Arkansas Drug Laws: Penalties, Charges & Treatment Options

Arkansas drug laws are codified primarily in the Uniform Controlled Substances Act, found in Arkansas Code Annotated Title 5, Subtitle 6, Chapter 64. The state classifies controlled substances into six schedules (I through VI) under Ark. Code Ann. § 5-64-203 through § 5-64-215, with Schedule I substances having the highest potential for abuse and no accepted medical use, and Schedule VI substances having the lowest abuse potential. The Arkansas Department of Health maintains the official list of controlled substances and can administratively add, delete, or reschedule substances.

Arkansas distinguishes sharply between simple possession, possession with purpose to deliver, delivery, manufacture, and trafficking. Simple possession under Ark. Code Ann. § 5-64-419 is treated differently depending on the schedule and substance involved — possession of methamphetamine, cocaine, heroin, or fentanyl carries separate, more severe penalties than possession of other Schedule I or II substances. The state enacted significant fentanyl-specific legislation in 2023 under Act 584 (the Fentanyl Enforcement and Accountability Act), creating new offenses including 'aggravated death by delivery' and 'predatory marketing of fentanyl to minors.'

Drug-Free Zone enhancements under Ark. Code Ann. § 5-64-411 increase penalties for drug offenses committed within 1,000 feet of schools, public parks, community centers, skating rinks, public housing, and drug treatment facilities. Arkansas also imposes enhanced penalties for manufacturing methamphetamine in the presence of minors (Ark. Code Ann. § 5-64-407) and for operating a continuing criminal drug enterprise. The state's DWI laws under Ark. Code Ann. § 5-65-103 apply equally to alcohol and drug impairment, with escalating penalties for repeat offenders.

Arkansas penalizes drug possession under Ark. Code Ann. § 5-64-419 and related statutes. The severity of the penalty depends on the type and quantity of substance involved.

Methamphetamine, Cocaine, Heroin, or Fentanyl: Under § 5-64-419, possession of less than 2 grams is a Class D felony (up to 6 years, up to $10,000 fine). Possession of 2 grams or more but less than 10 grams is a Class C felony (3-10 years, up to $10,000 fine). Possession of 10 grams or more but less than 200 grams is a Class B felony (5-20 years, up to $15,000 fine). Possession of 200 grams or more is a Class A felony (6-30 years, up to $15,000 fine).

Other Schedule I or II Substances: Possession of other Schedule I or II substances is a Class D felony under § 5-64-419(b)(3). Possession with purpose to deliver other Schedule I or II substances under § 5-64-424 is a Class C felony for less than 2 grams and a Class B felony for 2 grams or more.

Fentanyl-Specific Penalties: Under Ark. Code Ann. § 5-64-421, enacted in 2023, fentanyl carries standalone penalties. Possession of less than 1 gram is a Class C felony. Delivery of any amount is a Class B felony. Manufacture is a Class A felony. 'Death by delivery' of fentanyl is a Class Y felony (20 years to life).

Schedule III through VI: Simple possession of Schedule III through VI substances is generally a Class A misdemeanor (up to 1 year, up to $2,500 fine). However, marijuana possession of 4 ounces or more is elevated to felony status.

Enhanced Penalties: Penalties increase by one classification if the offense occurs within a Drug-Free Zone (Ark. Code Ann. § 5-64-411), within 1,000 feet of a school, park, community center, or public housing. Possession while incarcerated in any detention facility also increases the penalty to the next higher classification under § 5-64-419(d).

Arkansas's DWI statute, Ark. Code Ann. § 5-65-103, makes it illegal to operate or be in actual physical control of a motor vehicle while intoxicated. 'Intoxicated' means influenced by any intoxicating liquor, drug, or controlled substance to such a degree that the person's reactions, motor skills, and judgment are substantially altered (Ark. Code Ann. § 5-65-102).

First Offense (Misdemeanor): 24 hours to 1 year in jail (community service may substitute), $150-$1,000 fine, and 120-day license suspension. Attendance at a victim impact panel and alcohol education program required.

