Ark. Code Ann. § 5-10-209: Factors considered when determining whether person possessed controlled substance for personal use
Where this section sits in the code
- AR Code
- Title 5
- Chapter 10
- Subchapter 2
For purposes of this subchapter, possession of a controlled substance or counterfeit substance for personal use may be demonstrated through the consideration of certain factors, including without limitation:
(1) The person does not possess the means to weigh, separate, or package the controlled substance or counterfeit substance;
(2) The person does not possess a record indicating a drug-related transaction;
(3) The controlled substance or counterfeit substance is not separated or packaged in a manner to facilitate delivery;
(4) The person does not possess a firearm that is in the immediate physical control of the person at the time of the delivery or conveyance of the controlled substance or counterfeit substance; and
(5) The person does not possess other controlled substances or counterfeit substances at the time of the delivery or conveyance.
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