Section 5-64-428 - Possession of a Schedule III controlled substance with the purpose to deliver(a) Except as provided by this chapter, it is unlawful if a person possesses a Schedule III controlled substance with the purpose to deliver the Schedule III controlled 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 Schedule III controlled substance;(2) The person possesses a record indicating a drug-related transaction;(3) The Schedule III controlled 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 Schedule III controlled substance;(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 III controlled substance.(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:(A) Less than twenty-eight grams (28g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(1);(B) Less than eighty (80) dosage units for any other Schedule III depressant or hallucinogenic drug; or(C) Less than eighty (80) dosage units for any other Schedule III stimulant drug;(2) Class B 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 III controlled substance that is not a controlled substance listed in this subdivision (b)(2);(B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III depressant or hallucinogenic drug; or(C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III stimulant drug; or(3) Class A felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule III controlled substance not a controlled substance listed in this subdivision (b)(3);(B) One hundred sixty (160) dosage units or more for any other Schedule III depressant or hallucinogenic drug; or(C) One hundred sixty (160) dosage units or more for any other Schedule III 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 III controlled substance that is listed in this section.Amended by Act 2013, No. 529,§ 2, eff. 8/16/2013. Acts 2011, No. 570, § 51.