Drug Crime Defense Lawyers
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Drug Crime Defense Made Simple
What Is a Controlled Substance
To understand drug crimes and drug laws, you must first understand what a controlled substance is.
A controlled substance is a drug that is regulated under federal and state law. Under the Arkansas Uniform Controlled Substances Act (AR Code §5-64-101 through §5-64-510), the definition of a controlled substance includes not only any drug or substance, but also includes any immediate precursor to a controlled substance. A precursor is an ingredient required to make certain drugs, like meth.
Drug Schedules: The Range of Risk
A range of these controlled substances exists, and they are broken up into categories called Schedules. On one end you have drugs with a high risk of abuse and no accepted medical use: these are in the Schedule I category, and include drugs like Meth. On the other end are drugs with accepted medical uses and low risk of abuse — Schedule V drugs (e.g. cough medicine).
There is a wide range of drugs that fall in between the two extremes, and many of them are lawful to possess if you have a valid prescription. However, if you have been caught in possession of higher-risk drugs, or of drugs that you have no prescription for, calling a Drug Crime Defense Lawyer from Ludwig Law Firm is your best path forward.
Each one of the above statutes outlines the quantity of the drug that can cause you to be charged with possession with intent to deliver. The quantity in your possession will dictate whether you are charged with a Class C, B, or A felony. For the less serious drugs, you also could be charged with a Class D felony or Class A misdemeanor.
Drug Trafficking
You can be charged with a felony under AR Code §5-64-440 for trafficking a controlled substance. You may be accused of trafficking drugs if you possess with the purpose to deliver or manufacturer a controlled substance in the following amounts:
200 grams or more of meth or cocaine
200 grams or more of a Schedule I or II substance
400 grams or more of a Schedule III substances
800 grams or more of a Schedule IV or V substance
500 pounds or more of a Schedule VI substance
This crime is a Class Y felony. If you are facing trafficking charges, contact a Little Rock drug possession lawyer immediately.
Possession of Drug Paraphernalia
Drug paraphernalia can be many things, including but not limited to, pipes, scales, and needles, and possessing such items is illegal under AR Code §5-64-443.
Whether or not something is considered paraphernalia will be determined by the circumstances surrounding the item and its possessor. The possessor’s prior convictions or statements regarding the object, proximity of the object to a drug, and the presence of drug residue on the item can make even everyday household items like spoons, balloons, or envelopes a threat to your case.
Depending on the type of paraphernalia in your possession and the drugs it is meant for, you can be charged with a Class A misdemeanor or a Class B or D felony for each individual piece of paraphernalia in your possession. Paraphernalia to be used with meth and cocaine leads to the highest charge, a Class B felony.
Arkansas Drug Penalties
The following lists the penalties for misdemeanor and felony offenses in Arkansas:
Class Y Felony: Between 10 and 40 years in prison, or life imprisonment.
Class A Felony: Between 6 and 30 years in prison and a maximum fine of $15,000.
Class B Felony: Between 5 and 20 years in prison and a maximum fine of $15,000.
Class C Felony: Between 3 and 10 years in prison and a maximum fine of $10,000.
Class D Felony: Up to 6 years in prison and fines up to $10,000.
Class A Misdemeanor: Up to 1 year in jail and a fine up to $2,500.
Class B Misdemeanor: Up to 90 days in jail and a fine up to $1,000.
Class C Misdemeanor: Up to 30 days in jail and a fine up to $500
These penalties are stipulated under the Arkansas sentencing grid, which is a guide for Arkansas prosecutors and judges when they determine jail time.
But remember – our Constitution’s Sixth Amendment guarantees the right to a lawyer and speedy trial. If you are a first-time offender, or even if you have multiple offenses under your belt – call Ludwig Law Firm’s Arkansas drug crime lawyers today!
Defense Themes That Change Outcomes
At Ludwig Law Firm, we like to think of defense themes that will position us best in the trial. These themes are the tickets that get us to our desired destination.
One theme could be improper procedure. Most successful drug defenses start with the stop (reasonable suspicion), the search (probable cause, warrant scope, consent voluntariness), and the seizure/chain of custody (what was tested and how). If a procedure wasn’t followed to the letter, we’ll file a motion to suppress that evidence.
Another theme could be meticulously scrutinizing the nature of possession. A lawyer could challenge constructive possession, which is the concept that a person has control over an object even when they do not physically have it on their person, by arguing that proximity was mistaken for control.
We might work on the theme of following proper usage of medical drugs. In our experience, PDMP records, refill histories, and medical evidence frequently matter more than the label in prescription-drug cases.
Lastly, when early mitigation helps (treatment, counseling, verified employment, negative screens), we deploy it to earn better bond, better negotiations, or a true second chance. That’s a theme that never gets old.
What to Do Now (and What Not to Do)
If you have been arrested or accused of a drug crime in Arkansas, follow these three dos/don’ts to protect yourself:
Do hire a lawyer immediately.
Do not speak to investigators without your lawyer.
Do be respectful to the police.
Do not consent to searches you do not understand.
Do save messages, photos, and videos tied to the incident, and make a private witness list while details are fresh.
Do not post any evidence on social media. Stay off Facebook until the case is closed.
Whatever you need help with, we can be your counsel. If treatment would genuinely help, we can connect you with reputable providers whose documentation judges respect. If you want to know how to look your best for your first appearance, we can help with that too.
