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How you can get a drug possession charge in Arkansas without possessing drugs

On Behalf of | Jun 3, 2024 | Drug Crimes

It’s logical to assume before the police in Arkansas can arrest you on drug possession charges, they must first have evidence that you had illegal drugs on them. However, in Arkansas, the law extends beyond just the drugs themselves. Believe it or not, you can face a drug possession charge without actually having any drugs in your possession. Let’s delve into how this is possible and what you should be aware of.

Precursors and paraphernalia

In Arkansas, the possession of certain substances, tools, or products related to drug use can lead to charges. These items are often linked to the cultivation or manufacturing of drugs and are called precursors. For example, certain chemicals that can be used to manufacture narcotics might put you at risk of facing legal charges.

Moreover, items considered drug paraphernalia can also lead to possession charges. This includes any device, accessory, or product primarily intended for the consumption of illegal drugs. Common examples of paraphernalia include marijuana pipes, rolling papers, and syringes. Even if no drugs are found, having these items can suggest drug use and result in charges.

What makes a substance a precursor?

The law requires the Arkansas Department of Health to determine which substances are classified as precursors. The agency considers several factors:

  • The substance’s role as a precursor to a controlled substance
  • The potential for abuse
  • Pharmacological effects, if known
  • Scientific knowledge surrounding the substance
  • Historical and current abuse patterns
  • Overall risk to public health
  • The potential for causing dependence

These criteria help the authorities decide whether a substance should be legally controlled and monitored to prevent drug abuse.

Need legal help?

If you find yourself facing possession charges, and it’s related to either precursors or paraphernalia, it might feel overwhelming. Remember, you’re not alone in this. Contacting a criminal defense attorney can provide you with the guidance and support you need to start addressing these charges effectively.