Purpose to Deliver a Controlled Substance (Schedule VI) >14g <4oz (Ark. Code Ann. § 5-64-436(b)(2)) – Class D Felony
Simultaneous Possession of Drugs and Firearms (Ark. Code Ann. § 5-74-106) – Class Y Felony
On August 28, 2025, both charges were formally nolle prossed (dismissed) for good cause, resulting in the case being resolved without a conviction.
Case Outcome Highlights
Charges:
Possession with Purpose to Deliver (Schedule VI) – Class D Felony
Simultaneous Possession of Drugs and Firearms – Class Y Felony
Court: Sevier County Circuit Court
Disposition Date: August 28, 2025
CDL Case: No
Final Result:
All charges nolle prossed (dismissed)
Criminal Conviction: None
Financial Obligation: $0.00
Potential Penalties (Criminal Exposure)
These charges carried extremely serious felony exposure:
Simultaneous Possession of Drugs and Firearms (Class Y Felony):
10 to 40 years or life imprisonment in the Arkansas Department of Corrections
Up to $15,000 in fines
Possession with Purpose to Deliver (Schedule VI) (Class D Felony):
Up to 6 years imprisonment
Up to $10,000 in fines
If convicted, the defendant faced:
Decades in prison or potential life sentence
A permanent felony record
Loss of civil rights and long-term consequences affecting employment and housing
Case Background
The defendant was charged with possession of a substance alleged to be marijuana in a quantity exceeding 14 grams, along with an accompanying firearm allegation.
As reflected in the Arkansas State Crime Laboratory report, the substance tested positive for THC with a reported weight of approximately 22 grams.
However, further legal and factual analysis revealed that the substance was consistent with hemp-derived THC (Delta-8 or Delta-9), which Mustain Law Firm argued was legal under Arkansas law at the time.
Based on these issues, the State moved to dismiss the charges. The Order entered on August 28, 2025 reflects that the case was nolle prossed for good cause.
Why This Result Matters
This case involved one of the most serious charges under Arkansas law—a Class Y felony—carrying the possibility of decades in prison.
The dismissal means:
No conviction
No incarceration
No fines or penalties
No permanent criminal record resulting from this case
This case also highlights a critical legal issue:
Substances testing positive for THC are not always illegal
Hemp-derived Delta-8 and Delta-9 products can be lawful
Misidentification can lead to serious felony charges
Strategic Criminal Defense Matters
“This case demonstrates the importance of understanding both the science and the law,” said attorney Logan Mustain.
“When a substance is legally permissible, even if it tests positive for THC, that distinction can be the difference between a life-altering conviction and a complete dismissal.”
Mustain Law Firm represents individuals across Arkansas in serious felony cases, including drug and firearm charges, with a focus on protecting clients from severe penalties.
Learn more about Criminal Defense:
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About Mustain Law Firm, PLLC
Mustain Law Firm, PLLC is a Benton, Arkansas-based law firm focused on criminal defense and traffic defense.
The firm represents clients across Arkansas in:
Felony and misdemeanor criminal cases
Traffic citations (including CDL violations)
The firm is committed to achieving results that minimize long-term consequences and protect its clients’ futures.
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