This text of Arkansas § 5-64-424 (Possession of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine with the purpose to deliver) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Except as provided in this chapter, it is unlawful if a person possesses a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine with the purpose to deliver the Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, 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 a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine;
(2)The person possesses a record indicating a drug-related transaction;
(3)The Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine is separated and packaged in a manner to facilitate d
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(a) Except as provided in this chapter, it is unlawful if a person possesses a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine with the purpose to deliver the Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, 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 a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine; (2) The person possesses a record indicating a drug-related transaction; (3) The Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, 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 the Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, 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 a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine. (b) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent, less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine; (2) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (b)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride; (C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD); (D) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug; or (3) Class A felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (b)(3); (B) One hundred twenty-eight milligrams (128mg) or more or one hundred sixty (160) dosage units or more but less than two hundred grams (200g) of hydromorphone hydrochloride; (C) One thousand six hundred micrograms (1,600µ) or more or one hundred sixty (160) dosage units or more but less than two hundred grams (200g) of lysergic acid diethylamide (LSD); (D) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug. (c) It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine and that is listed in this section.