Arkansas Laws for Heroin, Fentanyl, and Other Opioids

In the existing opioid crisis, Arkansas has taken measures to fight against opioid-related deaths and incidents. From legislative actions to the availability of treatment for drug overdose, the state is addressing the issue.

This article looks at Arkansas' laws related to heroin, fentanyl, and other opioids. It details the measures that the state takes to address these challenges and the penalties that the laws provide to deter people from illegal drug possession and drug trafficking.

Opioid Crisis in Arkansas

In 2020 alone, Arkansas witnessed a concerning increase in opioid-related deaths. 547 fatalities were caused by drug overdoses. This number marks a significant rise from the previous years.

The state of Arkansas is fighting against an opioid crisis, marked by the state's launch of the Arkansas Opioid Response Dashboard in 2020. The Opioid Response Dashboard is a collaborative effort by law enforcement and state officials. It aims to provide comprehensive data on opioid deaths, overdoses, and arrests.

This tool is crucial in helping the state direct resources effectively. It also informs the public about the scope and specifics of the opioid epidemic.

Arkansas also implemented various lifesaving measures. This includes the passage of Act 651 in 2021. This act requires physicians to prescribe naloxone together with opioid prescription drugs. Naloxone is known as a drug that reverses opioid overdose. The act was a success as first responders in the state saved over 1,000 lives in 2021 alone using naloxone.

These initiatives by the state reflect its comprehensive approach to fight against the opioid epidemic through preventive measures as well as through emergency response.

Understanding Arkansas’ Drug Schedules

Arkansas state law categorizes controlled substances into six categories called schedules. These schedules range from Schedule I to VI. These drugs are classified based on their potential for drug abuse and the danger they pose to the public.

For instance, Schedule I substances are those with a high potential for drug abuse, and there is no accepted medical use. Schedule II, on the other hand, has an accepted medical use, but its abuse could lead to severe physical or psychological dependence.

The penalties and legal consequences for unlawful possession or sale of these controlled substances often depend on what schedule the controlled substance falls in. That is why it is crucial to learn and understand these classifications.

Arkansas’ Drug Classifications

Arkansas law categorizes controlled substances into six categories, which are then assigned to the Secretary of the Department of Health.

Schedule I:

• Mephedrone (4-Methylmethcathinone)
• MDPV (Methylenedioxypyrovalerone)
• Methylone (3,4-Methylenedioxy-N-methylcathinone)
• 4-Methoxymethcathinone
• 3-Fluoromethcathinone
• 4-Fluoromethcathinone
• Synthetic compounds derived from 2-Amino-1-phenyl-1-propanone

Schedule II:

• Fentanyl
• Oxycodone
• Methamphetamine
• Cocaine
• Adderall (Amphetamine)
• Pentobarbital
• Amobarbital

Schedule III:

• Didrex (Benzphetamine)
• Glutethimide
• Ketamine
• Anabolic steroids

Schedule IV:

• Diazepam (Valium)
• Lorazepam (Ativan)
• Xanax
• Tramadol

Schedule V:

• Ephedrine combination product
• Pseudoephedrine
• Phenylpropanolamine
• Medicinal products containing small amounts of codeine or other narcotics mixed with nonnarcotic active ingredients

Schedule VI:

• Marijuana
• Tetrahydrocannabinol
• Salvia divinorum
• Synthetic cannabinoids

Penalties for Possession of Controlled Substances in Arkansas

Arkansas law contains provisions related to the penalties for possession of controlled substances in Arkansas. The following table summarizes these penalties:

Penalties for the Sale of Controlled Substances in Arkansas

The Arkansas Uniform Controlled Substances Act uses the terms “delivery of controlled substances” and “possession of controlled substances with intent to deliver” to define the sale of illegal drugs.

Delivery is the act of transferring or attempting to transfer the controlled substance from one individual to another in exchange for money or anything of value. Note that the person does not need to complete the delivery to constitute a sale.

Possession with intent to deliver occurs when a person has controlled substances with intent to sell or distribute. Other evidence should support this criminal charge. These pieces of evidence should show that the person intends to sell the drugs instead of having them for personal use.

Note that the state law provides enhanced penalties if the offense was committed with or in the presence of a minor, an elderly person, or an incompetent person. It also applies if the crime was committed near certain facilities such as schools or parks. Speaking with a drug crimes attorney can help clarify the severity of any penalties.

Arkansas Drug Court

The state of Arkansas established an Adult Drug Court. This court is a voluntary 14- to 18-month multi-stage rehabilitation program. It aims to address adults entangled with the criminal justice system due to substance use and disorders who have a high risk of recidivism.

The program uses treatment methodologies and strategies to support the person's recovery. This includes regular court visits, random drug or alcohol testing, community monitoring, and more. The Adult Drug Court plays a vital role in connecting individuals to local networks and resources to help improve their quality of life.

Seek Legal Advice From a Criminal Defense Attorney

If you or someone you know is facing charges for drug-related crimes, seeking legal advice from a drug crimes attorney is a good idea. These legal professionals can help you navigate the complexities of drug laws.

An Arkansas criminal defense attorney specializing in drug crimes can represent you in court for any drug charges you face. They can also help you interpret the drug schedules, the possible penalties, and the prison time that comes with it.

Related Resources

• Arkansas Law
• Arkansas Cocaine Laws
• Drug Trafficking and Drug Distribution
• Drug Possession Penalties and Sentencing
• The Controlled Substances Act: Overview