HB1947
To Amend The Law Concerning The Offense Of Possession Of Drug Paraphernalia.
Last Action (May 5, 2025): Died in House Committee at Sine Die adjournment.
Sponsors
AI-Generated Summary
House Bill 1947 amends Arkansas Code § 5-64-443 regarding the offense of possession of drug paraphernalia. The bill replaces existing penalty classifications for possession of drug paraphernalia with a graduated penalty structure based on the number of prior convictions within a ten-year period. For a first offense, the violation is categorized as an unclassified misdemeanor with a minimum 24-hour jail sentence and a fine between $150 and $1,000. Second and third offenses within a ten-year window carry increasingly severe minimum jail sentences and higher maximum fines. A fourth or subsequent offense within ten years is classified as an unclassified felony, punishable by one to six years imprisonment and a fine of up to $5,000. This legislation shifts away from the previous Class A misdemeanor and Class D felony designations for specific controlled substances, creating a uniform, multi-tiered penalty schedule for all drug paraphernalia possession offenses.
Potential Impact Analysis
Who Might Benefit?
Individuals charged with a first offense of possession of drug paraphernalia may benefit from this bill, as it sets clear, predictable, and graduated penalties that provide a framework for judicial sentencing. By replacing broad felony classifications with a tiered misdemeanor system, the bill may provide more consistency in how initial offenses are handled across the state.
Who Might Suffer?
Individuals with multiple prior convictions for possession of drug paraphernalia will be negatively impacted, as the bill mandates stricter minimum jail time and higher fines for subsequent offenses. Specifically, those reaching a fourth or subsequent offense within a ten-year period face felony charges, which carry more significant potential prison sentences and long-term consequences associated with a felony record compared to a misdemeanor.
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