(a) Except as provided by this chapter, it is unlawful if a person possesses a Schedule VI controlled substance with the purpose to deliver the Schedule VI controlled substance. Purpose to deliver may be shown by any of the following factors:
(1) The person possesses the means to weigh and separate a Schedule VI controlled substance;
(2) The person possesses a record indicating a drug-related transaction;
(3) The Schedule VI 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 VI 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 VI controlled substance.
(b) A person who violates this section upon conviction is guilty of a:
(1) Class A misdemeanor if the person possessed by aggregate weight, including an adulterant or diluent, fourteen grams (14g) or less of a Schedule VI controlled substance;
(2) Class D felony if the person possessed more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance;
(3) Class C felony if the person possessed four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance;
(4) Class B felony if the person possessed twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance; or
(5) Class A felony if the person possessed one hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance.
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