cannabisnews.com: Medical Use Statute is Valid in Arkansas! Medical Use Statute is Valid in Arkansas! Posted by FoM on July 21, 1999 at 19:31:43 PT Shared by Kay Lee Source: My Journey for Justice Kay: It looks like medical marijuana is legal in Arkansas. Tom Dean, the new lead attorney at the NORML Foundation verified it. Please see below for details on the law. I am now trying to work out arrangements with both the VA hospital and the state.James Markessantor toke.comOriginally written by Normlatty aol.com on 14-Jul-99 John Wesley Hall, esq., confirms this fact. Here are the pertinent provisions: First, as you know, 5-64-401 provides (a) It is unlawful for any person to possess a controlled substance or counterfeit substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this chapter. Any person convicted of a first offense for violation of this subsection is guilty of a Class A misdemeanor. Any person who is convicted of a second offense for a violation of this subsection is guilty of a Class D felony. Any person who is convicted of a third or subsequent offense for violation of this subsection shall be guilty of a Class C felony. Any person who unlawfully possesses a controlled substance listed under Schedules I or II of subchapters 1-6 of this chapter shall be guilty of a Class C felony. Another statute that echoes the above provision is 5-13-210 which states: (b) It is unlawful for any person to administer or cause to be ingested, inhaled, or otherwise introduced into the human body of another person a controlled substance as defined by the Uniform Controlled Substances Act, 5-64-101 et seq., unless the controlled substance has been ordered for the person receiving the controlled substance by a licensed practitioner, licensed by the state to prescribe controlled substances in the schedule involved and this being for a legitimate medical purpose. The only case I've been able to locate on point is Wilson v. State, 290 Ark. 397, 720 S.W.2d 292 (1986) which holds that where the defendant obtained a controlled substance pursuant to a prescription, his possession was lawful even though the defendant failed to use the prescription as directed. I will continue to research the statute and attempt to find more case law in support. I would like some guidance on exactly what an "order" is. Can it be verbal? Can it be a recommendation? Can it be an acknowledgment? I will update you as I discover more. By the end of the week we should have everything we need. I will go ahead and write you a letter with all of this information in it that you can use to go to a doctor or another attorney in support of your attempt to find someone who will help. TomJuly 21, 1999Kay Lee, AKA Grandma LeeKillers in Uniformshttp://www.angelfire.com/la/kaylee/valdez.html The Truth As I See Ithttp://www.zyworld.com/kay~lee/home.htm A Smuggler's Tales From Jailshttp://www.zyworld.com/kay~lee/garywaid.htm Home Comment Email Register Recent Comments Help Comment #2 posted by Glen Schwarz on September 06, 2001 at 07:13:50 PT Marijuana legal in Arkansas The wording of the Arkansas law does leave a little wiggle room. But the problem is finding a doctor who will put his license to practice on the line by prescribing a schedule 1 narcotic. The comment of BigAb is also correct. Now that Nevada has decriminalized Arkansas has the most severe law in the country, with the Baptist prosecutors and judges in place to use it. Quoting State Senator Webb during debate at the statehouse over decriminalization, "We just sentenced a man in Benton to 15 years for growing 5 plants." [ Post Comment ] Comment #1 posted by BigAb on July 22, 1999 at 05:19:54 PT: Arkansas ???? Somebody's jerking yer chain , Guy !!!!A roach found on me in ark. cost me1 year jail1000 dollar fine500 court costconfiscation of autoloss of drivers license(still have'nt gotten it back after 4 years)loss of jobloss of home.............In fact I fled the state for parts unknown :)DON'T GET CAUGHT IN RED-NECK ARKANSAS [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: