§ 5-64-420 — Possession of methamphetamine, heroin, or cocaine with the purpose to deliver

Arkansas § 5-64-420

• Jurisdiction: Arkansas
• Title: 5

Text

(a) Except as provided by this chapter, it is unlawful if a person possesses methamphetamine, heroin, or cocaine with the purpose to deliver the methamphetamine, heroin, or cocaine. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh, separate, or package methamphetamine, heroin, or cocaine; (2) The person possesses a record indicating a drug-related transaction; (3) The methamphetamine, heroin, or cocaine is separated and packaged in a manner to facilitate delivery; (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of methamphetamine, heroin, or cocaine; (5) The person possesses at least two (2) other controlled substances in any amount; or (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver methamphetamine, heroin, or cocaine. (b) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the person possessed less than two grams (2g) of methamphetamine, heroin, or cocaine by aggregate weight, including an adulterant or diluent; (2) Class B felony if the person possessed two grams (2g) or more but less than ten grams (10g) of methamphetamine, heroin, or cocaine by aggregate weight, including an adulterant or diluent; or (3) Class A felony if the person possessed ten grams (10g) or more but less than two hundred grams (200g) of methamphetamine, heroin, or cocaine by aggregate weight, including an adulterant or diluent.

Legislative History

Amended by Act 2021, No. 887,§ 3, eff. 7/28/2021. Acts 2011, No. 570, § 45.