Ark. Code Ann. § 20-64-220 (2020)
Penalties
- Except as provided in subdivision (2) of this section, a person violating any provision of this subchapter commits a felony and upon conviction shall be fined not more than two thousand dollars ($2,000), and be imprisoned in the state penitentiary not less than two (2) nor more than five (5) years. For a second offense, or if, in case of a first conviction of violation of any provision of this subchapter, the offender shall previously have been convicted of any violation of the laws of the United States or of any other state, territory, or district relating to narcotic drugs or marijuana, the offender shall be guilty of a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary not less than five (5) nor more than ten (10) years. For a third or subsequent offense, or if, the offender shall previously have been convicted two (2) or more times in the aggregate of any violation of the law of the United States or of any other state, territory, or district relating to narcotic drugs or marijuana, the offender shall be guilty of a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary not less than ten (10) or more than twenty (20) years.
- A person violating § 20-64-217 in a manner involving only a preparation exempted by § 20-64-208 for a first conviction shall be fined not more than twenty-five dollars ($25.00), for a second conviction shall be fined not more than fifty dollars ($50.00), and for a third or subsequent conviction shall be fined not more than one hundred dollars ($100).
Except in the case of conviction for a first offense for violation of the provisions of this subchapter the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum imprisonment herein provided for the offense shall have been served.
History. Acts 1937, No. 344, § 20; Pope's Dig., § 10145; Acts 1955, No. 155, § 5; 1961, No. 418, § 1; 1963, No. 113, § 1; 1975, No. 928, § 24; A.S.A. 1947, § 82-1020.
Publisher's Notes. Acts 1963, No. 113, § 2, provided that the act applied to offenses committed and to prosecutions pending on February 28, 1963.
Acts 1975, No. 928, § 2, provided that, notwithstanding that all or part of a statute defining a criminal offense was amended or repealed by the act, the provisions so amended or repealed would remain in force for the purpose of authorizing the prosecution, conviction, and punishment of a person committing an offense under the provisions prior to April 8, 1975.
Case Notes
Instructions.
After a verdict of guilty and imposition of a sentence of two years' imprisonment, it was not error to instruct the jury to return to deliberations and amend its verdict by also imposing a fine. Brown v. State, 248 Ark. 561, 453 S.W.2d 50 (1970).
Statute of Limitation.
First offense charge of unlawful possession of marijuana is barred by the statute of limitations where not filed within one year after commission of the alleged offense. McIlwain v. State, 226 Ark. 818, 294 S.W.2d 350 (1956).
Cited: Perez v. State, 249 Ark. 1111, 463 S.W.2d 394 (1971); Crutchfield v. State, 251 Ark. 137, 471 S.W.2d 361 (1971); Diffee v. State, 290 Ark. 194, 718 S.W.2d 94 (1986); Hales v. State, 299 Ark. 93, 771 S.W.2d 285 (1989).