Section 5-64-424 - Possession of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine with the purpose to deliver(a) 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, fentanyl, heroin, or cocaine with the purpose to deliver the Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, 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, fentanyl, heroin, 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, fentanyl, heroin, 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, fentanyl, heroin, 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, fentanyl, heroin, or cocaine.(b) 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, fentanyl, heroin, or cocaine;(2) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: (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, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (b)(2);(B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride;(C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD);(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(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) Class A felony if the person possessed by aggregate weight, including an adulterant or diluent: (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, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (b)(3);(B) 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;(C) 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);(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(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.(c) 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, fentanyl, heroin, or cocaine and that is listed in this section.Amended by Act 2021, No. 887,§ 5, eff. 7/28/2021. Acts 2011, No. 570, § 48.