Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 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.
Amended by Act 2013, No. 529,§ 3, eff. 8/16/2013.
Acts 2011, No. 570, § 54.