Arkansas § 5-64-436 Possession of a Schedule VI controlled substance with the purpose to deliver

Arkansas Statutes

§ 5-64-436 — Possession of a Schedule VI controlled substance with the purpose to deliver

Arkansas § 5-64-436

Title5

This text of Arkansas § 5-64-436 (Possession of a Schedule VI 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. § 5-64-436 (2026).

Text

(a)Except as provided by this chapter, it is unlawful if a person possesses a Schedule VI controlled substance with the purpose to deliver the Schedule VI controlled substance. Purpose to deliver may be shown by any of the following factors:

(1)The person possesses the means to weigh and separate a Schedule VI controlled substance;

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

(3)The Schedule VI 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 VI controlled substance;

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

Free access — add to your briefcase to read the full text and ask questions with AI

(a) Except as provided by this chapter, it is unlawful if a person possesses a Schedule VI controlled substance with the purpose to deliver the Schedule VI controlled substance. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh and separate a Schedule VI controlled substance; (2) The person possesses a record indicating a drug-related transaction; (3) The Schedule VI 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 VI 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 VI controlled substance. (b) A person who violates this section upon conviction is guilty of a: (1) Class A misdemeanor if the person possessed by aggregate weight, including an adulterant or diluent, fourteen grams (14g) or less of a Schedule VI controlled substance; (2) Class D felony if the person possessed more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance; (3) Class C felony if the person possessed four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance; (4) Class B felony if the person possessed twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance; or (5) Class A felony if the person possessed one hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance.