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5-64-427. Manufacture of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-427. Manufacture of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine.
(a) This section does not apply to the manufacture of methamphetamine or cocaine, which is governed by § 5-64-423.
(b) Except as provided by this chapter, it is unlawful for a person to manufacture 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 manufactured 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 manufactured 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 for any other Schedule I or Schedule II depressant or hallucinogenic drug regardless of weight; or
(E) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule I or Schedule II stimulant drug regardless of weight; or
(3) Class A felony if the person manufactured by aggregate weight, including an adulterant or diluent:
(A) Twenty-eight grams (28g) or more of a Schedule I or Schedule II controlled substance that is not methamphetamine, cocaine, or a controlled substance
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-427
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:5-64-427
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b6054639d372b98a5ec9ddeb8744787521177693be36f2761cbb340e482d0cdd
Source location: content.xml paragraph 23910
Stored source content
5-64-427. Manufacture of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine.
(a) This section does not apply to the manufacture of methamphetamine or cocaine, which is governed by § 5-64-423.
(b) Except as provided by this chapter, it is unlawful for a person to manufacture 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 manufactured 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 manufactured 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 for any other Schedule I or Schedule II depressant or hallucinogenic drug regardless of weight; or
(E) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule I or Schedule II stimulant drug regardless of weight; or
(3) Class A felony if the person manufactured by aggregate weight, including an adulterant or diluent:
(A) Twenty-eight grams (28g) or more 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 of hydromorphone hydrochloride;
(C) One hundred sixty (160) or more dosage units of lysergic acid diethylamide (LSD);
(D) One hundred sixty (160) dosage units or more regardless of weight 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 for any other Schedule I or Schedule II stimulant drug.
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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.