{"data":{"id":"us-ar/ark.-code-ann.-5-64-428","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 5-64-428","heading":"Possession of a Schedule III controlled substance with the purpose to deliver","body":"(a) Except as provided by this chapter, it is unlawful if a person possesses a Schedule III controlled substance with the purpose to deliver the Schedule III controlled substance. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh, separate, or package a Schedule III controlled substance; (2) The person possesses a record indicating a drug-related transaction; (3) The Schedule III controlled substance 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 the Schedule III controlled substance; (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 a Schedule III controlled substance. (b) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Less than twenty-eight grams (28g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(1); (B) Less than eighty (80) dosage units for any other Schedule III depressant or hallucinogenic drug; or (C) Less than eighty (80) dosage units for any other Schedule III stimulant drug; (2) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III depressant or hallucinogenic drug; or (C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III stimulant drug; or (3) Class A felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule III controlled substance not a controlled substance listed in this subdivision (b)(3); (B) One hundred sixty (160) dosage units or more for any other Schedule III depressant or hallucinogenic drug; or (C) One hundred sixty (160) dosage units or more for any other Schedule III stimulant drug. (c) It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule III controlled substance that is listed in this section. Amended by Act 2013, No. 529,§ 2, eff. 8/16/2013. Acts 2011, No. 570, § 51.\n\n(a) Except as provided by this chapter, it is unlawful if a person possesses a Schedule III controlled substance with the purpose to deliver the Schedule III controlled substance. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh, separate, or package a Schedule III controlled substance; (2) The person possesses a record indicating a drug-related transaction; (3) The Schedule III controlled substance 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 the Schedule III controlled substance; (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 a Schedule III controlled substance.\n\n(1) The person possesses the means to weigh, separate, or package a Schedule III controlled substance;\n\n(2) The person possesses a record indicating a drug-related transaction;\n\n(3) The Schedule III controlled substance is separated and packaged in a manner to facilitate delivery;\nle evidence that contributes to the proof that a person's purpose was to deliver a Schedule III controlled substance.\n\n(1) The person possesses the means to weigh, separate, or package a Schedule III controlled substance;\n\n(2) The person possesses a record indicating a drug-related transaction;\n\n(3) The Schedule III controlled substance is separated and packaged in a manner to facilitate delivery;\n\n(4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule III controlled substance;\n\n(5) The person possesses at least two (2) other controlled substances in any amount; or\n\n(6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule III controlled substance.\n\n(b) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Less than twenty-eight grams (28g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(1); (B) Less than eighty (80) dosage units for any other Schedule III depressant or hallucinogenic drug; or (C) Less than eighty (80) dosage units for any other Schedule III stimulant drug; (2) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III depressant or hallucinogenic drug; or (C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III stimulant drug; or (3) Class A felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule III controlled substance not a controlled substance listed in this subdivision (b)(3); (B) One hundred sixty (160) dosage units or more for any other Schedule III depressant or hallucinogenic drug; or (C) One hundred sixty (160) dosage units or more for any other Schedule III stimulant drug.\n\n(1) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Less than twenty-eight grams (28g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(1); (B) Less than eighty (80) dosage units for any other Schedule III depressant or hallucinogenic drug; or (C) Less than eighty (80) dosage units for any other Schedule III stimulant drug;\n\n(A) Less than twenty-eight grams (28g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(1);\n\n(B) Less than eighty (80) dosage units for any other Schedule III depressant or hallucinogenic drug; or\n\n(C) Less than eighty (80) dosage units for any other Schedule III stimulant drug;\nty (80) dosage units for any other Schedule III stimulant drug;\n\n(A) Less than twenty-eight grams (28g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(1);\n\n(B) Less than eighty (80) dosage units for any other Schedule III depressant or hallucinogenic drug; or\n\n(C) Less than eighty (80) dosage units for any other Schedule III stimulant drug;\n\n(2) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III depressant or hallucinogenic drug; or (C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III stimulant drug; or\n\n(A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(2);\n\n(B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III depressant or hallucinogenic drug; or\n\n(C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III stimulant drug; or\n\n(3) Class A felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule III controlled substance not a controlled substance listed in this subdivision (b)(3); (B) One hundred sixty (160) dosage units or more for any other Schedule III depressant or hallucinogenic drug; or (C) One hundred sixty (160) dosage units or more for any other Schedule III stimulant drug.\n\n(A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule III controlled substance not a controlled substance listed in this subdivision (b)(3);\n\n(B) One hundred sixty (160) dosage units or more for any other Schedule III depressant or hallucinogenic drug; or\n\n(C) One hundred sixty (160) dosage units or more for any other Schedule III stimulant drug.\n\n(c) It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule III controlled substance that is listed in this section.","path":["AR Code","Title 5","Chapter 64","Subchapter 4"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"59490116bb15a2d17da0700fbce9cf2d24b2bd1b92229cf1e865bf4db64034f0","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-5-64-427","next":"us-ar/ark.-code-ann.-5-64-430"},"notice":"GroundRules: Original legal text. Not legal advice."}