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16-90-1407. Special procedures for sealing a controlled substance possession conviction.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-90-1407. Special procedures for sealing a controlled substance possession conviction.

16-90-1407. Special procedures for sealing a controlled substance possession conviction. A person may petition the court to seal a record of a conviction for possession of a controlled substance, § 5-64-419, or counterfeit substance, § 5-64-441, upon the completion of the person's sentence if, prior to sentencing: (1) An intake officer appointed by the court, where applicable, determines that the person has a drug addiction and recommends the person as a candidate for residential drug treatment; (2) The court places the person on probation and includes as part of the terms and conditions of the probation that: (A) The person successfully complete a drug treatment program approved by the court; and (B) The person remain drug-free until successful completion of probation; and (3) The person successfully completes the terms and conditions of the probation.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1407

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:16-90-1407
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c0c08a6492f0046b6e9c548cfab9aaf777ee2dd9e2573041b6c08feb026c4bdf

Source location: content.xml paragraph 35988

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Arkansas Code — all titles (historical 2020) · legal_authorities

5-64-419. Possession of a controlled substance.

5-64-419. Possession of a controlled substance. (a) Except as provided by this chapter, it is unlawful for a person to possess a controlled substance. (b) A person who violates this section with respect to: (1) A Schedule I or Schedule II controlled substance that is methamphetamine or cocaine with an aggregate weight, including an adulterant or diluent, of: (A) Less than two grams (2g) upon conviction is guilty of a Class D felony; (B) Two grams (2g) or more but less than ten grams (10g) upon conviction is guilty of a Class C felony; or (C) Ten grams (10g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony; (2) A Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine with an aggregate weight, including an adulterant or diluent, of: (A) Less than two grams (2g) upon conviction is guilty of a Class D felony; (B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class C felony; or (C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony; (3) A Schedule III controlled substance with an aggregate weight, including an adulterant or diluent, of: (A)(i) Less than two grams (2g) upon conviction is guilty of a Class A misdemeanor. (ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c), upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(3)(A)(i) of this section; (B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class D felony; (C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty o

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-419

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-419. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-64-441. Possession of a counterfeit substance.

5-64-441. Possession of a counterfeit substance. (a) It is unlawful for any person to possess a counterfeit substance unless the counterfeit substance was obtained: (1) Directly from or pursuant to a valid prescription or an order of a practitioner while acting in the course of his or her professional practice; or (2) As otherwise authorized by this chapter. (b) Any person who violates this section with respect to: (1) A Schedule I or Schedule II controlled substance upon conviction is guilty of a Class D felony; (2) Any other controlled substance, first offense or second offense, upon conviction is guilty of a Class A misdemeanor; and (3) Any other controlled substance, third or subsequent offense, upon conviction is guilty of a Class D felony. (c) For purposes of subsection (b) of this section, an offense is considered a third or subsequent offense if, before his or her conviction for the offense, the person has been convicted two (2) or more times for an offense under subsection (b) of this section or under any equivalent penal statute of the United States or of any state.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-441

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-441. This identifies an authority to review, not proof of applicability.