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Current as of March 28, 2024 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-64-442. Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-64-442/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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