In Arkansas, Schedule VI drugs are marijuana, THC, synthetic cannabinoids like K2 or spice, and salvia divinorum. It’s the lowest of the state’s drug schedules, but the penalties are still serious: possession of under four ounces is a Class A misdemeanor, and the charges climb through every felony class up to a Class Y trafficking felony at 500 pounds or more. Quantities are measured by aggregate weight, meaning any filler or plant material counts toward the total.
What’s on Schedule VI
Arkansas runs its own drug scheduling system separate from the federal Controlled Substances Act, and Schedule VI is unique to Arkansas and a small number of other states. The main substances on the list are marijuana, tetrahydrocannabinols (THC), synthetic cannabinoids, and salvia divinorum.
There’s one important carve-out. Hemp-derived CBD products containing no more than 0.3% delta-9 THC on a dry weight basis, verified by a nationally accredited laboratory, are excluded from Schedule VI. Anything above that threshold is treated the same as marijuana for criminal purposes.
The schedule also captures synthetic equivalents of cannabis by chemical family, so newer formulations of “spice” or “K2” generally fall under it even when the specific compound isn’t a household name.
Simple Possession Penalties
Simple possession applies when someone holds a Schedule VI substance without evidence of intent to sell or manufacture. The charge tracks the quantity:
- Less than 4 ounces: Class A misdemeanor, up to one year in jail and a fine up to $2,500.
- 1 ounce to less than 4 ounces with four or more prior possession convictions: Class D felony, up to six years in prison and a fine up to $10,000.
- 4 ounces to less than 10 pounds: Class D felony, up to six years and a fine up to $10,000.
- 10 pounds to less than 25 pounds: Class C felony, three to ten years and a fine up to $10,000.
- 25 pounds to less than 100 pounds: Class B felony, five to twenty years and a fine up to $15,000.
- 100 pounds to less than 500 pounds: Class A felony, six to thirty years and a fine up to $15,000.
The repeat-offender rule at the one-ounce mark catches people off guard. A first-time possession of two ounces is a misdemeanor. The same amount on a fifth offense is a felony.
Growing, Making, or Selling
Manufacturing covers growing marijuana plants, extracting THC concentrates, and producing synthetic cannabinoids. The thresholds start much lower than for simple possession:
- 14 grams or less: Class A misdemeanor, up to one year in jail and a fine up to $2,500.
- More than 14 grams but less than 4 ounces: Class D felony, up to six years and a fine up to $10,000.
- 4 ounces to less than 25 pounds: Class C felony, three to ten years and a fine up to $10,000.
- 25 pounds to less than 100 pounds: Class B felony, five to twenty years and a fine up to $15,000.
- 100 pounds or more: Class A felony, six to thirty years and a fine up to $15,000.
The gap between possessing and growing is stark at the low end. Three ounces in your pocket is a misdemeanor. Three ounces on the plant is a Class D felony.
Delivery and possession with intent to deliver are charged separately, under Arkansas Code sections 5-64-420 through 5-64-440, and the penalty classes track manufacturing. Prosecutors don’t need to see a hand-to-hand sale. Intent is proven with circumstantial evidence: packaging, scales, cash, multiple phones, ledgers, firearms near the stash, or amounts too large for personal use. It’s the combination that carries weight, not any single item.
Trafficking at 500 Pounds
Once the quantity reaches 500 pounds or more, the charge becomes trafficking, a Class Y felony. That’s the most severe felony classification in Arkansas, carrying ten to forty years or life in prison. Trafficking applies whether the person was manufacturing, delivering, or just possessing the substance, and probation or a suspended sentence is not available at this level.
The Drug-Free Zone Adds Ten Years
Any Schedule VI offense committed within 1,000 feet of a protected location carries a mandatory additional ten-year prison sentence. Protected locations include schools at every level from elementary through college, designated school bus stops, city and state parks, day care centers, churches, drug and alcohol treatment facilities, community and recreation centers (including Boys and Girls Clubs, YMCAs, skating rinks, and video arcades), publicly funded multifamily housing, and domestic violence shelters.
The enhancement applies to manufacturing and delivery at any felony level. For simple possession, it only applies at Class C felony or higher, meaning 10 pounds or more. Time served under the enhancement is not eligible for parole, post-release supervision, or community correction transfer, and the court decides whether the ten years runs concurrent with or after the underlying sentence.
How Aggregate Weight Is Calculated
Every quantity threshold above uses “aggregate weight, including an adulterant or diluent.” That’s the total weight of the substance as found, not the weight of pure marijuana or THC. An ounce of marijuana mixed into two pounds of brownie batter is charged on the full weight of the batter.
This matters most for edibles, concentrates, and freshly harvested plants. Five pounds of marijuana gummies can push a simple possession charge from a Class D felony to a Class C felony even if the actual THC content is small. On the manufacturing side, soil and root material still attached to a harvested plant count toward the total.
Conditional Discharge for a First Possession Offense
Arkansas gives first-time possession defendants a way to avoid a permanent conviction. Under the conditional discharge statute, the court can accept a guilty plea or finding of guilt without entering a conviction, then place the person on probation for at least one year. Complete probation, and the case is dismissed.
The rules are strict. You cannot have any prior conviction under the Arkansas Controlled Substances Act or any equivalent state or federal drug law. You get one conditional discharge in your lifetime. And it’s only available for possession. Delivery and manufacturing charges are not eligible, regardless of quantity or whether it’s a first offense.
Federal Consequences That Survive a State Conviction
Marijuana is still a Schedule I controlled substance under federal law. A proposal to move it to Schedule III at the federal level is pending but has not been finalized. That gap between Arkansas and federal classification creates consequences the state penalty tables don’t show.
Federal student financial aid is tiered by offense type and number of convictions. A first possession conviction makes a student ineligible for federal grants, loans, and work-study for one year, with the ineligibility period lengthening for repeat offenses. A first sale conviction carries a two-year ineligibility period, and a second is indefinite. Completing a qualifying drug rehabilitation program can restore eligibility earlier.
For commercial driver’s license holders, using a commercial vehicle to manufacture or distribute drugs is a lifetime disqualification. Driving a commercial vehicle under the influence of drugs is a one-year disqualification on a first offense and a lifetime ban on a second.