Second Offense (Misdemeanor): 7 days to 1 year in jail (30 days community service may substitute), $400-$3,000 fine, and 24-month license suspension.

Third Offense (Misdemeanor): 90 days to 1 year in jail (90 days community service may substitute), $900-$5,000 fine, and 30-month license suspension.

Fourth Offense (Class D Felony): 1 to 6 years in prison, $900-$5,000 fine, and 4-year license suspension.

Fifth and Subsequent Offenses: A fifth or subsequent DWI is also a felony with increasingly severe penalties.

Drug-Specific DWI Rules: DWI involving drugs carries the same penalties as alcohol-related DWI with one key exception: an Interlock Restricted Driving Permit is NOT available for any drug-related DWI charge regardless of the number of prior offenses (Ark. Code Ann. § 5-65-104).

Implied Consent: Under Ark. Code Ann. § 5-65-202, any person operating a motor vehicle in Arkansas is deemed to have given consent to chemical testing. Refusal to submit results in a 180-day license suspension for a first refusal.

BAC Limits: 0.08% for standard drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21 (zero tolerance). There is no per se legal limit for drug concentration — impairment is established through officer testimony, Drug Recognition Expert evaluations, and toxicology reports.

Arkansas has enacted comprehensive naloxone access legislation to combat the opioid crisis. Under the Naloxone Access Act (Ark. Code Ann. § 20-13-1801 et seq.), pharmacists may dispense naloxone (Narcan) without an individual prescription, using a standing order or at their professional discretion.

Who Can Obtain Naloxone: Any individual who is at risk of an opioid overdose or who is in a position to assist someone at risk can obtain naloxone from a pharmacy without a prescription. Family members, friends, caregivers, and community organizations may also obtain it.

Immunity Provisions: Pharmacists, prescribers, and laypersons who dispense or administer naloxone in good faith are immune from civil liability under the Act.

Schools and Institutions: Arkansas law requires opioid overdose rescue kits containing naloxone to be available in every public high school and every state-supported institution of higher education.

2024 Expansion: A 2024 amendment to the Naloxone Access Act broadened the categories of persons who may administer naloxone. Under the updated law, anyone acting in good faith who believes a naloxone dose is required is authorized to administer it, regardless of their professional status or training.

Arkansas has developed one of the more extensive specialty court systems in the region under the Arkansas Drug Court Act (Ark. Code Ann. § 16-98-301 through § 16-98-307). The state currently operates:

• 49 Adult Drug Courts — Voluntary, 14-to-18 month, multi-phase programs for adults in the criminal justice system with underlying substance use disorders
• 16 Juvenile Drug Courts — Tailored for minors with substance abuse issues
• 14 DWI Courts — Focused on repeat DWI offenders with substance use disorders
• 16 Veterans Treatment Courts — For veterans whose criminal behavior is linked to service-related issues including substance abuse and PTSD
• 5 HOPE & Swift Courts — Using swift-and-certain sanctions for probation compliance
• 5 Alternative Sentencing Courts
• 2 Family Treatment Courts
• 2 Mental Health Courts

Adult Drug Court is an alternative to a standard term of probation or trial and involves frequent court appearances, random drug and alcohol testing, intensive community supervision and case management, and extensive substance use disorder treatment including individual and group counseling. Participants who successfully complete the program may have charges reduced or dismissed depending on the terms of their plea agreement.

Drug courts are authorized under Ark. Code Ann. § 16-98-303, which permits circuit courts to establish drug court divisions for nonviolent offenders whose criminal conduct is substantially motivated by substance use disorders. The Administrative Office of the Courts oversees the drug court system and reports outcomes to the General Assembly.

Arkansas does not impose mandatory minimum sentences for simple drug possession offenses. However, several categories of drug offenses carry mandatory or enhanced sentencing provisions:

Trafficking: Trafficking in controlled substances under Ark. Code Ann. § 5-64-440 carries Class Y felony penalties (10-40 years or life) for extremely large quantities, which effectively functions as a mandatory minimum due to the sentencing range.

Fentanyl Death by Delivery: Under Ark. Code Ann. § 5-64-421, the 'aggravated death by delivery' offense for fentanyl carries a minimum of 20 years to life as a Class Y felony.

