Classifying the possession of drugs
As in most states, Arkansas uses a classification process for drugs. Each "class" has specific characteristics. The classification of drugs in Arkansas is:- Schedule I - which have the highest potential to be abused and includes hallucinogens and opiates
- Schedule II - these drugs typically may be prescribed for a patient but are also likely to be abused. These drugs include amphetamines and raw opiates
- Schedule III - with a lower expectation of dependence, the drugs in this class include anabolic steroids and pentobarbital
- Schedule IV - prescription drugs like diazepam and tramadol with accepted medical uses and lower chance of addiction
- Schedule V - many over the counter drugs like pseudoephedrine fall into this category. They are considered the least dangerous drug with the lowest likelihood of addiction
- Schedule VI - marijuana falls into this category and most people believe they are the "most dangerous" drugs with the highest likelihood for abuse and addiction
Classification of drug penalties
Drug possessions are classified as misdemeanor or felony charges depending on amounts as well as drug classification. It is worthy of note than a "gram" is actually considered "0.035274" (three tenths) of an ounce which is a very small amount.
Possession of a Schedule I or II drug, other than methamphetamine or cocaine is a felony. Felony charges are broken into three categories, depending on the amount you possess.
- Class D felony - possession of less than two grams
- Class C felony - two grams to one ounce
- Class B felony - possession of one ounce to three and a half ounces
Schedule III drugs have less stringent penalties in so far as they do have misdemeanor classification. Charges for possession include:
- Class A misdemeanor - possession of less than two grams
- Class D felony - possession of more than two grams but less than one ounce
- Class C felony - possession of one ounce but less than seven ounces (200 grams)
- Class B felony - possession of less than 14 ounces (400 grams) but more than seven ounces (200 grams)
Schedule IV and V drugs have the same classifications for misdemeanor and felony charges. They are:
- Class A misdemeanor - possession of any amount under one ounce (28 grams)
- Class D felony - possession of any amount between one and seven ounces
- Class C felony - possession of amounts between seven and fourteen ounces
- Class B felony - possession of more than fourteen ounces but less than twenty eight ounces
Schedule VI drugs present a more nuanced approach to charges since oftentimes, consideration for prior acts as well as amounts are included in the determination of how to file charges which include:
- Class A misdemeanor - no prior possession charges and found in possession of less than four ounces
- Class D felony - two prior convictions for possession and found in possession of one to four ounces or possession between more than four ounces but less than ten pounds
- Class C felony - possession of more than ten pounds but less than twenty-five pounds
- Class B felony - possession of more than twenty-five pounds but less than one hundred pounds
- Class A felony - possession of more than one hundred pounds but less than five hundred pounds
Keep in mind the higher the amount, the more likely you are to be charged with possession with intent to distribute. This will enhance the charges against you and can be very serious if you have had previous convictions for possession of any substance. In the next portion of the series, we'll discuss the potential sentencing you may face if you are arrested, tried and found guilty of possession charges.
Keep in mind, if you are arrested for any type of drug possession, it is imperative to contact an Arkansas criminal defense attorney immediately. You have far more at risk than facing a criminal charge including potential issues finding work and housing, losing your right to bear a firearm and your right to vote.
Image credit: FreeDigitalPhotos/Scottchan
