Arkansas § 5-64-432 - Possession of a Schedule IV or Schedule V controlled substance with the purpose to deliver.

§ 5-64-432. Possession of a Schedule IV or Schedule V controlled substance with the purpose to deliver.

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: The person possesses the means to weigh and separate a Schedule IV or Schedule V controlled substance; The person possesses a record indicating a drug-related transaction; The Schedule IV or Schedule V 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 IV or Schedule V 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 IV or Schedule V controlled substance. A person who violates this section upon conviction is guilty of a: Class D felony if the person possessed by aggregate weight, including an adulterant or diluent: 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); Less than eighty (80) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or Less than eighty (80) dosage units for any other Schedule IV or Schedule V stimulant drug; Class C 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 IV or Schedule V 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 IV or Schedule V depressant or hallucinogenic drug; or Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V stimulant drug; or Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: 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); 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 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. 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.