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Arkansas Laws and Programs

The rural nature of Arkansas and a high rate of poverty (17.9 percent of residents lived below the poverty line in 2004, the fourth-highest proportion in the country) make it vulnerable to several major drug problems, including local cultivation of marijuana, transportation of marijuana and cocaine on interstate highways, and local production of methamphetamine. In 2006 about 944 kilograms of marijuana were seized by federal authorities in Arkansas and 13,501 cultivated marijuana plants were destroyed. The second most common drug seized was cocaine (226.4 kilograms). In 2006 there were 407 meth lab incidents and nearly one-third of federal drug offenses involved methamphetamine.

Types of Drugs Used in Arkansas

Methamphetamine, some imported from Mexico and some produced locally, is the primary drug of law enforcement concern in Arkansas. Marijuana, both locally grown and imported from Mexico, is readily available throughout the state. Cocaine and crack cocaine, distributed by street gangs, has become a significant problem in rural and suburban as well as urban areas. However, heroin is not considered a major problem in Arkansas. The most popular club drug is MDMA although demand seems to be increasing for LSD and GHB. Diversion of prescription drugs including Vicodin, oxycodone, and morphine are also a problem, as is the use of the over-the-counter drug pseudoephedrine for use in methamphetamine manufacture.

From 2004 to 2005 almost 8 percent of Arkansas residents age 12 or older reported using illicit drugs in the past month, and 3.4 percent reported illicit drug abuse or dependence within the past year. The most popular drugs were pain relievers used for non-medical purposes (5.66 percent) and marijuana (5.52 percent). In 2006 there were 11,154 drug arrests in Arkansas, making drug offenses the largest category of arrests for adults and second largest (after larceny and theft) for juveniles.

In a 2006 survey the most common drugs reported used by Arkansas students were inhalants: 15.41 percent of eighth graders and 9.30 percent of sixth graders reported using inhalants at some point in their life, while 6.53 percent of eighth graders and 4.10 percent of sixth graders reported using inhalants in the previous 30 days. The second most common drug reported was marijuana, used by 10.74 percent of Arkansas eighth-grade students and 2.45 percent of sixth graders at some point in their lifetime, and sedatives, which 10.66 percent of eighth graders and 5.28 percent of sixth graders reported having used.

For 10th graders the most common drugs were marijuana (34.94 percent lifetime and 16.22 percent use in last 30 days) and sedatives (22.44 and 11.39 percent, respectively). These were also the most common drugs reported by 10th graders:25.54 percent reported using marijuana over their lifetime and 12.42 percent in the last 30 days, while 18.55 percent reported lifetime use of sedatives and 9.86 percent use within 30 days. In addition, 9.93 percent of 12th graders reported selling illegal drugs at some point in their lives.

In Arkansas, the first offense for marijuana possession is a Class A misdemeanor, the second offense is a Class D felony, and a third offense is a Class C felony. The sale of marijuana, delivery of marijuana, or intent to sell or intent to deliver marijuana is a Class C felony, punishable with a prison term of 4–30 years, depending on the amount sold, and/or a fine of $25,000 to $100,000. There are also increased penalties associated with distributing marijuana within 1,000 feet of school. Possession of cocaine is a Class C felony, and distributing cocaine is a Class Y felony. Depending on the amount of cocaine in one's possession when arrested, prison terms can range from 10 years to life in prison, and fines range from $25,000 to $250,000. Again, the penalties are increased if cocaine is sold within 1,000 feet of a school.

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