Drug-Free Zone Enhancements: Under Ark. Code Ann. § 5-64-411, offenses committed within 1,000 feet of certain protected locations (schools, parks, community centers, public housing, drug treatment facilities) are elevated by one felony classification.

Habitual Offender Enhancements: Under Ark. Code Ann. § 5-4-501, a defendant convicted of a felony who has previously been convicted of multiple felonies may be subject to enhanced sentencing, including potential life without parole for a fourth felony conviction.

Methamphetamine Manufacturing: Manufacturing methamphetamine in the presence of a minor under 16, a pregnant woman, or a person with a disability (Ark. Code Ann. § 5-64-407) carries enhanced penalties beyond the standard manufacturing charge.

Probation Restrictions: Under Ark. Code Ann. § 5-4-301, probation is not available for Class Y felonies, which includes certain drug trafficking offenses.

Arkansas provides several pathways for diverting drug offenders from incarceration to treatment:

Drug Court Programs: The Arkansas Drug Court Act (Ark. Code Ann. § 16-98-301 et seq.) authorizes courts to divert eligible nonviolent offenders with substance use disorders into supervised treatment programs. Successful completion can result in reduced charges or dismissal. The state operates 49 adult drug courts covering most judicial circuits.

Act 346 Programs: Act 346 of 1975 (Ark. Code Ann. § 16-93-301 et seq.) allows courts to suspend sentences and place defendants on probation with conditions including substance abuse treatment. This is commonly used for first-time and nonviolent drug offenders.

Community Correction Centers: The Arkansas Department of Corrections operates community correction centers that provide residential treatment programming as an alternative to prison for lower-level felony offenders.

Prosecutor-Led Diversion: Some Arkansas judicial districts have implemented pre-charge or pre-trial diversion programs at the prosecutor's discretion, allowing offenders to complete treatment and have charges dismissed without a formal drug court proceeding.

Treatment for Drug Abuse Act: Under Ark. Code Ann. § 16-98-201 et seq., courts are authorized to order substance abuse assessments and treatment as a condition of probation or suspended sentence for any drug-related offense.

Veterans Treatment Courts: Arkansas operates 16 veterans treatment courts that address substance use disorders linked to military service, offering treatment, mentoring, and case management in lieu of incarceration.

Arkansas has enacted several significant changes to its drug laws between 2023 and 2025:

2023 — Fentanyl Enforcement and Accountability Act (Act 584): This landmark legislation created new fentanyl-specific offenses including 'death by delivery' (Class Y felony, 20 years to life) for dealers whose fentanyl causes death, 'predatory marketing of fentanyl to minors' as a standalone offense, and legalized fentanyl test strips by removing them from the definition of drug paraphernalia. The law also established the position of 'drug czar' within the Governor's office.

2023 — Criminal Justice Overhaul: Governor Sarah Huckabee Sanders signed expansive criminal justice reforms overhauling Arkansas's parole system, including changes to parole eligibility for violent offenses and increased accountability for drug dealers. Act 739 of 2023 increased penalties for knowingly exposing another person to fentanyl.

2024 — Naloxone Access Expansion: The Naloxone Access Act was amended to broaden who can administer naloxone, allowing any person acting in good faith to administer the opioid-reversal drug without requiring professional credentials or formal training.

2024 — Fentanyl Test Strips Take Effect: The legalization of fentanyl test strips under Act 584 took effect, removing their classification as drug paraphernalia (previously effective January 2024).

2024 — Issue 3 Medical Marijuana Expansion (Failed): A ballot initiative to expand Amendment 98's medical marijuana program — including allowing home cultivation of up to 7 plants, expanding qualifying practitioners, and eliminating card fees — was struck down by the Arkansas Supreme Court in October 2024 for misleading ballot language, and votes were not counted.

2025 — SB59 (Medical Cannabis Tax Revenue): Signed into law, redirecting medical cannabis tax revenue to fund free school breakfasts for students. Governor Sanders vetoed HB1889, which would have allowed drive-through dispensary windows and eased delivery regulations for medical cannabis patients.