What happens if I get caught with Marijuana in Arkansas? 

Criminal Law

What happens if I get caught with Marijuana in Arkansas? 

What happens if I get caught with Marijuana in Arkansas? 

In Arkansas, possessing marijuana without a valid prescription is illegal. The possession of marijuana can range from an A- Misdemeanor all the way to a Y- Felony, depending on the amount and how it is packaged. The majority of Marijuana arrests in Arkansas will be for Class A – Misdemeanors and Class D – Felonies.  

As long as you have less than 4 ounces of marijuana and there are no other enhancing factors, you are looking at a class A – misdemeanor. The possible sentence range on a misdemeanor marijuana charge is up to 1 year in county jail and up to a $2500 fine as well as a mandatory drivers license suspension for 6 months.  

Some people are charged with class D – Felonies for possession of marijuana even if they have less than 4 ounces. How does this happen? If you are in possession of at least 14 grams of marijuana and it is packaged for resale, you also have a scale, or there is other proof the police can use to alleged distribution of the marijuana, you may be charged with the enhancement which can result in a class D – Felony.  The possible sentence for a class D – felony is up to 6 years in prison and up to a $10,000 fine along with a driver’s license suspension.  

How do Police discover you have Marijuana? 

Police normally find marijuana in three situations. First, the police locate the marijuana on you, such as in your pocket. Second, police locate marijuana inside a vehicle you are driving or riding in. Third, police find marijuana inside a home that you are in.  

To come into contact with you, outside of your home, police must reasonably believe you are committing a crime or be conducting a pat down for officer safety. If you are driving and the police reasonably believe you have committed a traffic violation, they can stop your vehicle and investigate the violation. If in the course of their investigation, they develop further cause to search the vehicle or to pull you out of the vehicle and pat you down, these situations can lead to the discovery of marijuana or other drugs that are located on your person or in the vehicle.  However, the law provides remedies for situations where the police do not follow the proper procedures when conducting searches and pat downs. The same is true when officers find drugs in your home, the officers must have had a legally valid reason for being in your home. If they do not have a valid reason, any discoveries may be subject to suppression.  

What should I do if I get caught with Marijuana in Arkansas? 

First, do not make a statement to the police. You are not going to talk yourself out the situation you are currently in. Second, ask for an attorney. An experienced defense attorney can evaluate your case and determine if you have any evidence that can be suppressed and file the appropriate motions to have a suppression hearing in court.  

Hiring an attorney can significantly reduce the possibility of jail time and other consequences of a marijuana conviction. Marijuana laws are in a state of constant change and having an attorney who is knowledgeable about the latest case law is key to your success in an arrest for marijuana. If you or someone you know has been arrested for marijuana or any other drug offences, give us a call to day so we can start to help.  

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Degen Clow Arkansas Lawyer

Degen D. Clow – North Little Rock Criminal Defense Attorney

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