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5-64-406. Delivery to minors — Enhanced penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-406. Delivery to minors — Enhanced penalties.
(a) Any person eighteen (18) years of age or older who violates § 5-64-422, § 5-64-426, or § 5-64-440 by delivering or trafficking a Schedule I or Schedule II controlled substance that is a narcotic drug or methamphetamine to a person under eighteen (18) years of age who is at least three (3) years younger than the person is subject to an enhanced sentence of the fine authorized by § 5-64-422, § 5-64-426, or § 5-64-440, a term of imprisonment of up to two (2) times that authorized by § 5-64-422, § 5-64-426, or § 5-64-440, or both.
(b) Any person eighteen (18) years of age or older who violates § 5-64-426, § 5-64-430, § 5-64-434, § 5-64-438, or § 5-64-440 by delivering or trafficking any other controlled substance to a person under eighteen (18) years of age who is at least three (3) years younger than the person is subject to an enhanced sentence of the fine authorized by § 5-64-426, § 5-64-430, § 5-64-434, § 5-64-438, or § 5-64-440, a term of imprisonment up to two (2) times that authorized by § 5-64-426, § 5-64-430, § 5-64-434, § 5-64-438, or § 5-64-440, or both.
(c) A person who is not otherwise subject to an enhancement to his or her sentence as provided in subsection (a) or subsection (b) of this section and is convicted of delivering a controlled substance to a person under eighteen (18) years of age is subject to an additional term of imprisonment of ten (10) years.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-406
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-64-406
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ca360a943a3e381b1b4cc93058444448c5509ee89eae9576f2eb13ce177d3007
Source location: content.xml paragraph 23294
Stored source content
5-64-406. Delivery to minors — Enhanced penalties.
(a) Any person eighteen (18) years of age or older who violates § 5-64-422, § 5-64-426, or § 5-64-440 by delivering or trafficking a Schedule I or Schedule II controlled substance that is a narcotic drug or methamphetamine to a person under eighteen (18) years of age who is at least three (3) years younger than the person is subject to an enhanced sentence of the fine authorized by § 5-64-422, § 5-64-426, or § 5-64-440, a term of imprisonment of up to two (2) times that authorized by § 5-64-422, § 5-64-426, or § 5-64-440, or both.
(b) Any person eighteen (18) years of age or older who violates § 5-64-426, § 5-64-430, § 5-64-434, § 5-64-438, or § 5-64-440 by delivering or trafficking any other controlled substance to a person under eighteen (18) years of age who is at least three (3) years younger than the person is subject to an enhanced sentence of the fine authorized by § 5-64-426, § 5-64-430, § 5-64-434, § 5-64-438, or § 5-64-440, a term of imprisonment up to two (2) times that authorized by § 5-64-426, § 5-64-430, § 5-64-434, § 5-64-438, or § 5-64-440, or both.
(c) A person who is not otherwise subject to an enhancement to his or her sentence as provided in subsection (a) or subsection (b) of this section and is convicted of delivering a controlled substance to a person under eighteen (18) years of age is subject to an additional term of imprisonment of ten (10) years.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-422. Delivery of methamphetamine or cocaine.
(a) Except as provided by this chapter, it is unlawful for a person to deliver methamphetamine or cocaine.
(b)(1) A person who delivers less than two grams (2g) by aggregate weight, including an adulterant or diluent, of methamphetamine or cocaine upon conviction is guilty of a Class C felony.
(2) A person who delivers two grams (2g) or more but less than ten grams (10g) by aggregate weight, including an adulterant or diluent, of methamphetamine or cocaine upon conviction is guilty of a Class B felony.
(3) A person who delivers ten grams (10g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of methamphetamine or cocaine upon conviction is guilty of a Class Y felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-422
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-422. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-426. Delivery of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine.
(a) This section does not apply to the delivery of methamphetamine or cocaine, which is governed by § 5-64-422.
(b) Except as provided in this chapter, it is unlawful for a person to deliver a Schedule I or Schedule II controlled substance.
(c) A person who violates this section upon conviction is guilty of a:
(1) Class C felony if the person delivered 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 or cocaine;
(2) Class B felony if the person delivered 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, cocaine, or a controlled substance listed in this subdivision (c)(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 delivered 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
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-426
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-426. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-430. Delivery of a Schedule III controlled substance.
(a) Except as provided by this chapter, it is unlawful for a person to deliver a Schedule III controlled substance.
(b)(1) A person who delivers less than twenty-eight grams (28g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class C felony.
(2) A person who delivers twenty-eight grams (28g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class B felony.
(3) A person who delivers two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class A felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-430
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-430. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-440. Trafficking a controlled substance.
(a) Except as provided by this chapter, it is unlawful for a person to engage in trafficking a controlled substance.
(b) A person engages in trafficking a controlled substance if he or she possesses, possesses with the purpose to deliver, delivers, or manufactures a controlled substance by aggregate weight, including an adulterant or diluent, in the following amounts:
(1) Methamphetamine or cocaine, two hundred grams (200g) or more;
(2) Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine, two hundred grams (200g) or more;
(3) Schedule III controlled substance, four hundred grams (400g) or more;
(4) Schedule IV or Schedule V controlled substance, eight hundred grams (800g) or more; or
(5) A Schedule VI controlled substance, five hundred pounds (500 lbs.) or more.
(c) Trafficking a controlled substance is a Class Y felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-440
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-440. This identifies an authority to review, not proof of applicability.