Ark. Code Ann. § 5-65-123 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-123
Offenses involving a motor vehicle equipped with an ignition interlock device
Status: in_force

(a) A person commits the offense of unlawfully allowing another person to start or attempt to start a motor vehicle equipped with an ignition interlock device if he or she: (1) Has had his or her driving privileges restricted under § 5-65-118 and cannot operate or be in actual physical control of a motor vehicle that is not equipped with an ignition interlock device; (2) Knowingly solicits or allows a person to start or attempt to start a motor vehicle equipped with an ignition interlock device; and (3) Has the purpose to operate or be in actual physical control of the motor vehicle. (b) A person commits the offense of unlawfully starting or attempting to start a motor vehicle equipped with an ignition interlock device for another person if he or she knowingly starts or attempts to start a motor vehicle equipped with an ignition interlock device for another person who is restricted from operating or being in actual physical control of a motor vehicle that does not have a functioning ignition interlock device. (c) A person commits the offense of tampering with an ignition interlock device if he or she knowingly tampers with or attempts to circumvent the operation of an ignition interlock device that has been installed in a motor vehicle. (d) A person commits the offense of providing a motor vehicle not equipped with a functioning ignition interlock device to another person if he or she: (1) Knowingly provides a motor vehicle not equipped with a functioning ignition interlock device to another person who is restricted from operating or being in actual physical control of a motor vehicle that does not have a functioning ignition interlock device; and (2) Knows or reasonably should have known that the other person was restricted from operating or being in actual physical control of a motor vehicle not equipped with an ignition interlock device. (e) A person who violates this section is upon conviction guilty of a Class A misdemeanor. (f) It is a defense to prosecution under this section if: (1) A person starts or attempts to start a motor vehicle equipped with an ignition interlock device for the purpose of safety or mechanical repair of the ignition interlock device or the motor vehicle and the person subject to the restriction does not operate the motor vehicle; or (2) (A) The court has previously found that a person is required to operate a motor vehicle in the course and scope of his or her employment and, if the motor vehicle is owned by the employer but does not have a functioning ignition interlock device installed, that the person may operate that motor vehicle during regular working hours for the purposes of his or her employment if: (i) The employer has been notified of the driving privilege restriction; and (ii) Proof of that notification is with the motor vehicle. (B) However, the defense in subdivision (f)(2)(A) of this section does not apply if: (i) The business entity that owns the motor vehicle is owned or controlled by the person who is prohibited from operating a motor vehicle not equipped with an ignition interlock device; or (ii) The driving privilege restriction is the result of the offender's second or subsequent offense. Amended by Act 2023, No. 736,§ 10, eff. 8/1/2023. Added by Act 2015, No. 299,§ 6, eff. 7/22/2015.

(a) A person commits the offense of unlawfully allowing another person to start or attempt to start a motor vehicle equipped with an ignition interlock device if he or she: (1) Has had his or her driving privileges restricted under § 5-65-118 and cannot operate or be in actual physical control of a motor vehicle that is not equipped with an ignition interlock device; (2) Knowingly solicits or allows a person to start or attempt to start a motor vehicle equipped with an ignition interlock device; and (3) Has the purpose to operate or be in actual physical control of the motor vehicle.

(1) Has had his or her driving privileges restricted under § 5-65-118 and cannot operate or be in actual physical control of a motor vehicle that is not equipped with an ignition interlock device;

(2) Knowingly solicits or allows a person to start or attempt to start a motor vehicle equipped with an ignition interlock device; and

(3) Has the purpose to operate or be in actual physical control of the motor vehicle.

(b) A person commits the offense of unlawfully starting or attempting to start a motor vehicle equipped with an ignition interlock device for another person if he or she knowingly starts or attempts to start a motor vehicle equipped with an ignition interlock device for another person who is restricted from operating or being in actual physical control of a motor vehicle that does not have a functioning ignition interlock device.

(c) A person commits the offense of tampering with an ignition interlock device if he or she knowingly tampers with or attempts to circumvent the operation of an ignition interlock device that has been installed in a motor vehicle.

(d) A person commits the offense of providing a motor vehicle not equipped with a functioning ignition interlock device to another person if he or she: (1) Knowingly provides a motor vehicle not equipped with a functioning ignition interlock device to another person who is restricted from operating or being in actual physical control of a motor vehicle that does not have a functioning ignition interlock device; and (2) Knows or reasonably should have known that the other person was restricted from operating or being in actual physical control of a motor vehicle not equipped with an ignition interlock device.

(1) Knowingly provides a motor vehicle not equipped with a functioning ignition interlock device to another person who is restricted from operating or being in actual physical control of a motor vehicle that does not have a functioning ignition interlock device; and

(2) Knows or reasonably should have known that the other person was restricted from operating or being in actual physical control of a motor vehicle not equipped with an ignition interlock device.

(e) A person who violates this section is upon conviction guilty of a Class A misdemeanor.

(f) It is a defense to prosecution under this section if: (1) A person starts or attempts to start a motor vehicle equipped with an ignition interlock device for the purpose of safety or mechanical repair of the ignition interlock device or the motor vehicle and the person subject to the restriction does not operate the motor vehicle; or (2) (A) The court has previously found that a person is required to operate a motor vehicle in the course and scope of his or her employment and, if the motor vehicle is owned by the employer but does not have a functioning ignition interlock device installed, that the person may operate that motor vehicle during regular working hours for the purposes of his or her employment if: (i) The employer has been notified of the driving privilege restriction; and (ii) Proof of that notification is with the motor vehicle. (B) However, the defense in subdivision (f)(2)(A) of this section does not apply if: (i) The business entity that owns the motor vehicle is owned or controlled by the person who is prohibited from operating a motor vehicle not equipped with an ignition interlock device; or (ii) The driving privilege restriction is the result of the offender's second or subsequent offense.

(1) A person starts or attempts to start a motor vehicle equipped with an ignition interlock device for the purpose of safety or mechanical repair of the ignition interlock device or the motor vehicle and the person subject to the restriction does not operate the motor vehicle; or

(2) (A) The court has previously found that a person is required to operate a motor vehicle in the course and scope of his or her employment and, if the motor vehicle is owned by the employer but does not have a functioning ignition interlock device installed, that the person may operate that motor vehicle during regular working hours for the purposes of his or her employment if: (i) The employer has been notified of the driving privilege restriction; and (ii) Proof of that notification is with the motor vehicle. (B) However, the defense in subdivision (f)(2)(A) of this section does not apply if: (i) The business entity that owns the motor vehicle is owned or controlled by the person who is prohibited from operating a motor vehicle not equipped with an ignition interlock device; or (ii) The driving privilege restriction is the result of the offender's second or subsequent offense.

(A) The court has previously found that a person is required to operate a motor vehicle in the course and scope of his or her employment and, if the motor vehicle is owned by the employer but does not have a functioning ignition interlock device installed, that the person may operate that motor vehicle during regular working hours for the purposes of his or her employment if: (i) The employer has been notified of the driving privilege restriction; and (ii) Proof of that notification is with the motor vehicle.

(i) The employer has been notified of the driving privilege restriction; and

(ii) Proof of that notification is with the motor vehicle.

(B) However, the defense in subdivision (f)(2)(A) of this section does not apply if: (i) The business entity that owns the motor vehicle is owned or controlled by the person who is prohibited from operating a motor vehicle not equipped with an ignition interlock device; or (ii) The driving privilege restriction is the result of the offender's second or subsequent offense.

(i) The business entity that owns the motor vehicle is owned or controlled by the person who is prohibited from operating a motor vehicle not equipped with an ignition interlock device; or

(ii) The driving privilege restriction is the result of the offender's second or subsequent offense.

Amended by Act 2023, No. 736,§ 10, eff. 8/1/2023.

Added by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Ark. Code Ann. § 5-27-227 — AR Code / Title 5 / Chapter 27 / Subchapter 2 / Section 5-27-227
Providing minors with tobacco products, vapor products, alternative nicotine products, e-liquid products, and cigarette papers - Purchase, use, or possession prohibited - Self-service displays prohibited - Placement of tobacco vending machines
Status: in_force

(a) (1) It is unlawful for any person to give, barter, or sell to a minor: (A) Tobacco in any form; (B) Cigarette paper; or (C) A vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product. (2) Except as provided in subdivision (a)(3) of this section, a person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section is guilty of a Class A misdemeanor. (3) An employee or owner of a retail location permitted under § 26-57-215 who violates subdivision (a)(1) of this section while inside the retail location upon conviction is subject to a fine not to exceed one hundred dollars ($100) per violation. (b) (1) It is unlawful for a minor to: (A) Use or possess or to purchase, or attempt to purchase: (i) Tobacco in any form; (ii) Cigarette papers; or (iii) A vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product; or (B) For the purpose of obtaining or attempting to obtain tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers, falsely represent himself or herself not to be a minor by displaying proof of age that is false, fraudulent, or not actually proof of the minor's age. (2) Any cigarettes, tobacco products, or cigarette papers found in the possession of a minor may be confiscated and destroyed by a law enforcement officer. (c) (1) It is not an offense under subsection (b) of this section if: (A) The minor was acting at the direction of an authorized agent of Arkansas Tobacco Control to enforce or ensure compliance with laws relating to the prohibition of the sale of tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers to minors; (B) The minor was acting at the direction of an authorized agent of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to compile statistical data relating to the sale of tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers to minors; (C) The minor was acting at the request of an Arkansas Retail Cigarette, Tobacco, Vapor Product, and Alternative Nicotine Product permit holder or a retail exclusive vapor product and alternative nicotine product store permit holder to assist the permit holder by performing a check on the permit holder's own retail business to see if the permit holder's employees would sell tobacco, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers to the minor; or (D) The minor was acting as an agent of a retail permit holder within the scope of employment. (2) A minor performing activities under subdivision (c)(1) of this section shall: (A) Display the appearance of a minor; (B) Have the written consent of the minor's parent or guardian to perform the activity on file with the agency utilizing the minor; and (C) (i) Present a true and correct identification if asked. (ii) Any failure on the part of a minor to provide true and correct identification upon request is a defense to any action under this section or a civil action under § 26-57-256 . (d) Any person who sells tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component thereof, or a cigarette paper has the right to deny the sale of any tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or a cigarette paper to any person. (e) It is unlawful for any person who has been issued a permit or a license under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., to fail to display in a conspicuous place or on each vending machine a sign indicating that the sale of tobacco products, vapor products, alternative nicotine products, e-liquid products, or any component of a vapor product, alternative nicotine product, or e-liquid product to or purchase or possession of tobacco products by a minor is prohibited by law. (f) It is unlawful for any manufacturer whose tobacco product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product is distributed in this state and any person who has been issued a permit or license under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., to distribute a free sample of any tobacco product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product or coupon that entitles the holder of the coupon to any free sample of any tobacco product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product: (1) In or on any public street or sidewalk within five hundred feet (500') of any playground, public school, or other facility when the playground, public school, or other facility is being used primarily by minors for recreational, educational, or other purposes; or (2) To any minor. (g) (1) (A) It is unlawful for any person that has been issued a permit or license under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., to sell or distribute a cigarette product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product through a self-service display. (B) Subdivision (g)(1)(A) of this section does not apply to a: (i) Vending machine that complies with subdivision (h)(1)(A) of this section; (ii) Retail tobacco store; or (iii) Retail exclusive vapor product or alternative nicotine product store. (2) As used in subdivision (g)(1) of this section: (A) "Retail exclusive vapor product or alternative nicotine product store" means the same as defined in § 26-57-203 ; (B) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products, other than vapor products, alternative nicotine products, e-liquid products, and accessories, and in which the sale of other products is merely incidental; and (C) "Self-service display" means a display: (i) That contains a cigarette product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product; (ii) That is located in an area where customers are permitted; and (iii) In which the cigarette product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product is readily accessible to a customer without the assistance of a salesperson. (h) (1) (A) Except as provided in subdivision (h)(2) of this section, it is unlawful for any person who owns or leases a tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine to place a tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine in a public place. (B) As used in subdivision (h)(1)(A) of this section, "public place" means a publicly or privately owned place to which the public or a substantial number of people have access. (2) A tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine may be placed in a: (A) Restricted area within a factory, business, office, or other structure to which a member of the general public is not given access; (B) Permitted premises that has a permit for the sale or dispensing of an alcoholic beverage for on-premises consumption that restricts entry to a person twenty-one (21) years of age or older; or (C) Place where the tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine is under the supervision of the owner or an employee of the owner. (i) Any retail permit holder or license holder who violates any provision in this section is deemed guilty of a violation and subject to penalties under § 26-57-256 . (j) (1) A notice of alleged violation of this section shall be given to the holder of a retail permit or license or an agent of the holder within ten (10) days of the alleged violation. (2) (A) The notice shall contain the date and time of the alleged violation. (B) (i) The notice shall also include either the name of the person making the alleged sale or information reasonably necessary to determine the location in the store that allegedly made the sale. (ii) When appropriate, information under subdivision (j)(2)(B)(i) of this section should include, but not be limited to, the: (a) Cash register number; (b) Physical location of the sale in the store; and (c) If possible, the lane or aisle number. (k) Notwithstanding the provisions of subsection (i) of this section, the court shall consider the following factors when reviewing a possible violation: (1) The business has adopted and enforced a written policy against selling cigarettes, tobacco products, vapor products, alternative nicotine products, or e-liquid products to minors; (2) The business has informed its employees of the applicable laws regarding the sale of cigarettes, tobacco products, vapor products, alternative nicotine products, and e-liquid products to minors; (3) The business has required employees to verify the age of a cigarette, tobacco product, vapor product, alternative nicotine product, or e-liquid product customer by way of photographic identification; (4) The business has established and imposed disciplinary sanctions for noncompliance; and (5) That the appearance of the purchaser of the tobacco in any form, vapor product, alternative nicotine product, e-liquid product, or cigarette papers was such that an ordinary prudent person would believe him or her to be of legal age to make the purchase. (l) A person convicted of violating any provision of this section whose permit or license to distribute or sell a tobacco product, vapor product, alternative nicotine product, or e-liquid product is suspended or revoked upon conviction shall surrender to the court any permit or license to distribute or sell a tobacco product, and the court shall transmit the permit or license to distribute or sell a tobacco product, vapor product, alternative nicotine product, or e-liquid product to the Director of Arkansas Tobacco Control: (1) To suspend or revoke the person's permit or license to distribute or sell a tobacco product, vapor product, alternative nicotine product, or e-liquid product and to not renew the permit or license; and (2) Not to issue any new permit or license to that person for the period of time determined by the court in accordance with this section. (m) (1) As used in this section, "minor" means a person who is under twenty-one (21) years of age. (2) "Minor" does not include a person who: (A) Is under twenty-one (21) years of age if the person presents a military identification card establishing that he or she is a member of the United States Armed Forces; or (B) Has attained nineteen (19) years of age as of December 31, 2019. Amended by Act 2019, No. 580,§ 3, eff. 9/1/2019. Amended by Act 2019, No. 580,§ 2, eff. 9/1/2019. Amended by Act 2017, No. 913,§ 16, eff. 8/1/2017. Amended by Act 2015, No. 1235,§ 30, eff. 5/1/2015. Amended by Act 2013, No. 1107,§ 1, eff. 8/16/2013. Acts 1929, No. 152, § 26; Pope's Dig., § 13557; A.S.A. 1947, § 41-2465; Acts 1991, No. 543, § 1; 1997, No. 1337, § 24; 1999, No. 1591, §§ 1, 3; 2003, No. 846, § 1; 2007, No. 165, § 1; 2009, No. 748, § 17; 2009, No. 785, § 6.

