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2017 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
§ 5-64-420. Possession of methamphetamine or cocaine with the purpose to deliver
Universal Citation: AR Code § 5-64-420 (2017)
- (a) Except as provided by this chapter, it is unlawful if a person possesses methamphetamine or cocaine with the purpose to deliver the methamphetamine or cocaine. Purpose to deliver may be shown by any of the following factors:
- (1) The person possesses the means to weigh, separate, or package methamphetamine or cocaine;
- (2) The person possesses a record indicating a drug-related transaction;
- (3) The methamphetamine or cocaine 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 methamphetamine or cocaine;
- (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 methamphetamine or cocaine.
- (b) A person who violates this section upon conviction is guilty of a:
- (1) Class C felony if the person possessed less than two grams (2g) of methamphetamine or cocaine by aggregate weight, including an adulterant or diluent;
- (2) Class B felony if the person possessed two grams (2g) or more but less than ten grams (10g) of methamphetamine or cocaine by aggregate weight, including an adulterant or diluent; or
- (3) Class A felony if the person possessed ten grams (10g) or more but less than two hundred grams (200g) of methamphetamine or cocaine by aggregate weight, including an adulterant or diluent.
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