Little Rock Marijuana Possession Lawyer
We Simply Win Marijuana Possession Cases in Little Rock and Pulaski County
As of 2026, 24 states and Washington D.C. have legalized adult recreational marijuana use for adults 21 and older. Arkansas is not one of those states, and if you are pulled over with any amount of non-medical marijuana in your car – even if you haven’t used it – you will be charged with possession and face a misdemeanor charge on your first offense. If you are tested for PHP in your system, you could also be charged with a DWI Drugs charge, which brings restrictions on your driver’s license and other time-intensive penalties (Arkansas Code § 5-65-102(4)).
A marijuana possession arrest can affect your freedom, employment, education, housing, professional license, and reputation. The consequences depend on the alleged weight, your prior possession record, where officers found the substance, and whether the State claims the marijuana was intended for delivery. For an overview of cases involving other controlled substances, visit our Little Rock Drug Possession Lawyer page.
You do not have to accept the police officer’s account as the final word. At Ludwig Law Firm, We Simply Win marijuana possession cases at trial. Call 501-868-7500 to speak with a Little Rock drug possession lawyer about your case.
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Is Marijuana Possession Legal in Arkansas?
While the Arkansas Constitution allows for possession of 2.5 ounces or less of medical marijuana, Arkansas Code § 5-64-419 makes it illegal to possess marijuana used for recreational use. Marijuana is classified as a Schedule VI controlled substance and penalized accordingly under Arkansas law.
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How Can They Prove I Possessed It?
The prosecution must prove more than the presence of marijuana somewhere nearby. The State must establish that the substance was marijuana and that you knowingly possessed it through actual possession or constructive possession.
Actual Possession
Actual possession typically means the substance was found on your person or in something you were carrying. Examples include drugs allegedly found in a pocket, wallet, purse, or backpack. Even then, the defense can question whether the search was lawful, whether the item belonged to you, whether you knew the substance was present, and whether the State can prove what the substance was.
Constructive Possession
Constructive possession is an old legal concept that says you are in possession of something through knowledge of it and the ability to control it. We often see this when marijuana is found somewhere you allegedly controlled, such as a vehicle, bedroom, apartment, hotel room, or shared container.
However, Arkansas case law has made clear that joint occupancy in a place where contraband is found is not enough to prove constructive possession, meaning that just because you live in the same place as someone who has weed doesn’t mean you had possession of that weed (Franklin v. State of Arkansas (1998)).
The defense can examine ownership, access, proximity, personal belongings, statements, fingerprints, DNA, surveillance footage, and the conduct of everyone at the scene. When several people occupied a vehicle or residence, the State still must prove why the drugs should legally be attributed to you.
Medical Marijuana and Criminal Charges
Under Amendment 98 of the Arkansas Constitution, Arkansas allows qualifying patients and designated caregivers to possess medical marijuana IF they are in actual control of their registry identification card. The possession amount also must be less than or equal to 2.5 ounces (Arkansas Constitution of 1874 Amendment 98, § 3(a)).
These patients must obtain marijuana from licensed Arkansas dispensaries and retain it in dispensary packaging to receive the program’s protection (Arkansas Constitution of 1874 Amendment 98, § 3(l)(2)(A)).
A valid Arkansas medical-marijuana card can be important evidence, but the card is not a blanket exception to every marijuana law.
The defense should determine:
- Whether your registry identification card was valid on the date of the incident;
- Whether the marijuana belonged to the qualifying patient or designated caregiver;
- Whether the alleged amount and form fell within the applicable authorization;
- Whether the marijuana came from an authorized source;
- Whether police accurately documented and weighed the substance;
- Whether the State is alleging use or possession in a prohibited setting; and
- Whether the police are trying to characterize lawful possession as delivery or another offense.
Having a medical marijuana card also does not automatically defeat every charge. Preserve your card and call an attorney if you get charged.
