554
Cite as 357 Ark. 545 (2004)
[357
possessed more than 200 milligrams of a stimulant drug [methamphetamine]," id., was sufficient to meet the test of sufficiency of the evidence. See also Moore v. State, 304 Ark. 257, 801 S.W.2d 638 (1990) (stating that a vial containing 100 milligrams of methamphetamine seized from appellant's person would support a conviction for possession of a controlled substance even in light of a Harbison challenge).
[10] In the case before us, appellant possessed 883.9 milligrams of the methamphetamine compound, an amount that greatly exceeds the 200 milligrams of a methamphetamine compound that we found sufficient in Piercefield, supra. Therefore, we hold that the trial court did not err in denying appellant's motion for directed verdict on the methamphetamine-possession charge.[1]
For the third point on appeal, appellant argues with little analysis that the trial court erred in denying appellant's motion for directed verdict on the paraphernalia charge. Specifically, appellant contends that the State did not prove that the syringe found on appellant's person was ever analyzed for residue or for use. For that reason, appellant maintains that he did not violate Ark. Code Ann. § 5-64-403(c)(1)(A)(I) (Supp. 2003).
It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to inject methamphetamine. Ark. Code Ann. § 5-64-403(c)(1)(A)(I). The term, drug paraphernalia, specifically includes "[h]ypodermic syringes . . . intended for use, or designed for use in parenterally injecting controlled substances into the human body[.]" Ark. Code Ann. § 5-64-101(v)(11) (Repl. 1997).
- ↑ We note that the usable-amount term, as promulgated by Harbison, supra, does not stand for the proposition that there must be a usable amount sufficient to produce a chemically-induced behavioral, hallucinogenic, or otherwise altered state. Additionally, other jurisdictions, as well as the Arkansas Court of Appeals, have interpreted the usable-amount standard to include weight-based standards. See Sinks v. State, 44 Ark. App. 1, 864 S.W.2d 879 (1993) (holding that 0.024 grams of cocaine was usable because the cocaine was capable of quantitative analysis, could be seen with a naked eye, was tangible and could be picked up, and was a clearly measurable amount that satisfied the requirements of Harbison); Kent v. State, 562 S.W.2d 855 (Tex. Cr. App. 1978) (citing Tomlin v. State, 338 S.W.2d 735 (Tex. Cr. App. 1960), which overruled the determination of insufficiency in two cases cited in Harbison, supra, and holding that the drug was quantitatively measurable).
