Factors considered when determining whether person possessed controlled substance for personal use

Ark. Code Ann. § 5-10-209 — under Homicide.

Ark. Code Ann. § 5-10-209

(1) For purposes of this subchapter, possession of a controlled substance or counterfeit substance for personal use may be demonstrated through the consideration of certain factors, including without limitation:(1) The person does not possess the means to weigh, separate, or package the controlled substance or counterfeit substance;(2) The person does not possess a record indicating a drug-related transaction;(3) The controlled substance or counterfeit substance is not separated or packaged in a manner to facilitate delivery or conveyance;(4) The person does not possess a firearm that is in the immediate physical control of the person at the time of the delivery or conveyance of the controlled substance or counterfeit substance; and(5) The person does not possess other controlled substances or counterfeit substances at the time of the delivery or conveyance.

(1) The person does not possess the means to weigh, separate, or package the controlled substance or counterfeit substance;

(2) The person does not possess a record indicating a drug-related transaction;

(3) The controlled substance or counterfeit substance is not separated or packaged in a manner to facilitate delivery or conveyance;

(4) The person does not possess a firearm that is in the immediate physical control of the person at the time of the delivery or conveyance of the controlled substance or counterfeit substance; and

(5) The person does not possess other controlled substances or counterfeit substances at the time of the delivery or conveyance.