5-64-442. Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-64-442. Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance.

5-64-442. Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance. (a) Except as authorized by this chapter, it is unlawful for any person to possess with the purpose to deliver, deliver, or manufacture a counterfeit substance. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh, separate, or package a counterfeit substance; (2) The person possesses a record indicating a drug-related transaction; (3) The counterfeit 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 counterfeit substance; (5) The person possesses at least two (2) other controlled substances or counterfeit 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 counterfeit substance. (b) Any person who violates this section with respect to: (1) A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony; (2) A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or (3) A counterfeit substance purporting to be a Schedule IV, Schedule V, or Schedule VI controlled substance or that is not classified as a scheduled controlled substance upon conviction is guilty of a Class A misdemeanor.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-442

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.