Arkansas § 5-64-428 Possession of a Schedule III controlled substance with the purpose to deliver

Arkansas Statutes

§ 5-64-428 — Possession of a Schedule III controlled substance with the purpose to deliver

Arkansas § 5-64-428

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This text of Arkansas § 5-64-428 (Possession of a Schedule III controlled substance 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.

Bluebook

Ark. Code Ann. § 5-64-428 (2026).

Text

(a)Except as provided by this chapter, it is unlawful if a person possesses a Schedule III controlled substance with the purpose to deliver the Schedule III controlled substance. 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 III controlled substance;

(2)The person possesses a record indicating a drug-related transaction;

(3)The Schedule III controlled substance 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 III controlled substance;

(5)The person possesses at least two (2) other controlled substances in any amount; or (6) Other relevant and a

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(a) Except as provided by this chapter, it is unlawful if a person possesses a Schedule III controlled substance with the purpose to deliver the Schedule III controlled substance. 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 III controlled substance; (2) The person possesses a record indicating a drug-related transaction; (3) The Schedule III controlled substance 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 III controlled substance; (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 III controlled substance. (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: (A) Less than twenty-eight grams (28g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(1); (B) Less than eighty (80) dosage units for any other Schedule III depressant or hallucinogenic drug; or (C) Less than eighty (80) dosage units for any other Schedule III stimulant drug; (2) Class B 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 III controlled substance that is not a controlled substance listed in this subdivision (b)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III depressant or hallucinogenic drug; or (C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III stimulant drug; or (3) Class A felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule III controlled substance not a controlled substance listed in this subdivision (b)(3); (B) One hundred sixty (160) dosage units or more for any other Schedule III depressant or hallucinogenic drug; or (C) One hundred sixty (160) dosage units or more for any other Schedule III 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 III controlled substance that is listed in this section.