(a) Except as provided by this chapter, it is unlawful if a person possesses methamphetamine or cocaine with the purpose to deliver the methamphetamine or cocaine. Purpose to deliver may be shown by any of the following factors:
(1) The person possesses the means to weigh, separate, or package methamphetamine or cocaine;
(2) The person possesses a record indicating a drug-related transaction;
(3) The methamphetamine or cocaine 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 methamphetamine or cocaine;
(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 methamphetamine or cocaine.
(b) A person who violates this section upon conviction is guilty of a:
(1) Class C felony if the person possessed less than two grams (2g) of methamphetamine or cocaine by aggregate weight, including an adulterant or diluent;
(2) Class B felony if the person possessed two grams (2g) or more but less than ten grams (10g) of methamphetamine or cocaine by aggregate weight, including an adulterant or diluent; or
(3) Class A felony if the person possessed ten grams (10g) or more but less than two hundred grams (200g) of methamphetamine or cocaine by aggregate weight, including an adulterant or diluent.
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