Arkansas § 5-64-442 - Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance.

§ 5-64-442. Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance.

Except as authorized by this chapter, it is unlawful for any person to possess with the purpose to deliver, deliver, or manufacture a counterfeit substance. Purpose to deliver may be shown by any of the following factors: The person possesses the means to weigh, separate, or package a counterfeit substance; The person possesses a record indicating a drug-related transaction; The counterfeit 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 counterfeit substance; The person possesses at least two (2) other controlled substances or counterfeit substances in any amount; or Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a counterfeit substance. Any person who violates this section with respect to: A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony; A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or A counterfeit substance purporting to be a Schedule IV, Schedule V, or Schedule VI controlled substance or that is not classified as a scheduled controlled substance upon conviction is guilty of a Class A misdemeanor.