2010 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
§ 5-64-401 - Criminal penalties.

5-64-401. Criminal penalties.

(a) Controlled Substance -- Manufacturing, Delivering, or Possessing with Intent to Manufacture or Deliver. Except as authorized by subchapters 1-6 of this chapter, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. Any person who violates this subsection with respect to:

(1) Schedule I or II Narcotic Drug or Methamphetamine. (A) (i) A controlled substance classified in Schedule I or Schedule II that is a narcotic drug or methamphetamine, and by aggregate weight, including an adulterant or diluent, is less than twenty-eight grams (28 g), is guilty of a felony and shall be imprisoned for not less than ten (10) years nor more than forty (40) years, or life, and shall be fined an amount not exceeding twenty-five thousand dollars ($25,000).

(ii) For any purpose other than disposition, this offense is a Class Y felony.

(B) (i) A controlled substance classified in Schedule I or Schedule II that is a narcotic drug or methamphetamine, and by aggregate weight, including an adulterant or diluent, is twenty-eight grams (28 g) or more but less than two hundred grams (200 g), is guilty of a felony and shall be imprisoned for not less than fifteen (15) years nor more than forty (40) years, or life, and shall be fined an amount not exceeding fifty thousand dollars ($50,000).

(ii) For any purpose other than disposition, this offense is a Class Y felony.

(C) (i) A controlled substance classified in Schedule I or Schedule II that is a narcotic drug or methamphetamine, and by aggregate weight, including an adulterant or diluent, is two hundred grams (200 g) or more but less than four hundred grams (400 g), is guilty of a felony and shall be imprisoned for not less than twenty (20) years nor more than forty (40) years, or life, and shall be fined an amount not exceeding one hundred thousand dollars ($100,000).

(ii) For any purpose other than disposition, this offense is a Class Y felony.

(D) (i) A controlled substance classified in Schedule I or Schedule II that is a narcotic drug or methamphetamine, and by aggregate weight, including an adulterant or diluent, is four hundred grams (400 g) or more, is guilty of a felony and shall be imprisoned for not less than forty (40) years, or life, and shall be fined an amount not exceeding two hundred and fifty thousand dollars ($250,000).

(ii) For any purpose other than disposition, this offense is a Class Y felony;

(2) Other Schedule I, II, or III. (A) (i) Any other controlled substance classified in Schedule I, Schedule II, or Schedule III that by aggregate weight, including an adulterant or diluent, is less than twenty-eight grams (28 g), is guilty of a felony and shall be imprisoned for not less than five (5) years nor more than twenty (20) years and shall be fined an amount not to exceed fifteen thousand dollars ($15,000).

(ii) For any purpose other than disposition, this offense is a Class B felony.

(B) (i) Any other controlled substance classified in Schedule I, Schedule II, or Schedule III that by aggregate weight, including an adulterant or diluent, is twenty-eight grams (28 g) or more but less than four hundred grams (400 g), is guilty of a felony and shall be imprisoned for not less than ten (10) years nor more than forty (40) years, or life, and shall be fined an amount not to exceed fifty thousand dollars ($50,000).

(ii) For any purpose other than disposition, this offense is a Class B felony.

(C) (i) Any other controlled substance classified in Schedule I, Schedule II, or Schedule III that by aggregate weight, including an adulterant or diluent, is four hundred grams (400 g) or more, is guilty of a felony and shall be imprisoned for not less than fifteen (15) years nor more than forty (40) years, or life, and shall be fined an amount not exceeding one hundred thousand dollars ($100,000).

(ii) For any purpose other than disposition, this offense is a Class B felony;

(3) Schedule IV or V. (A) (i) A substance classified in Schedule IV or Schedule V that by aggregate weight, including an adulterant or diluent, is less than two hundred grams (200 g), is guilty of a felony and shall be imprisoned for not less than three (3) years nor more than ten (10) years and shall be fined an amount not exceeding ten thousand dollars ($10,000).

(ii) For any purpose other than disposition, this offense is a Class C felony.

(B) (i) A substance classified in Schedule IV or Schedule V that by aggregate weight, including an adulterant or diluent, is two hundred grams (200 g) or more but less than four hundred grams (400 g), is guilty of a felony and shall be imprisoned for not less than ten (10) years nor more than forty (40) years, or life, and shall be fined an amount not exceeding fifty thousand dollars ($50,000).

(ii) For any purpose other than disposition, this offense is a Class C felony.

(C) (i) A substance classified in Schedule IV or Schedule V that by aggregate weight, including an adulterant or diluent, is four hundred grams (400 g) or more, is guilty of a felony and shall be imprisoned for not less than fifteen (15) years nor more than forty (40) years, or life, and shall be fined an amount not exceeding one hundred thousand dollars ($100,000).

(ii) For any purpose other than disposition, this offense is a Class C felony; and

(4) Schedule VI. A controlled substance classified in Schedule VI is guilty of a felony and shall be:

(A) (i) Imprisoned no less than four (4) years nor more than ten (10) years or fined no more than twenty-five thousand dollars ($25,000), or both, if the quantity of the controlled substance is less than ten pounds (10 lbs.).

(ii) For any purpose other than disposition, this offense is a Class C felony;

(B) (i) Imprisoned for no less than five (5) years nor more than twenty (20) years or fined no less than fifteen thousand dollars ($15,000) nor more than fifty thousand dollars ($50,000), or both, if the quantity of the controlled substance is ten pounds (10 lbs.) or more but less than one hundred pounds (100 lbs.).

(ii) For any purpose other than disposition, this offense is a Class B felony;

(C) (i) Imprisoned for no less than six (6) years nor more than thirty (30) years or fined no less than fifteen thousand dollars ($15,000) nor more than one hundred thousand dollars ($100,000), or both, if the quantity of the controlled substance is one hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.).

