The use, possession or distribution of controlled substances is prohibited under both federal and Arkansas law. Those who are found to be in possession of a controlled substance will likely be charged with a felony, and the same may be true of those who are believed to be in possession of drugs with the intent to distribute them.
Drug court may be an option
If your offense is considered to be nonviolent, you may be given the option to attend drug court. Instead of going to jail or prison, you will be subject to random testing and other restrictions for a set period of time. It is worth noting that you will have a conviction on your record if you agree to attend a rehab program in lieu of going to jail or prison.
Aggravating factors may result in enhanced penalties
A second conviction for the use or possession of heroin may result in a 100% increase in the penalties that you face for a first conviction. You may also face increased sanctions if you were charged with a drug crime that took place within 1000 feet of certain locations such as schools, parks or places of worship.
The intent to distribute threshold
State law assumes that you are engaged in drug trafficking if you are found to be in possession of more than 100 grams of heroin. Authorities may also argue that you intended to distribute the substance if you are found with scales, baggies or other items typically used by dealers or distributors. You may receive an enhanced sentence if you are convicted of intent to distribute a controlled substance.