AR Code § 5-64-432 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 6 - Offenses Against Public Health, Safety, or Welfare|Chapter 64 - Controlled Substances|Subchapter 4 - Uniform Controlled Substances Act — Prohibitions and Penalties|§ 5-64-432. Possession of a Schedule IV or Schedule V controlled substance with the purpose to deliver

 (a) 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:  (1) 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.    (b) A person who violates this section upon conviction is guilty of a:  (1) Class D felony if the person possessed by aggregate weight, including an adulterant or diluent:  (A) 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);  (B) Less than eighty (80) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or  (C) Less than eighty (80) dosage units for any other Schedule IV or Schedule V stimulant drug;    (2) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent:  (A) 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);  (B) 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  (C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V stimulant drug; or    (3) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent:  (A) 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);  (B) 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  (C) 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.      (c) 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.