To Amend The Law Concerning The Offense Of Possession Of Drug Paraphernalia.
Summary
HB1947 amends Arkansas law governing possession of drug paraphernalia. Under current law, possession of paraphernalia intended for use with controlled substances is generally a Class A misdemeanor, with a higher penalty in some cases involving certain drugs and prior convictions. The bill replaces that framework with a graduated penalty structure based on repeat offenses within a 10-year period.
For a first offense, the bill makes the offense an unclassified misdemeanor punishable by at least 24 hours and up to one year in jail, plus a fine of $150 to $1,000. A second offense within 10 years would carry a minimum of seven days in jail and a $400 to $3,000 fine; a third offense within 10 years would carry a minimum of 90 days in jail and a $900 to $5,000 fine; and a fourth or subsequent offense within 10 years would become an unclassified felony punishable by one to six years in prison and a $900 to $5,000 fine.
Impact
The bill would amend Arkansas Code § 5-64-443, changing the offense classification and penalties for possession of drug paraphernalia. It removes the existing structure that treated the offense as a Class A misdemeanor generally and a Class D felony in certain drug-and-prior-conviction situations, and replaces it with escalating penalties tied to the number of offenses within a 10-year period. This would affect defendants charged with paraphernalia possession, prosecutors, courts, and sentencing outcomes, especially for repeat offenders.
Sentiment
Based on the bill text and the absence of committee discussion or recorded votes, the available record does not show a clear public or legislative debate around HB1947. The measure appears to reflect a policy choice to impose more graduated and increasingly severe penalties for repeat paraphernalia offenses, suggesting a law-enforcement or deterrence-oriented approach. No contrary viewpoints are documented in the provided materials.
Contention
The main policy issue is the shift from a simpler misdemeanor/felony scheme to a repeat-offender model with mandatory minimum jail terms and a felony threshold after multiple offenses. Potential points of contention would likely include whether the bill is appropriately punitive, whether mandatory minimums are effective, and whether the new structure could increase incarceration for low-level drug-related conduct. However, the provided materials do not include committee testimony or votes identifying specific supporters or opponents.