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5-64-407. Manufacture of methamphetamine in the presence of certain persons — Enhanced penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-407. Manufacture of methamphetamine in the presence of certain persons — Enhanced penalties.
(a) A person who is found guilty of or who pleads guilty or nolo contendere to manufacture of methamphetamine, § 5-64-423, or possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443(b), may be subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if the offense is committed:
(1) In the presence of a minor, elderly person, or incompetent person who may or may not be related to the person;
(2) With a minor, elderly person, or incompetent person in the same home or building where the methamphetamine was being manufactured or where the drug paraphernalia to manufacture methamphetamine was in use or was in preparation to be used; or
(3) With a minor, elderly person, or incompetent person present in the same immediate area or in the same vehicle at the time of the person's arrest for the offense.
(b) The enhanced portion of the sentence is consecutive to any other sentence imposed.
(c) Any person sentenced under this section is not eligible for early release on parole or community correction transfer for the enhanced portion of the sentence.
(d) As used in this section:
(1) “Elderly person” means any person seventy (70) years of age or older;
(2) “Incompetent person” means any person who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated; and
(3) “Minor” means any person under eighteen (18) years of age.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-407
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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Record provenance
Stable record: arkansas_code:legal_authorities:5-64-407
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cdca286dc9174d4849c712a02d4afd75d9e29b5a88fc7575bb597cb90465c975
Source location: content.xml paragraph 23306
Stored source content
5-64-407. Manufacture of methamphetamine in the presence of certain persons — Enhanced penalties.
(a) A person who is found guilty of or who pleads guilty or nolo contendere to manufacture of methamphetamine, § 5-64-423, or possession of drug paraphernalia with the purpose to manufacture methamphetamine, § 5-64-443(b), may be subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if the offense is committed:
(1) In the presence of a minor, elderly person, or incompetent person who may or may not be related to the person;
(2) With a minor, elderly person, or incompetent person in the same home or building where the methamphetamine was being manufactured or where the drug paraphernalia to manufacture methamphetamine was in use or was in preparation to be used; or
(3) With a minor, elderly person, or incompetent person present in the same immediate area or in the same vehicle at the time of the person's arrest for the offense.
(b) The enhanced portion of the sentence is consecutive to any other sentence imposed.
(c) Any person sentenced under this section is not eligible for early release on parole or community correction transfer for the enhanced portion of the sentence.
(d) As used in this section:
(1) “Elderly person” means any person seventy (70) years of age or older;
(2) “Incompetent person” means any person who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated; and
(3) “Minor” means any person under eighteen (18) years of age.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-423. Manufacture of methamphetamine — Manufacture of cocaine.
(a)(1) Except as provided by this chapter, it is unlawful for a person to manufacture methamphetamine.
(2)(A) A person who manufactures methamphetamine in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony.
(B)(i) A person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony.
(ii)(a) However, a person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluents, upon conviction is guilty of a Class A felony if the person shows by a preponderance of the evidence that he or she manufactured the methamphetamine for personal use only.
(b) Factors indicative of personal use may include without limitation the:
(1) Person did not make a delivery of methamphetamine;
(2) Quantity of methamphetamine manufactured by the person; or
(3) Method of manufacturing methamphetamine used by the person.
(3) A person who has one (1) or more prior convictions of manufacturing methamphetamine in any amount under this section or the former § 5-64-401 upon conviction is guilty of a Class Y felony.
(b)(1) Except as provided by this chapter, it is unlawful for a person to manufacture cocaine.
(2)(A) A person who manufactures cocaine in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony.
(B) A person who manufactures cocaine in an amount of two grams (2g) or more but less than ten grams (10g), by aggregate weight, including an adulterant or diluent, up
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-423
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 5-64-423. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-443. Drug paraphernalia.
(a) A person who possesses drug paraphernalia with the purpose to use the drug paraphernalia to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter upon conviction is guilty of:
(1) A Class A misdemeanor; or
(2) A Class D felony if the controlled substance is methamphetamine, heroin, fentanyl, or cocaine.
(b) A person who uses or possesses with the purpose to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, or repack a controlled substance that is methamphetamine, heroin, fentanyl, or cocaine upon conviction is guilty of a Class B felony.
(c) A person who uses or possesses with the purpose to use drug paraphernalia to store, contain, or conceal a controlled substance that is methamphetamine, heroin, fentanyl, or cocaine upon conviction is guilty of a Class D felony.
(d) A person who uses or possesses with the purpose to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, or repack a controlled substance that is not methamphetamine, heroin, fentanyl, or cocaine upon conviction is guilty of a Class D felony.
(e) A person who uses or possesses with the purpose to use drug paraphernalia to store, contain, or conceal a controlled substance that is not methamphetamine, heroin, fentanyl, or cocaine upon conviction is guilty of a Class A misdemeanor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-443
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 5-64-443. This identifies an authority to review, not proof of applicability.