Section 5-64-432 - Possession of a Schedule IV or Schedule V controlled substance with the purpose to deliver(a) Except as provided by this chapter, it is unlawful if a person possesses a Schedule IV or Schedule V controlled substance with the purpose to deliver the Schedule IV or Schedule V controlled substance. Purpose to deliver may be shown by any of the following factors:(1) The person possesses the means to weigh and separate a Schedule IV or Schedule V controlled substance;(2) The person possesses a record indicating a drug-related transaction;(3) The Schedule IV or Schedule V 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 IV or Schedule V 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 IV or Schedule V controlled substance.(b) A person who violates this section upon conviction is guilty of a:(1) Class D felony if the person possessed by aggregate weight, including an adulterant or diluent:(A) Less than two hundred grams (200g) of a Schedule IV or Schedule V 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 IV or Schedule V depressant or hallucinogenic drug; or(C) Less than eighty (80) dosage units for any other Schedule IV or Schedule V stimulant drug;(2) Class C 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 IV or Schedule V 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 IV or Schedule V depressant or hallucinogenic drug; or(C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V stimulant drug; or(3) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent:(A) Four hundred grams (400g) or more but less than eight hundred grams (800g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(3);(B) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or(C) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V 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 IV or Schedule V controlled substance that is listed in this section.Amended by Act 2013, No. 529,§ 3, eff. 8/16/2013. Acts 2011, No. 570, § 54.