Ark. Code Ann. » Title 5 Chapter 64
Arkansas Code Annotated

Ark. Code Ann. § 5-64-424 (2020)

Possession of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine with the purpose to deliver

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  1. Except as provided in this chapter, it is unlawful if a person possesses a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine with the purpose to deliver the Schedule I or Schedule II controlled substance that is not 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 a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine;
    2. The person possesses a record indicating a drug-related transaction;
    3. The Schedule I or Schedule II controlled substance that is not 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 the Schedule I or Schedule II controlled substance that is not 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 a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine.
  2. 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, less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine;
    2. Class B felony if the person possessed by aggregate weight, including an adulterant or diluent:
      1. Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, cocaine, or a controlled substance listed in this subdivision (b)(2);
      2. Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride;
      3. Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD);
      4. Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or
      5. Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug; or
    3. Class A felony if the person possessed by aggregate weight, including an adulterant or diluent:
      1. Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, cocaine, or a controlled substance listed in this subdivision (b)(3);
      2. One hundred twenty-eight milligrams (128mg) or more or one hundred sixty (160) dosage units or more but less than two hundred grams (200g) of hydromorphone hydrochloride;
      3. One thousand six hundred micrograms (1,600µ) or more or one hundred sixty (160) dosage units or more but less than two hundred grams (200g) of lysergic acid diethylamide (LSD);
      4. One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or
      5. One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug.
  3. It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine and that is listed in this section.

History. Acts 2011, No. 570, § 48.

A.C.R.C. Notes. Acts 2011, No. 570, § 1, provided: “The intent of this act is to implement comprehensive measures designed to reduce recidivism, hold offenders accountable, and contain correction costs.”

Research References

ALR.

What Constitutes “Aggravated Felony” for Which Alien Can Be Deported or Removed Under § 237(a)(2)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. § 1227(a)(2)(A)(iii)) — Heroin Offenses Under 8 U.S.C. § 1101(a)(43)(B). 78 A.L.R. Fed. 2d 133.

What Constitutes “Aggravated Felony” for Which Alien Can Be Deported or Removed Under § 237(a)(2)(A)(iii) of Immigration and Nationality Act (8 U.S.C. § 1227(a)(2)(A)(iii)) — Miscellaneous or Unspecified Narcotics Offenses Under 8 U.S.C. § 1101(a)(43)(B). 79 A.L.R. Fed. 2d 335.

Notes of Decisions
Cited in 8 cases (6 in the last 5 years), 2016–2025 · leading case: Carl Rorie v. State of Arkansas, 2024 Ark. App. 106.
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Mikato Fulks v. State of Arkansas, 2023 Ark. App. 566, 680 S.W.3d 743. · cites it 2× “1 Fulks was also convicted of possession of a controlled substance with purpose to deliver pursuant to Arkansas Code Annotated section 5-64-424(b)(3)(A) (Repl. 2016) and possession of drug paraphernalia pursuant to Arkansas Code Annotated section 5-64- 443(b) (Supp.”
Carl Rorie v. State of Arkansas, 2024 Ark. App. 106. · cites it 2× “2023) and by possessing hydrocodone with purpose to deliver in violation of Arkansas Code Annotated section 5-64-424 (Supp. 2023). The circuit court held a hearing on January 12, 2023.”
James D. Cribbs v. State of Arkansas, 2020 Ark. App. 539, 612 S.W.3d 775. · cites it 4× “He now argues that the State did not prove that he possessed heroin with the purpose to deliver by showing any of the six factors listed in Arkansas Code Annotated section 5-64-424(a) (Repl. 2016) and that the testimony of his codefendant, Wine, contradicted that of the officers…”
Keithan Jackson v. State of Arkansas, No. CR-24-389 (Ark. Ct. App. Sept. 17, 2025). · cites it 8× “Again, he contends that the statute can be violated only by possessing more than 28 grams but less than 200 grams and that the evidence clearly shows that Jackson possessed more than 200 grams of hydrocodone.”
Barnes v. Crawford Cnty. Sheriff's Off., No. 2:24-cv-02077 (W.D. Ark. July 25, 2024). · cites it 2× “tion of ACA § 5-64-440, a Class U Felony; Simultaneous Possession of Drugs and Firearms, in violation of ACA § 5-74-106, a Class Y Felony; Felon in Possession of a Firearm, in violation of ACA § 5-73-103, a Class B Felony; Possession of Drug Paraphernalia, in violation of ACA §…”
United States v. Senica Howard, 670 F. App'x 914 (8th Cir. 2016). “See Ark. Code Ann. §§ 5-64-424 (possession of schedule I or II controlled substance that is not methamphetamine or cocaine with purpose to deliver; Class C felony if person possessed less than 2 grams), 5-4-401(a)(4) (Class C felony is punishable by 3-10 years in prison); U.”
United States v. Aaron Walton, No. 20-1287 (8th Cir. Mar. 4, 2021). “§ 5-64-436 and possession of ecstasy and marijuana with purpose to deliver in violation of Ark. Code Ann. §§ 5-64-424 and 5-64-436. See id.”
United States v. Verlynin Buckley, 146 F.4th 679 (8th Cir. 2025). “, Ark. Code Ann. §§ 5-64-424 (a), -426(b) (2011).”
Ark. Code Ann. § 5-64-424(a): 2 cases
James D. Cribbs v. State of Arkansas, 2020 Ark. App. 539, 612 S.W.3d 775. “He now argues that the State did not prove that he possessed heroin with the purpose to deliver by showing any of the six factors listed in Arkansas Code Annotated section 5-64-424(a) (Repl. 2016) and that the testimony of his codefendant, Wine, contradicted that of the officers…”
Keithan Jackson v. State of Arkansas, No. CR-24-389 (Ark. Ct. App. Sept. 17, 2025). “Again, he contends that the statute can be violated only by possessing more than 28 grams but less than 200 grams and that the evidence clearly shows that Jackson possessed more than 200 grams of hydrocodone.”
Ark. Code Ann. § 5-64-424(b)(3)(A): 2 cases
Mikato Fulks v. State of Arkansas, 2023 Ark. App. 566, 680 S.W.3d 743. “1 Fulks was also convicted of possession of a controlled substance with purpose to deliver pursuant to Arkansas Code Annotated section 5-64-424(b)(3)(A) (Repl. 2016) and possession of drug paraphernalia pursuant to Arkansas Code Annotated section 5-64- 443(b) (Supp.”
Keithan Jackson v. State of Arkansas, No. CR-24-389 (Ark. Ct. App. Sept. 17, 2025). “Again, he contends that the statute can be violated only by possessing more than 28 grams but less than 200 grams and that the evidence clearly shows that Jackson possessed more than 200 grams of hydrocodone.”
Ark. Code Ann. § 5-64-424(c): 1 case
Keithan Jackson v. State of Arkansas, No. CR-24-389 (Ark. Ct. App. Sept. 17, 2025). “Again, he contends that the statute can be violated only by possessing more than 28 grams but less than 200 grams and that the evidence clearly shows that Jackson possessed more than 200 grams of hydrocodone.”
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