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5-64-408. Subsequent convictions — Enhanced penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-408. Subsequent convictions — Enhanced penalties.
(a) Unless otherwise provided in this chapter, a person convicted of a second or subsequent offense under this chapter shall be imprisoned for a term up to two (2) times the term otherwise authorized, fined an amount up to two (2) times the fine otherwise authorized, or both.
(b) For purposes of this section, an offense is considered a second or subsequent offense if, before his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to a narcotic drug, marijuana, depressant, stimulant, or a hallucinogenic drug.
(c) This section does not apply to an offense under § 5-64-419 or § 5-64-441.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-408
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:5-64-408
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3f6c1b2d310d0d5b63b5a74bfc7fccd5385ca22d27d7eec4562a67b5e59ab876
Source location: content.xml paragraph 23325
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5-64-408. Subsequent convictions — Enhanced penalties.
(a) Unless otherwise provided in this chapter, a person convicted of a second or subsequent offense under this chapter shall be imprisoned for a term up to two (2) times the term otherwise authorized, fined an amount up to two (2) times the fine otherwise authorized, or both.
(b) For purposes of this section, an offense is considered a second or subsequent offense if, before his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to a narcotic drug, marijuana, depressant, stimulant, or a hallucinogenic drug.
(c) This section does not apply to an offense under § 5-64-419 or § 5-64-441.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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.
(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.