Arkansas § 5-64-428 - Possession of a Schedule III controlled substance with the purpose to deliver.

§ 5-64-428. Possession of a Schedule III controlled substance with the purpose to deliver.

Except as provided by this chapter, it is unlawful if a person possesses a Schedule III controlled substance with the purpose to deliver the Schedule III controlled substance. Purpose to deliver may be shown by any of the following factors: The person possesses the means to weigh, separate, or package a Schedule III controlled substance; The person possesses a record indicating a drug-related transaction; The Schedule III controlled substance is separated and packaged in a manner to facilitate delivery; The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule III controlled substance; The person possesses at least two (2) other controlled substances in any amount; or Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule III controlled substance. A person who violates this section upon conviction is guilty of a: Class C felony if the person possessed by aggregate weight, including an adulterant or diluent: Less than twenty-eight grams (28g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(1); Less than eighty (80) dosage units for any other Schedule III depressant or hallucinogenic drug; or Less than eighty (80) dosage units for any other Schedule III stimulant drug; Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(2); Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III depressant or hallucinogenic drug; or Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III stimulant drug; or Class A felony if the person possessed by aggregate weight, including an adulterant or diluent: Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule III controlled substance not a controlled substance listed in this subdivision (b)(3); One hundred sixty (160) dosage units or more for any other Schedule III depressant or hallucinogenic drug; or One hundred sixty (160) dosage units or more for any other Schedule III stimulant drug. It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule III controlled substance that is listed in this section.