Recent data shows that 317,793 Americans are arrested annually for possession of marijuana. And other states may have legalized marijuana, but Arkansas still has its own set of strict laws about it. Over 100,000 people in the state have medical marijuana cards, but it still won’t protect them from arrest. Cardholders must still abide by the rules and refrain from possessing more than is permissible.
According to a criminal drug attorney from The Ward Firm, one scenario that can escalate to felony charges is if it happens near schools or other designated places. The consequences of felony possession of marijuana in this state can have serious effects on your life and your future. Even if someone possesses small amounts, it can result in penalties, especially if the person has prior convictions.
Here, you will learn how possession of marijuana could escalate into a felony charge and what you can do to defend yourself from these charges.
Arkansas Laws on Marijuana Possession
In Arkansas, it is illegal to possess marijuana for recreational use, even in small amounts. The state has strict laws about marijuana possession, and being found with any amount can lead to serious penalties.
The possession of marijuana is considered a misdemeanor for the first offense if the amount is less than four ounces. This can result in fines of up to $2,500 and up to one year in jail. But how much weed is a felony in Arkansas? Felony possession typically begins with larger quantities of marijuana or repeated offenses.
Felony possession of marijuana in Arkansas carries much harsher penalties, with longer prison sentences and heavier fines. If you’re charged with felony possession, it can have long-lasting consequences for your record and future opportunities.
Definition of Felony Possession
Felony possession of marijuana in Arkansas constitutes the illegal ownership of a specified quantity that exceeds the limit for misdemeanor charges. Meaning that the possession of marijuana is categorized as a felony when the amount is more than the legal limit set by law. Possessing marijuana in quantities above this threshold is considered a serious offense and can cause serious legal problems.
When someone is found with marijuana in their possession in Arkansas, law enforcement officials will check the quantity to see if it meets the criteria for a felony charge. Again, felony possession of marijuana is a more serious violation of the law compared to misdemeanor possession. The penalties for felony possession can include heavy fines, possibly imprisonment, and a permanent criminal record.
There are legal limits and consequences associated with marijuana possession in Arkansas that you must be aware of to avoid being charged with a felony. If you’re unsure about the quantity of marijuana you can legally possess, it’s best to get legal advice to comply with the state’s laws.
Quantity Threshold for Felony
In Arkansas, if you have more marijuana than the allowed amount, you can be charged with a felony crime. Here’s a quantity threshold for a felony charge:
Class D Felony: If found in possession of more than 4 ounces but less than 10 pounds of marijuana, you could face up to 6 years in prison and a fine of up to $10,000.
Class C Felony: Possessing between 10 and 25 pounds of marijuana is punishable by a maximum of 10 years in prison and fines reaching $10,000.
Class B Felony: If the quantity is more than 25 pounds, it carries a sentence of up to 20 years in prison and a fine of up to $15,000.
Penalties for Felony Possession
If you’re found guilty of felony possession of marijuana, you could face imprisonment of 3 to 10 years. The exact length of the sentence will depend on the circumstances of your case, such as the amount of marijuana in your possession and any previous criminal record. Aside from imprisonment, you may also be subject to fines of up to $10,000.
A felony conviction for marijuana possession can also cause more problems than just immediate penalties. It can affect your ability to secure future employment, housing, and educational opportunities. Having a felony on your record may also restrict your rights, such as voting or possessing firearms. Take felony possession charges seriously and seek legal advice to know your options for defense against felony possession charges.
Legal Defenses for Marijuana Charges
When charged with felony possession of marijuana in Arkansas, these legal defenses can mitigate the consequences of the allegations against you:
- They were challenging the legality of the search that led to the discovery of marijuana. If law enforcement did an illegal search without a warrant or probable cause, any evidence they got may be deemed inadmissible in court.
- You were saying that the marijuana didn’t belong to you and that you were unaware of its presence. A lack of knowledge or control over marijuana could cast doubt on your intent to possess it unlawfully.
- Arguing that the amount of marijuana found was for personal use only and not for distribution, which could reduce the charges.
Seek legal counsel to look at these defenses and figure out the best course of action based on the specifics of your case.
Conclusion
In Arkansas, felony possession of marijuana is a serious offense with harsh penalties. It’s in your best interest to know the laws about marijuana possession in the state to avoid facing felony charges.
Possessing large amounts of marijuana can result in felony charges, which can have long-lasting consequences. So, be sure to understand your legal rights and options if you’re ever facing marijuana possession charges in Arkansas.
