(a) A person is subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if:
(1) The person:
(A) Possesses a controlled substance in violation of § 5-64-419 and the offense is a Class C felony or greater; or
(B) Possesses with the purpose to deliver, delivers, manufactures, or trafficks a controlled substance in violation of §§ 5-64-420 — 5-64-440; and
(2) The offense is committed on or within one thousand feet (1,000') of the real property of:
(A) A city or state park;
(B) A public or private elementary or secondary school, public vocational school, or private or public college or university;
(C) A designated school bus stop as identified on the route list published by a public school district each year;
(D) A skating rink, Boys and Girls Club, YMCA, YWCA, community center, recreation center, or video arcade;
(E) A publicly funded and administered multifamily housing development;
(F) A drug or alcohol treatment facility;
(G) A day care center;
(H) A church; or
(I) A shelter as defined in § 9-4-102.
(b) The enhanced portion of the sentence is consecutive or concurrent to any other sentence imposed at the discretion of the court.
(c) Any person convicted under this section is not eligible for early release on parole or community correction transfer for the enhanced portion of the sentence.
(d)
(1) Except for property covered by subdivision (a)(2)(C) of this section, property covered by this section shall have a notice posted at the entrances to the property stating:
(2) However, the posting of the notice is not a necessary element for the enhancement of a sentence under this section.
(e) As used in this section, “recreation center” means a public place of entertainment consisting of various types of entertainment, including without limitation billiards or pool, ping pong or table tennis, bowling, video games, pinball machines, or any other similar type of entertainment.
“THE SALE OF DRUGS UPON OR WITHIN ONE THOUSAND FEET (1000') OF THIS PROPERTY MAY SUBJECT THE SELLER OF THE DRUGS TO AN ADDITIONAL TEN (10) YEARS IMPRISONMENT IN ADDITION TO THE TERM OF IMPRISONMENT OTHERWISE PROVIDED FOR THE UNLAWFUL SALE OF DRUGS.
Structure Arkansas Code
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 64 - Controlled Substances
Subchapter 4 - Uniform Controlled Substances Act — Prohibitions and Penalties
§ 5-64-402. Controlled substances — Offenses relating to records, maintaining premises, etc
§ 5-64-403. Controlled substances — Fraudulent practices
§ 5-64-404. Use of a communication device
§ 5-64-405. Continuing criminal enterprise
§ 5-64-406. Delivery to minors — Enhanced penalties
§ 5-64-407. Manufacture of methamphetamine in the presence of certain persons — Enhanced penalties
§ 5-64-408. Subsequent convictions — Enhanced penalties
§ 5-64-411. Proximity to certain facilities — Enhanced penalties
§ 5-64-412. Violations by public officials or law enforcement officers — Enhanced penalties
§ 5-64-414. Controlled substance analog
§ 5-64-417. Penalties under other laws
§ 5-64-418. Foreign conviction
§ 5-64-419. Possession of a controlled substance
§ 5-64-420. Possession of methamphetamine or cocaine with the purpose to deliver
§ 5-64-422. Delivery of methamphetamine or cocaine
§ 5-64-423. Manufacture of methamphetamine — Manufacture of cocaine
§ 5-64-428. Possession of a Schedule III controlled substance with the purpose to deliver
§ 5-64-430. Delivery of a Schedule III controlled substance
§ 5-64-431. Manufacture of a Schedule III controlled substance
§ 5-64-434. Delivery of a Schedule IV or Schedule V controlled substance
§ 5-64-435. Manufacture of a Schedule IV or Schedule V controlled substance
§ 5-64-436. Possession of a Schedule VI controlled substance with the purpose to deliver
§ 5-64-438. Delivery of a Schedule VI controlled substance
§ 5-64-439. Manufacture of a Schedule VI controlled substance
§ 5-64-440. Trafficking a controlled substance
§ 5-64-441. Possession of a counterfeit substance
§ 5-64-443. Drug paraphernalia
§ 5-64-444. Drug paraphernalia — Delivery to a minor
§ 5-64-445. Advertisement of a counterfeit substance or drug paraphernalia