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

Arkansas Code — all titles (historical 2020) · legal_authorities

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

5-64-436. Possession of a Schedule VI controlled substance with the purpose to deliver. (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 lb

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-436

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.