Delivery of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine

  1. Law
  2. Arkansas Code
  3. Criminal Offenses
  4. Offenses Against Public Health, Safety, or Welfare
  5. Controlled Substances
  6. Uniform Controlled Substances Act — Prohibitions and Penalties
  7. Delivery of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine

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  1. (a) This section does not apply to the delivery of methamphetamine or cocaine, which is governed by § 5-64-422.

  2. (b) Except as provided in this chapter, it is unlawful for a person to deliver a Schedule I or Schedule II controlled substance.

  3. (c) A person who violates this section upon conviction is guilty of a:

    1. (1) Class C felony if the person delivered 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. (2) Class B felony if the person delivered by aggregate weight, including an adulterant or diluent:

      1. (A) 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 (c)(2);

      2. (B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride;

      3. (C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD);

      4. (D) 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. (E) 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. (3) Class A felony if the person delivered by aggregate weight, including an adulterant or diluent:

      1. (A) 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 (c)(3);

      2. (B) One hundred sixty (160) dosage units or more but less than two hundred grams (200g) of hydromorphone hydrochloride;

      3. (C) One hundred sixty (160) dosage units or more but less than two hundred grams (200g) of lysergic acid diethylamide (LSD);

      4. (D) 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. (E) 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.


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