Hot Springs National Park, AR asked in Criminal Law for Arkansas

Q: Is it still considered simultaneous if the amount of marijuana is less than an ounce

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1 Lawyer Answer
James E Hensley Jr
James E Hensley Jr
  • Criminal Law Lawyer
  • Conway, AR
  • Licensed in Arkansas

A: Very harsh statute for sure in Arkansas. The simultaneous statute is a class Y felony, 10 to 40 or life for having a weapon or something like a weapon with no valid reason to have the weapon. ACA 5-64-400 encompasses all sorts of drugs and different amounts. I do not believe there is a distinction in the amount of drugs necessary to invoke this statute. It is the prosecutor's discretion to charge or not. Most do not charge for less than one ounce but they can and often do charge; especially, if there are other factors present. For instance, if the defendant has a history of drug use and other felonies, there was violence involved with the incident, or if someone was hurt.

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