What Are the Four Types of Crimes Related to Drug Use in Arkansas?
Learn the four categories of drug-related crimes in Arkansas—possession, distribution, manufacturing, and trafficking—and what they mean for your case.
DRUG CRIMES
Drug charges in Arkansas don’t all mean the same thing. The law recognizes four main categories of drug-related offenses, and each comes with different penalties, levels of severity, and legal strategies.
If you or someone you care about is facing a drug charge, understanding which type it falls under is the first step to building a strong defense.
At Ludwig Law Firm, we break down Arkansas drug laws into clear terms and help our clients fight back.
As always - if you have a legal question you want answered in a future blog, submit it via the form on this page. Now, let's dive in!
1. Drug Possession
This is the most common type of drug charge. Possession means you had illegal drugs on your person, in your car, or in your home.
Arkansas law breaks possession into two types:
Actual possession (the drugs were physically on you)
Constructive possession (the drugs were in your area of control, like the glovebox)
Penalties depend on:
What drug it is (see our blog on Arkansas drug schedules)
How much you had
Your criminal history
Possession of meth, heroin, or fentanyl—even in small amounts—can lead to a Class D felony. In contrast, possession of under 4 oz of marijuana may be charged as a misdemeanor, especially if it’s a first offense.
2. Drug Distribution or Delivery
Distribution means selling, giving, or transporting drugs to another person—even if no money was exchanged.
Arkansas law doesn’t require you to be caught in the act. Text messages, packaging, scales, or large quantities can all be used as evidence of intent to deliver.
Distribution charges are typically:
Class B or C felonies
Punishable by 5 to 20 years in prison
Ineligible for probation in many cases
This is where many of our clients benefit from charge reduction strategies—especially when we can show the drugs were for personal use.
3. Drug Manufacturing
Manufacturing refers to producing illegal drugs or altering substances to create a controlled drug.
Common manufacturing activities include:
Running a meth lab
Pressing counterfeit pills
Creating concentrates or extracts from marijuana
Mixing chemicals in illegal ways
Manufacturing charges are extremely serious in Arkansas and are often prosecuted as Class Y felonies, which carry 10 to 40 years, or even life in prison.
4. Drug Trafficking
Trafficking is based mostly on weight and volume. You don’t need to be caught crossing state lines or selling to qualify.
If you're found with more than:
200 grams of meth
100 grams of cocaine
28 grams of heroin
500 pills of fentanyl
...you can be charged with drug trafficking, regardless of whether you intended to sell.
This charge carries mandatory minimums, meaning the judge must sentence you to prison if you're convicted—no probation, no drug court.
Every Drug Crime Is Defensible
You may have been overcharged. You may have had your rights violated. Or the police may have used an illegal search to find the drugs.
At Ludwig Law Firm, we prepare every drug case as if it’s going to trial. And when a case calls for stronger courtroom firepower, we often partner with firms like Warden Law Firm. When a client needs both finesse and firepower, a Ludwig and Warden partnership is the best option.
You Don’t Have Time to Wait
Juvenile detention is traumatic. Your child needs a defense team that responds fast and fights for better outcomes. Call 501-838-4043 or visit ludwiglawfirm.com for immediate help.
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Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.
Frequently Asked Questions
Q: What if I didn’t know the drugs were there?
A: We can often raise a “lack of knowledge” or “lack of possession” defense—especially in constructive possession cases.
Q: Can you be charged with trafficking if you didn’t sell anything?
A: Yes. The weight alone can trigger a trafficking charge under Arkansas law.
Q: Is it better to be charged with possession than distribution?
A: Yes. Possession often carries lower sentences and more alternatives like drug court or probation.