Ark. Code Ann. » Title 5 Chapter 64
Arkansas Code Annotated

Ark. Code Ann. § 5-64-407 (2026)

Manufacture of methamphetamine in the presence of certain persons — Enhanced penalties

✓ current as of May 2026
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  1. A person who is found guilty of or who pleads guilty or nolo contendere to manufacture of methamphetamine, § 5-64-423, or possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443(b), may be subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if the offense is committed:
    1. In the presence of a minor, elderly person, or incompetent person who may or may not be related to the person;
    2. With a minor, elderly person, or incompetent person in the same home or building where the methamphetamine was being manufactured or where the drug paraphernalia to manufacture methamphetamine was in use or was in preparation to be used; or
    3. With a minor, elderly person, or incompetent person present in the same immediate area or in the same vehicle at the time of the person's arrest for the offense.
  2. The enhanced portion of the sentence is consecutive to any other sentence imposed.
  3. Any person sentenced under this section is not eligible for early release on parole or community correction transfer for the enhanced portion of the sentence.
  4. As used in this section:
    1. “Elderly person” means any person seventy (70) years of age or older;
    2. “Incompetent person” means any person who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated; and
    3. “Minor” means any person under eighteen (18) years of age.

History. Acts 1971, No. 590, Art. 4, § 7; 1972 (1st Ex. Sess.), No. 67, § 3; 1973, No. 186, § 4; A.S.A. 1947, § 82-2623; Acts 1995, No. 998, § 2; 2005, No. 1994, § 304[B]; 2007, No. 200, § 1; 2007, No. 1047, § 3; 2011, No. 570, § 39.

A.C.R.C. Notes. Acts 2011, No. 570, § 1, provided: “The intent of this act is to implement comprehensive measures designed to reduce recidivism, hold offenders accountable, and contain correction costs.”

Publisher's Notes. As enacted, Acts 2005, No. 1994, contained two sections designated as § 304. The two sections were subsequently designated § 304[A] and § 304[B].

Amendments. The 2011 amendment, in (a), substituted “§ 5-64-423” for “§ 5-64-401(a)(1)” and “§ 5-64-443(a)(1)” for “§ 5-64-403(c)(5)”.

Notes of Decisions
Cited in 11 cases, 1991–2016 · leading case: State v. Ross, 39 S.W.3d 789 (Ark. 2001).
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State v. Ross, 39 S.W.3d 789 (Ark. 2001). · cites it 4× “Specifically, § 5-64-407, in pertinent part, reads: Whenever any person who has not previously pleaded guilty or been found guilty, .”
State v. Warren, 49 S.W.3d 103 (Ark. 2001). · cites it 3× “(1987), a first offender statute; and section 5-64-407 of that statute mandated that the circuit court “discharge Ross and dismiss the proceedings against him upon Ross’s fulfillment of the terms and conditions of his probation.”
Kimbrell v. State, 2016 Ark. App. 17 (Ark. Ct. App. 2016). · cites it 4× “3d 789 (2001), the supreme court interpreted Arkansas Code Annotated section 5-64-407. That statute specifically provided that, “[u]pon fulfillment of the terms and conditions [of probation], the court shall discharge the person and dismiss the proceedings against him.”
Enos v. State, 858 S.W.2d 72 (Ark. 1993). · cites it 2× “Ark. Code Ann. § 5-64-407 (1987). The Trial Court correctly refused to accept the plea bargain.”
Whitener v. State, 843 S.W.2d 853 (Ark. 1992). · cites it 2× “See Ark. Code Ann. § 5-64-407 (1987). Act 608 makes it obvious that delivery of marijuana is simply not a crime where either probation or suspension is available to the circuit court for consideration as an appropriate sentence.”
Shelton v. State, 870 S.W.2d 398 (Ark. Ct. App. 1994). · cites it 2× “Arkansas Code Annotated section 5-64-407 (1987), the Uniform Controlled Substances Act, also provides for expunging the record.”
Pennington v. State, 808 S.W.2d 780 (Ark. 1991). · cites it 4× “Article IV, § 7 of Act 590 of 1971 [ Ark. Code Ann. § 5-64-407 (1987) ] does provide for a probationary period for the offense of possession of a controlled substance, but it fails to mention other drug offenses.”
State v. Galyean, 870 S.W.2d 706 (Ark. 1994). · cites it 2× “2d 853 (1993); Ark. Code Ann. § 5-64-407 (1987). We have consistently held that sentencing shall not be other than in accordance with the statute in effect at the time of the commission of the crime.”
State v. Landis, 870 S.W.2d 705 (Ark. 1994). · cites it 2× “Ark. Code Ann. § 5-64-407 (Repl. 1993). Appellee pleaded guilty to delivery of a controlled substance.”
L.H. v. State, 973 S.W.2d 477 (Ark. 1998). “(b) Unless otherwise provided by this subchapter, “expunge” shall not mean the physical destruction of any records.”
LH v. State, 973 S.W.2d 477 (Ark. 1998). “(b) Unless otherwise provided by this subchapter, "expunge" shall not mean the physical destruction of any records.”
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