Little Rock Heroin Possession Lawyer
Heroin Charges Require a Strong Defense
According to research by the Centers for Disease Control and Prevention, heroin is a very minor contributor to overdose deaths in the United States, and historical State assessments have reported heroin as a “low threat” to Arkansas. Still, Mexican black tar and brown powdered heroin remain actively used dangerous drugs in the State, and people are often charged with possession of this highly addictive opioid.
If heroin possession seems like a minor offense, think again — in Arkansas, even 2 grams is a felony charge that can lead to $10k in fines and up to 6 years in jail.
We can’t guarantee any specific result on a cocaine possession case, but we can promise you this – our attorneys Kale, Harry, Kyle, and Weston will fight like hell to keep you out of jail and get you plugged into a rehab facility as soon as possible. At Ludwig Law Firm, We Simply Win drug possession defense.
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How Much Heroin is a Felony in Arkansas?
In Arkansas, possession of any amount of heroin– even as low as 1 gram – would be classified as a Class D felony, which could result in up to a $10,000 fine and 6 years in jail (Arkansas Code § 5-64-419(b)(1)(A)). With more weight comes higher charges – Class C felony for 2 g to less than 10 grams, and Class B felony from 10 grams to less than 200 grams (Arkansas Code § 5-64-419(b)(1)(C); Arkansas Code § 5-64-419(b)(1)(B)).
Heroin Possession Minimum Jail Time
In Arkansas, the jail time and fines you face for heroin possession depends on the amount they’re saying you possessed. Take a look at this table to find your charge and what you are facing:
| Offense | Amount / Circumstances | Charge Classification | Potential Jail or Prison Time | Maximum Fine |
|---|---|---|---|---|
| Heroin Possession | 10 Grams to Less Than 200 Grams | Class B Felony | 5–20 Years | $15,000 |
| Heroin Possession | 2 Grams to Less Than 10 Grams | Class C Felony | 3–10 Years | $10,000 |
| Heroin Possession | Less Than 2 Grams | Class D Felony | Up to 6 Years | $10,000 |
| Heroin Manufacturing Paraphernalia | Possession or Use for Manufacturing or Processing Heroin; No Drug Weight Threshold | Class B Felony | 5–20 Years | $15,000 |
| Heroin Paraphernalia With Prior Drug Conviction | Paraphernalia for Ingestion, Storage, Concealment, or Weighing; Qualifying Prior Drug Conviction | Class D Felony | Up to 6 Years | $10,000 |
| General Drug Paraphernalia Possession | Possession or Use for Ingestion, Storage, Concealment, or Weighing; No Drug Weight Threshold | Class A Misdemeanor | Up to 1 Year | $2,500 |
Arkansas Statutory References: Cocaine possession: Ark. Code Ann. § 5-64-419(b)(1)(A)–(C) . Drug paraphernalia: Ark. Code Ann. § 5-64-443(a)(1), (a)(2), and (b)(2) . Felony and misdemeanor fines: Ark. Code Ann. § 5-4-201 . General imprisonment ranges: Ark. Code Ann. § 5-4-401 .
Important: These are general statutory sentencing ranges and standard maximum fines. Actual penalties depend on the facts of the case, criminal history, applicable sentencing enhancements, and other provisions of Arkansas law. Additional court costs and fees may apply. In certain cases, Arkansas law permits fines exceeding the standard class-based maximum.
Heroin Possession Enhancements
If you are found with 200 grams or more of heroin, you can be charged with a Class Y felony trafficking charge (Arkansas Code § 5-64-440(b)(1)) which can put you in jail for 10-40 years and result in a fine subject to the court. Evidence showing sales, distribution, or packages can show an intent to deliver, which starts at a Class C Felony with less than 2 grams (Arkansas Code § 5-64-420(b)(1)).
And if drug paraphernalia is found, you could be facing an additional Class A misdemeanor or Class D felony charge (Arkansas Code § 5-64-443(a)(2); Arkansas Code § 5-64-443(a)(1)).
How Can They Prove I Possessed It?
The prosecution must prove more than the presence of heroin somewhere nearby. The State must establish that the substance was heroin 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 heroin 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 meth doesn’t mean you had possession of that heroin (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.
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Is Heroin Paraphernalia a Felony in Arkansas?
