You undoubtedly know that selling controlled substances, whether thy are prescription medications or illicit, prohibited drugs like methamphetamine, is illegal. You also likely realize that getting caught in possession of controlled or prohibited substances can result in criminal charges. What you might not realize is that Arkansas has a detailed definition of what constitutes possession.
You probably think that if you don’t have the drugs in your pockets, hidden on your body, in your house or in your vehicle, that there is no way for the state to charge you with possession. However, Arkansas law has penalties for possession related to those who have banned substances in their body or bodily fluids. In other words, simply testing positive for a banned substance is in and of itself a serious criminal offense.
People wind up arrested and tested for many reasons
Anyone with a controlled substance in their bloodstream runs the risk of arrest and incarceration. Law enforcement can order testing after an arrest for another issue or if someone appears to be under the influence of drugs in public. Sometimes, people get tested because they are already in state custody. Police can also get involved if a third party tests for certain compounds and gets a positive result.
If a test shows that you have controlled substances in your body or your bodily fluids, the end result could be criminal charges of possession. What charges and penalties you face will depend on the drug involved.
Any scheduled drugs in the bloodstream could be grounds for charges
Any drug or compound listed on Schedule 1 or Schedule 2 of Arkansas’ controlled substances list will potentially mean facing class D felony charges.
Those who test positive for drugs included on Schedule 3 can wind up charged with class A misdemeanors. A Class D felony carries up to six years in prison and up to $10,000 in fines. A Class A misdemeanor could mean up to a year in jail and a fine of as much as $2,500.
Anyone accused of possession should explore their options
Facing accusations and criminal charges related to illegal drugs can be very stressful. Between the fines, jail time and consequences of a criminal record, you may be worried that this issue will define the rest of your life. Thankfully, anyone accused of a crime in Arkansas or across the United States has the right to a defense.
There are criminal defense strategies that can work for those facing charges related to internal drug possession in Arkansas. From seeking treatment instead of incarceration through a drug abatement program to pushing back against questionable evidence, there are likely options that can help you reduce the long-term impact of these charges on your life.
