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Ark. Code Ann. § 5-64-432

Possession of a Schedule IV or Schedule V controlled substance with the purpose to deliver

Applied in 1 court decision — leading case 2019 Ark. App. 578 - Markell Jimmerson v. State of Arkansas (2019)

Most recently applied in 2019 Ark. App. 578 - Markell Jimmerson v. State of Arkansas (December 2019)

Acts 2011, No. 570, § 54; 2013, No. 529, § 3.

(1) Except as provided by this chapter, it is unlawful if a person possesses a Schedule IV or Schedule V controlled substance with the purpose to deliver the Schedule IV or Schedule V controlled substance. Purpose to deliver may be shown by any of the following factors: The person possesses the means to weigh and separate a Schedule IV or Schedule V controlled substance;

(2) The person possesses a record indicating a drug-related transaction;

(3) The Schedule IV or Schedule V 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 IV or Schedule V 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 IV or Schedule V controlled substance.

(7) A person who violates this section upon conviction is guilty of a: Class D felony if the person possessed by aggregate weight, including an adulterant or diluent: Less than two hundred grams (200g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(1);

(8) Less than eighty (80) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or

(9) Less than eighty (80) dosage units for any other Schedule IV or Schedule V stimulant drug;

(10) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent: Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(2);

(11) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or

(12) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V stimulant drug; or

(13) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: Four hundred grams (400g) or more but less than eight hundred grams (800g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(3);

(14) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or

(15) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V stimulant drug.

(16) It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule IV or Schedule V controlled substance that is listed in this section.

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.