If you had a prior charge and if any amount of heroin residue is found on drug paraphernalia, like a scale, envelope, or foil boat, you’re looking at a Class D felony charge as well (Arkansas Code § 5-64-443(a)(2)). However, if you catch a first offense paraphernalia charge for heroin, you will face a Class A misdemeanor (Arkansas Code § 5-64-443(a)(1)).
What Does Heroin Have in Common With Cocaine and Meth in Arkansas?
Cocaine, methamphetamine, and heroin are all highly addictive drugs that fall within schedules I and II in Arkansas, and they have historically taken up the greatest portion of federal drug arrests nationwide. Arkansas has also grouped these three drugs together in the same criminal statute – if you possess the same weight of cocaine, meth, or heroin, you will receive the same classification: less than two grams is a Class D felony, two to less than ten grams is a Class C felony, and ten to less than 200 grams is a Class B felony (Arkansas Code § 5-64-419(b)(1)). They also all have the same sentencing and fine ranges.
Fentanyl — An Offense Set Apart
Fentanyl, on the other hand, is a highly powerful opioid that is often mixed with heroin, cocaine, or meth. If fentanyl is detected in meth, that meth possession charge immediately becomes a fentanyl possession charge. Fentanyl has its own statute, and possession of any amount less than 1 gram is a Class C felony (Arkansas Code § 5-64-421(a)(2)). Any amount of fentanyl over 1 gram is charged as trafficking, which is an unclassified felony that imposes 25-60 years of jail and a $1,000,000 fine (Arkansas Code § 5-64-440(b)(2); Arkansas Code § 5-64-440(c)(2)).
Is Probation an Option for a Heroin Felony in Arkansas?
In Arkansas, probation is generally available for felony drug charges except for a Class Y felony (e.g. possession of fentanyl). However, probation is never guaranteed, and the judge will decide to grant it to you based on factors like criminal history, likelihood of recurrence, if serious harm was threatened, likelihood that you would respond well to supervision, and excessive hardship incarceration would impose on you. You need a Little Rock drug possession lawyer who knows how to bring those factors to light before the judge and prosecutor.
There are offenses for which probation is never available in Arkansas. They include capital murder, treason, capital rape, and other charges that require 100% of the sentence be served (Arkansas Code § 5-4-301(a)(1)(A-I); Arkansas Code § 16-93-1802(1)(A)).
Possible outcomes or programs for your Little Rock cocaine possession can include:
- Negotiated probation;
- A suspended imposition of sentence (Arkansas Code § 16-90-115)
- First-offender treatment under Act 346 when the person and offense are eligible (Arkansas Code § 16-93-303(a)(1)(A)(i)).
- Adult drug court when the local program accepts the person (Arkansas Code § 16-98-303(a)(1)).
- Substance-use evaluation and treatment (Arkansas Code § 16-98-303(b)(2)(A)(iv)); or
- A reduction or dismissal when the evidence does not support the original charge.
Act 346
Under the First-offender act (Act 346), a person who has not previously been convicted of a felony can sometimes enter a guilty or no-contest plea before adjudication, receive probation for at least one year, and obtain dismissal and sealing after successful completion.
Drug Court
Arkansas adult drug court is a voluntary, treatment-focused program for qualifying adults whose criminal involvement is connected to an unmanaged substance-use disorder. Admission standards and program availability vary by judicial district.
Dismissal
Probation is not the only goal. If the State cannot prove lawful seizure, knowing possession, identity of the substance, reliable weight, or chain of custody, the defense can seek suppression, reduction, acquittal, or dismissal.
Defenses to Heroin 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 cocaine 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 meth 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.
Incorrect Weight or Classification
Weight can determine whether the State files a misdemeanor or felony. The defense can examine the scale, calibration, packaging, moisture, 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.
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 heroin 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 HEROIN 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 meth 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 Possession of Heroin a Felony in Arkansas?
In Arkansas, possession of any amount of meth – even as low as 1 gram – would be classified as a Class D felony, which could result in up to a $10,000 fine and 6 years in jail (Arkansas Code § 5-64-419(b)(1)(A)). With more weight comes higher charges – Class C felony for 2 g to less than 10 grams, and Class B felony from 10 grams to less than 200 grams (Arkansas Code § 5-64-419(b)(1)(C); Arkansas Code § 5-64-419(b)(1)(B)).
What Is The Minimum Sentence for First-Time Offense Possession of a Controlled Substance in Arkansas?
Even for heroin possession, minimum sentencing for a first-time offense is 0 days. Arkansas law only give max jail time for felonies in Arkansas, and there are several jail-time alternatives available, including probation, drug court, and Act 346.
