Can a first-time offender caught with mushrooms in Arkansas get charges dropped or probation?

Question

I was pulled over for speeding in Arkansas and caught with marijuana paraphernalia and 14 grams of mushrooms. I have never been charged before with anything. I also have a medical marijuana card from Oklahoma. How can I get these charges dropped, or is it possible to get probation as a first-time offender?

James L. Arrasmith · Answer

Being a first-time offender in Arkansas does give you some room to work with, especially if you’re willing to take responsibility and show you want to avoid trouble going forward. While psilocybin mushrooms are still illegal in the state, courts sometimes offer alternative outcomes like probation or diversion programs for people without a criminal history. That said, 14 grams is not considered a small amount, so how your case is handled may depend on how the prosecution views intent. 
 
Your medical marijuana card from Oklahoma won’t protect you in Arkansas, since marijuana laws vary from state to state. However, the fact that you're from out of state and didn’t have bad intent might help your attorney negotiate for leniency. If you’re cooperative and open to probation, treatment, or community service, the court may be more likely to offer an option that avoids jail and possibly even a conviction. 
 
You should bring up your clean record and any efforts you’re making to stay on track, like work or education. A strong show of character can go a long way in getting charges reduced or dropped. Most importantly, don’t miss any court dates and make sure you’re respectful and prepared. Let the court see this as a one-time mistake you’re ready to move on from.

Q: Can a first-time offender caught with mushrooms in Arkansas get charges dropped or probation?