Arkansas Marijuana Possession Classifications
Arkansas bases a marijuana possession classification primarily on aggregate weight, including adulterants or diluents. Prior possession convictions can also change the classification in a qualifying case.
| Alleged Amount or Circumstance | Starting Classification | Primary Statute | Prison Time |
|---|---|---|---|
| Less than 4 ounces | Class A misdemeanor | Ark. Code Ann. § 5-64-419(b)(5)(A) | Up to 1 year |
| 1 ounce to less than 4 ounces with four qualifying prior possession convictions | Class D felony | Ark. Code Ann. § 5-64-419(b)(5)(B) | Up to 6 years |
| 4 ounces to less than 10 pounds | Class D felony | Ark. Code Ann. § 5-64-419(b)(5)(C) | Up to 6 years |
| 10 pounds to less than 25 pounds | Class C felony | Ark. Code Ann. § 5-64-419(b)(5)(D) | 3–10 years |
| 25 pounds to less than 100 pounds | Class B felony | Ark. Code Ann. § 5-64-419(b)(5)(E) | 5–20 years |
| 100 pounds to less than 500 pounds | Class A felony | Ark. Code Ann. § 5-64-419(b)(5)(F) | 6–30 years |
Is Possession of Marijuana a Misdemeanor?
Possession of less than four ounces begins as a Class A misdemeanor when no statutory repeat-offense enhancement applies. Just because it is a misdemeanor does not make the charge harmless. A Class A misdemeanor can expose you to up to one year of jail, a fine of up to $2500, court costs, probation conditions, drug testing, drug court or treatment programs, and a criminal record (Arkansas Code § 5-4-401(b)(1); Arkansas Code § 5-4-201(b)(1); Arkansas Code § 5-4-303; Arkansas Code § 16-93-101(15)(A); Arkansas Code § 16-98-303(a)(1)).
The State may also file related charges based on the surrounding allegations. A grinder, pipe, scale, bag, or other object can lead to a separate drug paraphernalia charge, which starts as a Class A misdemeanor (Arkansas Code § 5-64-443(a)(1)).
Police may also allege possession with purpose to deliver when they claim packaging, money, messages, quantity, or other circumstances show an intent to distribute marijuana.
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When Does Marijuana Possession Become a Felony?
A marijuana possession charge can become a felony because of the alleged weight or a qualifying repeat-offense provision. Under Arkansas Code § 5-64-419(b)(5), possession of four ounces or more is a Class D Felony. Possession of one ounce to less than four ounces can also become a Class D felony when the State proves four qualifying prior possession convictions (Arkansas Code§ 5-64-419(b)(5)(B)).
The State must prove the weight and any prior convictions used to enhance the charge. Your lawyer can examine whether the laboratory used aggregate weight, whether packaging was improperly included, whether the sample was representative, and whether each alleged prior conviction legally qualifies.
Police may also allege possession with purpose to deliver when they claim packaging, money, messages, quantity, or other circumstances show an intent to distribute marijuana.
Marijuana Possession Versus Possession With Purpose to Deliver
Simple possession focuses on whether you knowingly possessed marijuana. Possession with purpose to deliver adds an allegation about what you intended to do with it (Arkansas Code § 5-64-436(a)).
Police and prosecutors may point to separate packaging, scales, cash, communications, firearms, or quantity as circumstantial evidence of delivery intent. On the surface, those items might seem incriminating. But at Ludwig Law Firm, our attorneys dig deeper to find the truth and protect your rights.
A scale may have an innocent use; cash may have a documented source; messages may be presented out of context; another occupant of a home may own the items.
The defense should determine whether the State has actual evidence of a sale or is asking the court to infer intent from ordinary or ambiguous circumstances.
Police may also allege possession with purpose to deliver when they claim packaging, money, messages, quantity, or other circumstances show an intent to distribute marijuana.
Defenses to Marijuana Possession Charges
No single defense applies to every possession case. The available strategy depends on where officers found the substance, why they searched, who controlled the location, and what the laboratory evidence shows.
Unlawful Stop or Detention
Police need a lawful basis to stop a vehicle or detain a person. A minor traffic stop cannot be extended indefinitely while an officer searches for unrelated evidence. Video, dispatch records, citations, and the officer’s timeline can reveal whether the detention remained lawful.
Unlawful Search
A warrantless search must fit a recognized exception to the warrant requirement. Consent must be voluntary, and officers cannot exceed the lawful scope of the consent or exception. If police obtained the marijuana through an unconstitutional search, the defense can ask the court to suppress it.
Lack of Knowing Possession
You may not have known that another person left marijuana in a shared car, room, bag, or container. The State must connect you to the substance rather than relying only on your proximity to it.
Lawful Medical Possession
A qualifying patient or designated caregiver may have lawful authority to possess medical marijuana within Arkansas’s program. Registry information, dispensary records, packaging, product labels, and the circumstances of possession can become important evidence.
Incorrect Weight or Classification
Weight can determine whether the State files a misdemeanor or felony. The defense can examine the scale, calibration, packaging, moisture, plant material, sample, laboratory report, and aggregate-weight calculation.