(ii) For any purpose other than disposition, this offense is a Class A felony; or

(D) (i) Imprisoned for no less than ten (10) years nor more than forty (40) years or fined no more than two hundred fifty thousand dollars ($250,000), or both, if the quantity of the controlled substance is five hundred pounds (500 lbs.) or more.

(ii) For any purpose other than disposition, this offense is a Class Y felony.

(b) Counterfeit Substance -- Rebuttable Presumption. (1) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess with intent to deliver a counterfeit substance.

(2) For purposes of this subsection, possession of one hundred (100) dosage units of any one (1) counterfeit substance or possession of two hundred (200) dosage units of counterfeit substances regardless of the type creates a rebuttable presumption that the person possesses the counterfeit substance with intent to deliver.

(3) Any person who violates this subsection with respect to:

(A) A counterfeit substance purporting to be a controlled substance classified in Schedule I or Schedule II that is a narcotic drug or methamphetamine, is guilty of a Class B felony;

(B) Any other counterfeit substance purporting to be a controlled substance classified in Schedule I, Schedule II, or Schedule III is guilty of a Class C felony;

(C) A counterfeit substance purporting to be a controlled substance classified in Schedule IV is guilty of a Class C felony;

(D) A counterfeit substance purporting to be a controlled substance classified in Schedule V is guilty of a Class C felony; and

(E) A counterfeit substance purporting to be a controlled substance that is not classified as a scheduled controlled substance is guilty of a Class D felony.

(c) Possession of Counterfeit or Controlled Substance. (1) It is unlawful for any person to possess a controlled substance or counterfeit substance unless the controlled substance or counterfeit substance was obtained:

(A) Directly from or pursuant to a valid prescription or an order of a practitioner while acting in the course of his or her professional practice; or

(B) As otherwise authorized by this chapter.

(2) Any person who violates this subsection with respect to:

(A) A controlled substance classified in Schedule I or Schedule II is guilty of a Class C felony;

(B) Any other controlled substance, first offense, is guilty of a Class A misdemeanor;

(C) Any other controlled substance, second offense, is guilty of a Class D felony; and

(D) Any other controlled substance, third or subsequent offense, is guilty of a Class C felony.

(3) For purposes of this subsection, an offense is considered a second or subsequent offense if, before his or her conviction for the offense, the person has been convicted for an offense under this subsection (c) or under any equivalent penal statute of the United States or of any state.

(d) Rebuttable Presumption of Intent to Deliver. (1) Possession by any person of a quantity of any controlled substance including the mixture or substance listed in subdivision (d)(3) of this section in excess of the quantity limit set out in subdivision (d)(3) of this section creates a rebuttable presumption that the person possesses the controlled substance with intent to deliver.

(2) The presumption may be overcome by the submission of evidence sufficient to create a reasonable doubt that the person charged possessed the controlled substance with intent to deliver.

(3) (A) List of controlled substances and quantities:

(i) Cocaine -- one gram (1 g);

(ii) Codeine -- three hundred milligrams (300 mg);

(iii) Hashish -- six grams (6 g);

(iv) Heroin -- one hundred milligrams (100 mg);

(v) Hydromorphone Hydrochloride -- sixteen milligrams (16 mg);

(vi) Lysergic Acid Diethylamide (LSD) -- one hundred micrograms (100 [mu]g);

(vii) Marijuana -- one ounce (1 oz.);

(viii) Methadone -- one hundred milligrams (100 mg);

(ix) Methamphetamine -- two hundred milligrams (200 mg);

(x) Morphine -- three hundred milligrams (300 mg);

(xi) Opium -- three grams (3 g); and

(xii) Pethidine -- three hundred milligrams (300 mg).

(B) For a controlled substance other than those listed in subdivision (d)(3)(A) of this section:

(i) Depressant drug -- twenty (20) hypnotic dosage units;

(ii) Hallucinogenic drug -- ten (10) dosage units; and

(iii) Stimulant drug -- two hundred milligrams (200 mg).

(e) Immunity for Practitioner. No civil or criminal liability shall be imposed by virtue of this chapter on any practitioner who manufactures, distributes, or possesses a counterfeit substance for use by a registered practitioner in the course of professional practice or research or for use as a placebo by a registered practitioner in the course of professional practice or research.

(f) Possession in Detention Facility -- Enhanced Penalties. When any person is convicted of the unlawful possession of a controlled substance in any state criminal detention facility, county criminal detention facility, or city criminal detention facility, or any juvenile detention facility, the penalty for the offense is increased to the next higher classification of felony or misdemeanor as prescribed by law for the offense.

(g) Rebuttable Presumption on Attempt to Manufacture Methamphetamine. (1) Simultaneous possession by any person of drug paraphernalia and a drug precursor appropriate for use to manufacture methamphetamine or possession by any person of drug paraphernalia appropriate for use to manufacture methamphetamine that tests positive for methamphetamine residue creates a rebuttable presumption that the person has engaged in conduct that constitutes a substantial step in a course of conduct intended to result in the manufacture of methamphetamine in violation of 5-3-201, conduct constituting attempt and this section.

(2) The presumption may be overcome by the submission of evidence sufficient to create a reasonable doubt that the person charged attempted to manufacture methamphetamine.

(h) Clean Up Liability -- Restitution. (1) A person who violates this section is liable for the cost of the cleanup of the site where the person:

(A) Manufactured a controlled substance; or

(B) Possessed drug paraphernalia or a chemical for the purpose of manufacturing a controlled substance.

(2) The person shall make restitution to the state or local agency responsible for the cleanup for the cost of the cleanup under 5-4-205.