Remember, your first appearance, bond conditions, and early motion practice often set the tone for the entire case; early action preserves options you can lose later. Call Ludwig Law Firm today!
Ready to Defend Your Future
The earlier we engage, the more we can do to win your case. Call 501-838-4043 or visit ludwiglawfirm.com to schedule a confidential consultation. If your loved one is in custody or you have court this week, tell us—we prioritize urgent matters and bond hearings.
Disclaimer
The information on this page is for general informational purposes only and is not legal advice. Viewing this page or contacting Ludwig Law Firm through it does not create an attorney–client relationship. Every case is different. For guidance tailored to your situation, please contact Ludwig Law Firm at 501-838-4043 or ludwiglawfirm.com.
Types of Arkansas Drug Charges
In Arkansas, there are five kinds of drug charges you could catch. It is important to note that the amount of the drug and the kind of drug ingested, delivered, or possessed can make or break your charge and your defense. It is vital that you speak honestly with an attorney about the details of your case, in order to produce the best possible outcome.
Ludwig Law Firm’s drug crime attorneys can defend every one of the following charges. You can trust our 43+ years of practice to secure the most favorable outcome possible.
Drug Possession Charges
Possession of certain controlled substances is illegal under AR Code §5-64-419. In the statute, the potential charges are broken down by the schedule of the drug.
Possession of a Schedule I or II Drug (Not Including Cocaine or Meth): This is a Class B, C, or D felony. The level of the felony depends on the amount of Schedule I drugs in your possession. However, cocaine and methamphetamine possession are charged and punished differently.
Possession of Cocaine: This offense is a Class B, C, or D felony depending on the amount of cocaine in your possession.
Possession of Methamphetamine: This drug crime is a Class B, C, or D felony depending on the amount of meth in your possession.
Possession of a Schedule III Drug: This can be a Class A misdemeanor or Class B, C, or D felony offense depending on the amount in your possession.
Possession of a Schedule IV or V Drug: This can be a Class A misdemeanor or Class B, C, or D felony offense depending on the amount in your possession, though the amounts differ from those for Schedule III drugs.
Possession of Marijuana: Possession of a Schedule VI drug can be a misdemeanor or felony based on the amount in your possession and your criminal history. This can be a Class A misdemeanor, or a Class A, B, C, or D felony.
Keep in mind, these charges do not have to arise because of a completely illegal drug like cocaine, heroin, or meth. You also can face prescription drug charges if you are in possession of prescription medications without a valid prescription.
Manufacturing Controlled Substances
While drug possession is one of the more common charges, you can also be charged with manufacturing, creating, or cultivating drugs. The crime of manufacturing methamphetamine or cocaine can be found under AR Code §5-64-423 (The Uniform Controlled Substances Act). Manufacturing these drugs is a felony offense, and depending on the amount, you can be charged with the most serious felony offenses—Class A or Class Y felonies.
Possession With Intent to Deliver
There are several statutes that address possession of illegal drugs for the purpose of delivering (gifting or selling) them to others:
Drug Crimes in Arkansas: What You’re Facing and How We Can Help
The outcome of a drug case can have far-reaching consequences, and American prosecutors aggressively prosecute drug offenses no matter if they are felony or misdemeanor charges. Indeed, misdemeanor drug convictions can prevent you from achieving career or educational goals. These charges can be defeated – with the right legal team behind you.
Our Arkansas drug crime lawyers practice throughout Pulaski County and across Arkansas. We understand how local judges, prosecutors, and specialty courts approach drug possession, delivery, trafficking, manufacturing, paraphernalia, and prescription-offense cases. And, when federal agencies like the DEA, FBI, ATF, or IRS get involved, we quickly shift our focus to Federal Sentencing Guidelines and look for mitigating factors in your case.
If you want to talk to an attorney now, give us a call at 501-838-4043. Otherwise, read on to understand the basics of drug crimes in Arkansas.
How Our Arkansas Drug Crime Lawyers Build Winning Cases
We Scrutinize the Arrest and Search Process
Illegal stops, searches without warrants, and faulty procedures are common — and suppressible.
We Force the State to Prove Possession
Having drugs near you isn't always enough. We challenge actual possession, knowledge, and control.
We Challenge Test Results and Lab Errors
Chain of custody issues, mislabeling, and faulty tests can all derail a prosecution. We know how to find those cracks.
We Keep Your Future in Focus
Your record, job, license, and housing could all be affected. We work to dismiss, reduce, or seal charges wherever possible.
We Don’t Let You Go Through This Alone
From arrest to resolution, you’ll always know what’s happening — and that someone is in your corner.
After a drug arrest, police and prosecutors may act like they’re just doing their job — but their real goal is conviction. Ours is to challenge every flaw in their case and fight for your freedom. Here’s how we do it:
Charges can be enhanced based on weight, location (like school zones), or priors — even when circumstances don’t warrant it.
In 2023 alone, nearly 20,000 drug-related violations were reported in the state of Arkansas, many for nonviolent offenses.
Trust our winning record
Our attorneys understand Arkansas criminal procedure and how to navigate drug crime cases.
$150+ Million
Total Recoveries Earned
43+
Years experience winning drug crime cases
Arkansas, Colorado, and Missouri
Proven record in three states
Ludwig: Law Made Simple
If you want to see different ways we can help you, take a look at our blog, Law Made Simple! Here, we break down ways to protect your rights, highlight recent clients wins, and provide commentary on the impact of current events on the legal landscape.
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