(a) (1) It is unlawful for any person to give, barter, or sell to a minor: (A) Tobacco in any form; (B) Cigarette paper; or (C) A vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product. (2) Except as provided in subdivision (a)(3) of this section, a person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section is guilty of a Class A misdemeanor. (3) An employee or owner of a retail location permitted under § 26-57-215 who violates subdivision (a)(1) of this section while inside the retail location upon conviction is subject to a fine not to exceed one hundred dollars ($100) per violation.

(1) It is unlawful for any person to give, barter, or sell to a minor: (A) Tobacco in any form; (B) Cigarette paper; or (C) A vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product.

(A) Tobacco in any form;

(B) Cigarette paper; or

(C) A vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product.

(2) Except as provided in subdivision (a)(3) of this section, a person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section is guilty of a Class A misdemeanor.

(3) An employee or owner of a retail location permitted under § 26-57-215 who violates subdivision (a)(1) of this section while inside the retail location upon conviction is subject to a fine not to exceed one hundred dollars ($100) per violation.

(b) (1) It is unlawful for a minor to: (A) Use or possess or to purchase, or attempt to purchase: (i) Tobacco in any form; (ii) Cigarette papers; or (iii) A vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product; or (B) For the purpose of obtaining or attempting to obtain tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers, falsely represent himself or herself not to be a minor by displaying proof of age that is false, fraudulent, or not actually proof of the minor's age. (2) Any cigarettes, tobacco products, or cigarette papers found in the possession of a minor may be confiscated and destroyed by a law enforcement officer.

(1) It is unlawful for a minor to: (A) Use or possess or to purchase, or attempt to purchase: (i) Tobacco in any form; (ii) Cigarette papers; or (iii) A vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product; or (B) For the purpose of obtaining or attempting to obtain tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers, falsely represent himself or herself not to be a minor by displaying proof of age that is false, fraudulent, or not actually proof of the minor's age.

(A) Use or possess or to purchase, or attempt to purchase: (i) Tobacco in any form; (ii) Cigarette papers; or (iii) A vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product; or

(i) Tobacco in any form;

(ii) Cigarette papers; or

(iii) A vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product; or

(B) For the purpose of obtaining or attempting to obtain tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers, falsely represent himself or herself not to be a minor by displaying proof of age that is false, fraudulent, or not actually proof of the minor's age.

(2) Any cigarettes, tobacco products, or cigarette papers found in the possession of a minor may be confiscated and destroyed by a law enforcement officer.

(c) (1) It is not an offense under subsection (b) of this section if: (A) The minor was acting at the direction of an authorized agent of Arkansas Tobacco Control to enforce or ensure compliance with laws relating to the prohibition of the sale of tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers to minors; (B) The minor was acting at the direction of an authorized agent of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to compile statistical data relating to the sale of tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers to minors; (C) The minor was acting at the request of an Arkansas Retail Cigarette, Tobacco, Vapor Product, and Alternative Nicotine Product permit holder or a retail exclusive vapor product and alternative nicotine product store permit holder to assist the permit holder by performing a check on the permit holder's own retail business to see if the permit holder's employees would sell tobacco, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers to the minor; or (D) The minor was acting as an agent of a retail permit holder within the scope of employment. (2) A minor performing activities under subdivision (c)(1) of this section shall: (A) Display the appearance of a minor; (B) Have the written consent of the minor's parent or guardian to perform the activity on file with the agency utilizing the minor; and (C) (i) Present a true and correct identification if asked. (ii) Any failure on the part of a minor to provide true and correct identification upon request is a defense to any action under this section or a civil action under § 26-57-256 .

(1) It is not an offense under subsection (b) of this section if: (A) The minor was acting at the direction of an authorized agent of Arkansas Tobacco Control to enforce or ensure compliance with laws relating to the prohibition of the sale of tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers to minors; (B) The minor was acting at the direction of an authorized agent of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to compile statistical data relating to the sale of tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers to minors; (C) The minor was acting at the request of an Arkansas Retail Cigarette, Tobacco, Vapor Product, and Alternative Nicotine Product permit holder or a retail exclusive vapor product and alternative nicotine product store permit holder to assist the permit holder by performing a check on the permit holder's own retail business to see if the permit holder's employees would sell tobacco, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers to the minor; or (D) The minor was acting as an agent of a retail permit holder within the scope of employment.

(A) The minor was acting at the direction of an authorized agent of Arkansas Tobacco Control to enforce or ensure compliance with laws relating to the prohibition of the sale of tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers to minors;

(B) The minor was acting at the direction of an authorized agent of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to compile statistical data relating to the sale of tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers to minors;

(C) The minor was acting at the request of an Arkansas Retail Cigarette, Tobacco, Vapor Product, and Alternative Nicotine Product permit holder or a retail exclusive vapor product and alternative nicotine product store permit holder to assist the permit holder by performing a check on the permit holder's own retail business to see if the permit holder's employees would sell tobacco, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or cigarette papers to the minor; or

(D) The minor was acting as an agent of a retail permit holder within the scope of employment.

