AR HB1604

Amends Arkansas Code § 5-4-501 to count a felony conviction for possession of drug paraphernalia under § 5-64-443 as a single felony (rather than two) when the defendant was also convicted of possession of a controlled substance under § 5-64-101 et seq. stemming from the same set of facts, for purposes of habitual offender sentence enhancement.

Restructures § 5-64-443 drug paraphernalia offenses with specific penalties based on the type of controlled substance and prior convictions.

Possession of drug paraphernalia for use with methamphetamine, heroin, fentanyl, or cocaine is a Class A misdemeanor, or a Class D felony if the person has a prior violation conviction.

Use or possession of drug paraphernalia to manufacture methamphetamine, heroin, fentanyl, or cocaine is a Class D felony, or Class B felony if the substance is one of those four drugs.

A defendant may only be convicted of one offense under § 5-64-443 when the same conduct could establish multiple offenses under that section.