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Ark. Code Ann. § 5-64-1102

Possession with purpose to manufacture — Unlawful distribution

Applied in 9 court decisions — leading case Ashley County v. Pfizer, Inc. (2009)

Most recently applied in Ashley County v. Pfizer, Inc. (January 2009)

Acts 1997, No. 565, § 2; 2001, No. 1209, § 4; 2011, No. 570, § 69.

How often courts cite this section

19992000200930
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) It is unlawful for a person to possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, or salts of optical isomers with a purpose to manufacture methamphetamine.

(2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a: Class D felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing ten grams (10g) or less of methamphetamine; or

(3) Class B felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing more than ten grams (10g) of methamphetamine.

(4) It is unlawful for a person to possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, or salts of optical isomers in a quantity capable of producing twenty-eight grams (28g) or more of a Schedule I or Schedule II controlled substance that is a narcotic drug or methamphetamine with a purpose to manufacture methamphetamine.

(5) A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class B felony.

(6) It is unlawful for a person to sell, transfer, distribute, or dispense any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers if the person: Knows that the purchaser will use the product as a precursor to manufacture methamphetamine or another controlled substance; or

(7) Sells, transfers, distributes, or dispenses the product with reckless disregard as to how the product will be used.

(8) A person who violates subdivision (c)(1) of this section upon conviction is guilty of a Class D felony.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.