{"data":{"id":"us-ar/ark.-code-ann.-5-64-442","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 5-64-442","heading":"Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance","body":"(a) 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: (1) The person possesses the means to weigh, separate, or package a counterfeit substance; (2) The person possesses a record indicating a drug-related transaction; (3) The counterfeit 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 counterfeit substance; (5) The person possesses at least two (2) other controlled substances or counterfeit 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 counterfeit substance. (b) Any person who violates this section with respect to: (1) A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony; (2) A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or (3) 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. Amended by Act 2013, No. 1125,§ 14, eff. 8/16/2013. Amended by Act 2013, No. 529,§ 5, eff. 8/16/2013. Acts 2011, No. 570, § 62.\n\n(a) 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: (1) The person possesses the means to weigh, separate, or package a counterfeit substance; (2) The person possesses a record indicating a drug-related transaction; (3) The counterfeit 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 counterfeit substance; (5) The person possesses at least two (2) other controlled substances or counterfeit 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 counterfeit substance.\n\n(1) The person possesses the means to weigh, separate, or package a counterfeit substance;\n\n(2) The person possesses a record indicating a drug-related transaction;\n\n(3) The counterfeit 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 counterfeit substance;\n\n(5) The person possesses at least two (2) other controlled substances or counterfeit 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 counterfeit substance.\nThe person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the counterfeit substance;\n\n(5) The person possesses at least two (2) other controlled substances or counterfeit 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 counterfeit substance.\n\n(b) Any person who violates this section with respect to: (1) A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony; (2) A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or (3) 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.\n\n(1) A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony;\n\n(2) A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or\n\n(3) 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.","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":"3e64477aa98afc3dadf5acc10a077e68af8671035e76df62292ad3e358d31749","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-5-64-441","next":"us-ar/ark.-code-ann.-5-64-443"},"notice":"GroundRules: Original legal text. Not legal advice."}