Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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Federal law and state laws all prohibit the trafficking, sale, and possession of heroin. While the federal Drug Enforcement Agency (DEA) enforces drug prohibition under the U.S. Controlled Substances Act, the agency typically goes after organized crime, trafficking, and large-scale operations. State courts handle the majority of drug cases, mostly possession-related charges. A growing number of states have implemented "drug courts" as a way of providing addicts with treatment and probation in exchange for a guilty plea.
Even the simple possession of heroin and other Schedule I narcotics is charged is a felony, but non-violent offenders often have access to rehabilitation programs instead of prison. The following table lists additional details of Arkansas drug laws pertaining to heroin and other opiates. See FindLaw's Drug Charges section for more articles.
Drug abatement programs (often called "drug courts") offer non-violent drug offenders the option of entering drug rehabilitation and submitting to regular drug testing instead of serving prison time. In exchange for a more lenient sentence, the offender enters a guilty plea and serves probation. There are approximately 39 drug court programs throughout Arkansas; contact the Arkansas State Drug Court Coordinator at 1-800-950-8221 for more details.
| Code Section | 5-64-101, et seq. |
| Possession | Less than 2 grams: Class D felony; 2-28 grams: Class C felony; 28-100 grams: Class B felony (more than 100 grams is automatically considered intent to deliver) |
| Sale (Possession with Intent to Deliver) | Less than 2 grams: Class C felony; 2-28 grams: Class B felony; 28-100 grams: Class A felony; more than 100 grams: Class Y felony; Subsequent offense: double penalties; increased penalties within 1000 ft. of school, city or state park, school bus stop, skating rink, community center, recreation center, public housing project, drug treatment center, day care center, place of worship, or shelter. |
| Trafficking | Rebuttable presumption of intent to deliver if person has 100 grams or more |
| Drug Court Available? | Yes |
Note: State laws are not carved in stone and may change without notice, usually through the enactment of new legislation or decisions by higher courts. You may want to contact an Arkansas drug crimes attorney or conduct your own legal research to verify the state law(s) you are researching.
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