GENERAL PRACTICE LAW FIRM
Shopping Cart
Your Cart is Empty
Quantity:
Subtotal
Taxes
Shipping
Total
There was an error with PayPalClick here to try again

News
Blog
Drugs and Guns and Laws.. Oh My!
Posted on February 23, 2018 at 1:37 PM |
![]() |
A
good thing to know, especially if you are a gun carrying Arkansan, is that if
you have a felony amount of narcotics and a firearm that you are subject to
Arkansas Code Annotated 5-74-106. Simultaneous Possession of Drugs and Firearms
(herein referred to as “Simultaneous”), a Class Y felony in the State of
Arkansas punishable by 10-40 years in prison or Life without the possibility of
parole, and/or up to a $25,000.00 fine. Now this law has a few different
facets, however with the recent changes to Arkansas law regarding marijuana I
have decided to discuss what I would call the “iron circle of simultaneous
possession”. Let me explain: In
this hypothetical we have a person with an ounce (approx. 28 grams) of
marijuana, a schedule VI controlled substance, no prior convictions for
possessing a schedule VI substance, and that person also has a gun on his/her person. Now looking at the statutes listed below,
specifically 5-64-419, that is a misdemeanor possession. According to the law
regarding Simultaneous, you cannot be convicted of Simultaneous with a misdemeanor
amount of a controlled substance. So one would think that possessing that
amount of marijuana and a gun would not lead to a Simultaneous charge, but…
look at 5-64-436. That law states that if you have more than 14 grams with the
purpose to deliver that substance then it is a Class D felony charge, meaning
that if a person has the ounce of marijuana as described in this hypothetical
and it is with purpose to deliver than it is subject to Simultaneous. Now one
would ask, “what makes it purpose to deliver”? In response to that question we
look at the statute and we notice 5-64-436 (a)(4), which state that purpose to
deliver can be shown if the person in possession of the schedule VI substance
also possesses a firearm that is in the immediate physical control of the
person at the time of the possession of the Schedule VI controlled substance,
meaning that the gun makes the drugs a felony and the felony drugs and guns
lead to Simultaneous, this snowball effect is the iron circle that I referred
to earlier. Having the gun makes the drugs a felony (without it that amount of
drugs might not be a felony), and having a felony amount of drugs makes the
crime Simultaneous. Moral of the story is two-fold, 1) things snowball quickly
in these situations and an amount of marijuana that might lead to a ticket is
now a felony punishable by life in prison, and 2) do not have more than 14
grams of marijuana and a gun or you will likely get charged with Simultaneous. All of the relevant
law is listed below: 5-74-106. Simultaneous possession of drugs and
firearms. (a) A person shall not unlawfully commit a felony
violation of §§ 5-64-419 -- 5-64-442 or unlawfully attempt, solicit, or
conspire to commit a felony violation of §§ 5-64-419 -- 5-64-442 while in
possession of: (1) A firearm; or (2) Any implement or weapon that may be used to
inflict serious physical injury or death, and that under the circumstances
serves no apparent lawful purpose. (b) Any person who violates this section is
guilty of a Class Y felony. (c) This section does not apply to a misdemeanor
drug offense. (d) It is a defense to this section that the
defendant was in his or her home and the firearm or other implement or weapon
was not readily accessible for use. 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: (5) A Schedule VI controlled substance with an
aggregate weight, including an adulterant or diluent, of: (A) Less than four ounces (4 oz.) upon conviction
is guilty of a Class A misdemeanor; (B) One ounce (1 oz.) or more but less than four
ounces (4 oz.) and the person has four (4) previous convictions under this
section or the former § 5-64-401(c) upon conviction is guilty of a Class D
felony; (C) Four ounces (4 oz.) or more but less than ten
pounds (10 lbs.) upon conviction is guilty of a Class D felony; (D) Ten pounds (10 lbs.) or more but less than
twenty-five pounds (25 lbs.) upon conviction is guilty of a Class C felony; (E) Twenty-five pounds (25 lbs.) or more but less
than one hundred pounds (100 lbs.) upon conviction is guilty of a Class B
felony; or (F) One hundred pounds (100 lbs.) or more but
less than five hundred pounds (500 lbs.) upon conviction is guilty of a Class A
felony. 5-64-436. Possession of a Schedule VI
controlled substance with the purpose to deliver. (a) Except as provided by this chapter, it is
unlawful if a person possesses a Schedule VI controlled substance with the
purpose to deliver the Schedule VI controlled substance. Purpose to deliver may
be shown by any of the following factors: (1) The person possesses the means to weigh and
separate a Schedule VI controlled substance; (2) The person possesses a record indicating a
drug-related transaction; (3) The Schedule VI controlled substance is
separated and packaged in a manner to facilitate delivery; (4) The person possesses a firearm that is in the
immediate physical control of the person at the time of the possession of the
Schedule VI controlled substance; (5) The person possesses at least two (2) other
controlled substances in any amount; or (6) Other relevant and admissible evidence that
contributes to the proof that a person's purpose was to deliver a Schedule VI
controlled substance. (b) A person who violates this section upon
conviction is guilty of a: (1) Class A misdemeanor if the person possessed
by aggregate weight, including an adulterant or diluent, fourteen grams (14g)
or less of a Schedule VI controlled substance; (2) Class D felony if the person possessed more
than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate
weight, including an adulterant or diluent, of a Schedule VI controlled
substance; (3) Class C felony if the person possessed four
ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate
weight, including an adulterant or diluent, of a Schedule VI controlled
substance; (4) Class B felony if the person possessed
twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100
lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI
controlled substance; or (5) Class A felony if the person possessed one
hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.)
by aggregate weight, including an adulterant or diluent, of a Schedule VI
controlled substance. *Disclaimer: This
blog is not legal advice, but a general explanation of the law that is not
specific to your case, if you have one. If you have questions concerning your rights,
a recent police interaction or any other legal issue please contact either
General Practice Law Firm or another attorney for a proper application of the
law to your case. |
No Fake Drugs
Posted on December 4, 2012 at 8:26 PM |
![]() |
The topic of today's post is..... fake drugs (counterfeit substances). It is a felony in the state of Arkansas to possess a "counterfeit substance",or in in other words, do not have non-drugs that you are trying to say are drugs. Believe it or not people do this and get themselves in trouble for aspirin, that however is not the funny part. The most peculiar part of this law is when they allow you to have fake drugs. According to the law below you can have fake drugs if they are given by prescription. So in the end, do not have fake drugs in your possession, unless prescribed by a doctor.... who you should then probably sue for having prescribed you fake drugs. 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. |
Categories
- General Practice News (3)
- physician-assisted suicide (1)
- federal law (2)
- firearms (5)
- guns (4)
- possession (3)
- Arkansas (3)
- Felony (4)
- Violenece (1)
- fraud (1)
- hoax (1)
- Mati Te'o (1)
- euthanasia (1)
- domestic violence (2)
- drug laws (2)
- politics (2)
- secession (1)
- court rulings (2)
- shaming (1)
- Arkansas laws (9)
- pronunciation (1)
- tips (3)
- 138 (1)
- congratulations (1)
- gang-stalking (1)
- staff (1)
- legislature (2)
/