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5-64-426. Delivery of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-64-426
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f61d3935789c4847285f45456f2f7ad64d59e94af07d3c1b2e482a5114c140dc
Source location: content.xml paragraph 23874
Stored source content
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 that is not methamphetamine, cocaine, or a controlled substance listed in this subdivision (c)(3);
(B) One hundred sixty (160) dosage units or more but less than two hundred grams (200g) of hydromorphone hydrochloride;
(C) 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.
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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.