(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.
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-64-420. Possession of methamphetamine or cocaine with the purpose to deliver - last updated January 01, 2020 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-64-420.html
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