Laboratory and Chain-of-Custody Problems
The State must prove that the substance tested by the laboratory is the same evidence police allegedly seized. Missing documentation, inconsistent labels, broken seals, contamination, unexplained transfers, or inadequate testing can create admissibility and reliability issues.
What Happens After a Marijuana Arrest in Little Rock?
A marijuana case in Little Rock may begin with an investigation by the Little Rock Police Department, Pulaski County Sheriff’s Office, Arkansas State Police, or another agency. Depending on the charge, the case can proceed in Little Rock District Court, a Pulaski County district court, or Pulaski County Circuit Court.
The process can include booking, bond, a first appearance, arraignment, discovery, pretrial motions, negotiation, and trial. A felony allegation can begin with district-court proceedings before the prosecution moves the case to circuit court.
Early legal representation helps preserve body-camera footage, vehicle video, witness information, dispensary records, photographs, receipts, and other evidence. It also gives your attorney time to investigate the search and file any appropriate suppression motion before you make decisions about the charge.
Consequences Beyond Jail and Fines
Permanent criminal record
Probation and drug testing
Substance-abuse assessment, education, or treatment
College, scholarship, and financial-aid concerns
Professional-licensing consequences
Immigration consequences for noncitizens
Why Hire Ludwig? Because We're Trial Lawyers.
Trial preparation for a marijuana possession offense in Little Rock, Arkansas starts long before the trial date. Our defense attorneys identify the elements the prosecutor must prove, prepare exhibits, study the officer’s prior statements, evaluate expert testimony, and prepare you for the stand.
Our Little Rock office represents clients in Pulaski County and throughout Arkansas. You receive direct advice about what happens next, what the State must prove, and what steps can protect your case now. Our attorneys, Kale Ludwig, Kyle Ludwig, Harry Warden, and Weston Sizemore are ready to fight for you and Simply Win. We also partner with Warden Law Firm under Ludwig Warden PLC.
LITTLE ROCK MARIJUANA POSSESSION LAWYER
Frequently Asked Questions
Gene Ludwig founded Ludwig Law Firm in 1982, starting out as a personal injury trial lawyer. Today, our attorneys use that full-scale trial mindset to win marijuana possession and criminal defense cases in Little Rock, central Arkansas, and Northwest Arkansas.
Our attorneys have furnished this FAQ section just for you. If your answer wasn’t answered here, feel free to call us or submit a form with your question.
At Ludwig Law Firm, We Simply Win Arkansas drug possession and drug crime defense. Call our office today for your free consultation.
Is Recreational Marijuana Legal in Arkansas?
No. The Arkansas Constitution allows for use of marijuana for medical purposes, but it has not legalized general recreational possession. Possession outside lawful medical authorization can result in criminal charges.
Is Possession of Less Than Four Ounces a Felony?
Typically, possession of less than four ounces is a Class A misdemeanor. However, possession of one ounce to less than four ounces becomes a Class D felony when the State proves four qualifying prior possession convictions (Arkansas Code § 5-64-419(b)(5)(B)).
Can You Be Charged If Marijuana Was Found in Someone Else’s Car?
Yes, but the State still must prove that you knowingly possessed the marijuana. When several people had access to the vehicle, the defense can challenge whether you knew about or controlled the substance.
Does a Medical-Marijuana Card Prevent an Arrest?
Not always. Police may dispute a variety of factors, like the validity of the card, ownership, and source. Additionally, the legal amount of medical marijuana one may possess is less than or equal to 2.5 oz. The card and related records can still be critical evidence for the defense.
Can a Marijuana Possession Charge Be Dismissed?
Yes. A case may be dismissed when the search was unlawful, the State cannot prove knowing possession, evidence is suppressed, medical authorization applies, the laboratory evidence is insufficient, or another legal or factual problem prevents proof beyond a reasonable doubt. No attorney can guarantee dismissal.
Should You Explain to Police That the Marijuana Was Not Yours?
You should avoid trying to talk your way out of the charge without legal advice. Statements about who owned the marijuana, where it came from, or who controlled the vehicle or room can become evidence. You can remain silent and ask for an attorney.
Your Choice of Representation Matters
A drug possession offense moves quickly in Little Rock. You must post bond and get court dates scheduled as soon as possible.
If you or a loved one faces a drug charge, call Ludwig Law Firm at 501-868-7500. We Simply Win reflects our commitment to preparation and advocacy, but no law firm can guarantee a particular outcome.
