Current with legislation from 2024 Fiscal and Special Sessions.
Section 5-10-209 - Factors considered when determining whether person possessed controlled substance for personal useFor 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;(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.Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.