What Are The Legal Consequences of Possessing Drug Paraphernalia in Arkansas?
Possessing paraphernalia for personal use — like injecting or ingesting — is a class A misdemeanor, and can result in one year of jail time and fines of up to $2,500. Operating an illegal drug paraphernalia business is also a Class A misdemeanor (Arkansas Code § 5-64-443(a)(1); Arkansas Code § 5-64-802(a)(1)). Possession of any paraphernalia items used to manufacture any controlled substance, possession of paraphernalia for personal use of harder drugs like cocaine/heroin/meth/fentanyl, paraphernalia charges that occur after prior drug crime convictions, and operating an illegal drug paraphernalia business (second offense) are charged as Class D felonies which can result in 6 years in jail and $10,000 in fines (Arkansas Code § 5-64-443(b)(1); Arkansas Code § 5-64-443(a)(2); Arkansas Code § 5-64-802(a)(2)). Advertising drug paraphernalia or a third offense operation of an illegal paraphernalia business results in a Class C felony that brings 3 - 10 years in jail as well as $10,000 in fines (Arkansas Code § 5-64-802(a)(3); Arkansas Code § 5-64-445). Possession of paraphernalia for manufacturing meth/heroin/fentanyl/cocaine and delivery of drug paraphernalia to a minor are Class B felonies (Arkansas Code § 5-64-443(b)(2); Arkansas Code § 5-64-444(a)).
How Much of Your Sentence Do You Have to Serve for a Drug Crime in Arkansas?
In general, most possession and paraphernalia offenses under the Arkansas Uniform Controlled Substances Act require 25% of the sentence to be served. The more serious charges like manufacturing and delivery require that 50% of the sentence be served, while trafficking of any controlled substance and most fentanyl charges require 85% of the sentence to be served.
Can a First Heroin Charge Receive Act 346?
Possibly. A person without a prior felony conviction can be eligible, but Act 346 is discretionary and must be addressed before adjudication. Other charges, criminal history, and local practice can affect availability.
What Is Considered A Minor Drug Offense?
Arkansas treats drug crimes very seriously, with 90% of the offenses being felonies. The lowest drug charge you can get is a Class A misdemeanor, and there are only 9 of these “minor” drug charges (which still can mean jail time and thousands in fines): Delivery of Marijuana or Other Schedule VI Drugs: Delivering 14 grams or less. Arkansas Code § 5-64-438(b)(1)(A) Manufacturing Marijuana or Other Schedule VI Drugs: Manufacturing 14 grams or less. Arkansas Code § 5-64-439(b)(1) Possession With Intent to Deliver Marijuana: Possessing 14 grams or less with the intent to deliver. Arkansas Code § 5-64-436(b)(1) Possession of Drug Paraphernalia: Possessing paraphernalia intended for ingesting, storing, concealing, or weighing controlled substances. Arkansas Code § 5-64-443(a)(1) Delivery of Drug Paraphernalia to a Minor: Qualifying delivery by someone at least 18 years old to a minor at least three years younger, when the act is not in furtherance of a felony drug offense. Arkansas Code § 5-64-444(b) Operating an Illegal Drug Paraphernalia Business: A first offense involving the operation or management of an illegal paraphernalia business. Arkansas Code § 5-64-802(a)(1) Possession of Schedule III Controlled Substances: Less than 2 grams, without the qualifying prior convictions that elevate the charge. Arkansas Code § 5-64-419(b)(3)(A)(i) Possession of Schedule IV or V Controlled Substances: Less than 28 grams, without the qualifying prior convictions that elevate the charge. Arkansas Code § 5-64-419(b)(4)(A)(i) Possession of Marijuana or Other Schedule VI Controlled Substances: Less than 4 ounces, without an applicable repeat-offender enhancement. Arkansas Code § 5-64-419(b)(5)(A)
How Much Cocaine is a Felony in Arkansas?
In Arkansas, possession of any amount of meth – even as low as 1 gram – would be classified as a Class D felony, which could result in up to a $10,000 fine and 6 years in jail (Arkansas Code § 5-64-419(b)(1)(A)). With more weight comes higher charges – Class C felony for 2 g to less than 10 grams, and Class B felony from 10 grams to less than 200 grams (Arkansas Code § 5-64-419(b)(1)(C); Arkansas Code § 5-64-419(b)(1)(B)).
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.