(2) A minor performing activities under subdivision (c)(1) of this section shall: (A) Display the appearance of a minor; (B) Have the written consent of the minor's parent or guardian to perform the activity on file with the agency utilizing the minor; and (C) (i) Present a true and correct identification if asked. (ii) Any failure on the part of a minor to provide true and correct identification upon request is a defense to any action under this section or a civil action under § 26-57-256 .

(A) Display the appearance of a minor;

(B) Have the written consent of the minor's parent or guardian to perform the activity on file with the agency utilizing the minor; and

(C) (i) Present a true and correct identification if asked. (ii) Any failure on the part of a minor to provide true and correct identification upon request is a defense to any action under this section or a civil action under § 26-57-256 .

(i) Present a true and correct identification if asked.

(ii) Any failure on the part of a minor to provide true and correct identification upon request is a defense to any action under this section or a civil action under § 26-57-256 .

(d) Any person who sells tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component thereof, or a cigarette paper has the right to deny the sale of any tobacco in any form, a vapor product, alternative nicotine product, e-liquid product, any component of a vapor product, alternative nicotine product, or e-liquid product, or a cigarette paper to any person.

(e) It is unlawful for any person who has been issued a permit or a license under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., to fail to display in a conspicuous place or on each vending machine a sign indicating that the sale of tobacco products, vapor products, alternative nicotine products, e-liquid products, or any component of a vapor product, alternative nicotine product, or e-liquid product to or purchase or possession of tobacco products by a minor is prohibited by law.

(f) It is unlawful for any manufacturer whose tobacco product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product is distributed in this state and any person who has been issued a permit or license under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., to distribute a free sample of any tobacco product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product or coupon that entitles the holder of the coupon to any free sample of any tobacco product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product: (1) In or on any public street or sidewalk within five hundred feet (500') of any playground, public school, or other facility when the playground, public school, or other facility is being used primarily by minors for recreational, educational, or other purposes; or (2) To any minor.

(1) In or on any public street or sidewalk within five hundred feet (500') of any playground, public school, or other facility when the playground, public school, or other facility is being used primarily by minors for recreational, educational, or other purposes; or

(2) To any minor.

(g) (1) (A) It is unlawful for any person that has been issued a permit or license under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., to sell or distribute a cigarette product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product through a self-service display. (B) Subdivision (g)(1)(A) of this section does not apply to a: (i) Vending machine that complies with subdivision (h)(1)(A) of this section; (ii) Retail tobacco store; or (iii) Retail exclusive vapor product or alternative nicotine product store. (2) As used in subdivision (g)(1) of this section: (A) "Retail exclusive vapor product or alternative nicotine product store" means the same as defined in § 26-57-203 ; (B) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products, other than vapor products, alternative nicotine products, e-liquid products, and accessories, and in which the sale of other products is merely incidental; and (C) "Self-service display" means a display: (i) That contains a cigarette product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product; (ii) That is located in an area where customers are permitted; and (iii) In which the cigarette product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product is readily accessible to a customer without the assistance of a salesperson.

(1) (A) It is unlawful for any person that has been issued a permit or license under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., to sell or distribute a cigarette product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product through a self-service display. (B) Subdivision (g)(1)(A) of this section does not apply to a: (i) Vending machine that complies with subdivision (h)(1)(A) of this section; (ii) Retail tobacco store; or (iii) Retail exclusive vapor product or alternative nicotine product store.

(A) It is unlawful for any person that has been issued a permit or license under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., to sell or distribute a cigarette product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product through a self-service display.

(B) Subdivision (g)(1)(A) of this section does not apply to a: (i) Vending machine that complies with subdivision (h)(1)(A) of this section; (ii) Retail tobacco store; or (iii) Retail exclusive vapor product or alternative nicotine product store.

(i) Vending machine that complies with subdivision (h)(1)(A) of this section;

(ii) Retail tobacco store; or

(iii) Retail exclusive vapor product or alternative nicotine product store.

(2) As used in subdivision (g)(1) of this section: (A) "Retail exclusive vapor product or alternative nicotine product store" means the same as defined in § 26-57-203 ; (B) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products, other than vapor products, alternative nicotine products, e-liquid products, and accessories, and in which the sale of other products is merely incidental; and (C) "Self-service display" means a display: (i) That contains a cigarette product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product; (ii) That is located in an area where customers are permitted; and (iii) In which the cigarette product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product is readily accessible to a customer without the assistance of a salesperson.

(A) "Retail exclusive vapor product or alternative nicotine product store" means the same as defined in § 26-57-203 ;

(B) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products, other than vapor products, alternative nicotine products, e-liquid products, and accessories, and in which the sale of other products is merely incidental; and

(C) "Self-service display" means a display: (i) That contains a cigarette product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product; (ii) That is located in an area where customers are permitted; and (iii) In which the cigarette product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product is readily accessible to a customer without the assistance of a salesperson.

(i) That contains a cigarette product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product;

(ii) That is located in an area where customers are permitted; and

(iii) In which the cigarette product, vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, alternative nicotine product, or e-liquid product is readily accessible to a customer without the assistance of a salesperson.

(h) (1) (A) Except as provided in subdivision (h)(2) of this section, it is unlawful for any person who owns or leases a tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine to place a tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine in a public place. (B) As used in subdivision (h)(1)(A) of this section, "public place" means a publicly or privately owned place to which the public or a substantial number of people have access. (2) A tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine may be placed in a: (A) Restricted area within a factory, business, office, or other structure to which a member of the general public is not given access; (B) Permitted premises that has a permit for the sale or dispensing of an alcoholic beverage for on-premises consumption that restricts entry to a person twenty-one (21) years of age or older; or (C) Place where the tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine is under the supervision of the owner or an employee of the owner.

(1) (A) Except as provided in subdivision (h)(2) of this section, it is unlawful for any person who owns or leases a tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine to place a tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine in a public place. (B) As used in subdivision (h)(1)(A) of this section, "public place" means a publicly or privately owned place to which the public or a substantial number of people have access.

(A) Except as provided in subdivision (h)(2) of this section, it is unlawful for any person who owns or leases a tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine to place a tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine in a public place.

(B) As used in subdivision (h)(1)(A) of this section, "public place" means a publicly or privately owned place to which the public or a substantial number of people have access.

(2) A tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine may be placed in a: (A) Restricted area within a factory, business, office, or other structure to which a member of the general public is not given access; (B) Permitted premises that has a permit for the sale or dispensing of an alcoholic beverage for on-premises consumption that restricts entry to a person twenty-one (21) years of age or older; or (C) Place where the tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine is under the supervision of the owner or an employee of the owner.

(A) Restricted area within a factory, business, office, or other structure to which a member of the general public is not given access;

(B) Permitted premises that has a permit for the sale or dispensing of an alcoholic beverage for on-premises consumption that restricts entry to a person twenty-one (21) years of age or older; or

(C) Place where the tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine is under the supervision of the owner or an employee of the owner.

(i) Any retail permit holder or license holder who violates any provision in this section is deemed guilty of a violation and subject to penalties under § 26-57-256 .

(j) (1) A notice of alleged violation of this section shall be given to the holder of a retail permit or license or an agent of the holder within ten (10) days of the alleged violation. (2) (A) The notice shall contain the date and time of the alleged violation. (B) (i) The notice shall also include either the name of the person making the alleged sale or information reasonably necessary to determine the location in the store that allegedly made the sale. (ii) When appropriate, information under subdivision (j)(2)(B)(i) of this section should include, but not be limited to, the: (a) Cash register number; (b) Physical location of the sale in the store; and (c) If possible, the lane or aisle number.

(1) A notice of alleged violation of this section shall be given to the holder of a retail permit or license or an agent of the holder within ten (10) days of the alleged violation.

(2) (A) The notice shall contain the date and time of the alleged violation. (B) (i) The notice shall also include either the name of the person making the alleged sale or information reasonably necessary to determine the location in the store that allegedly made the sale. (ii) When appropriate, information under subdivision (j)(2)(B)(i) of this section should include, but not be limited to, the: (a) Cash register number; (b) Physical location of the sale in the store; and (c) If possible, the lane or aisle number.

(A) The notice shall contain the date and time of the alleged violation.

(B) (i) The notice shall also include either the name of the person making the alleged sale or information reasonably necessary to determine the location in the store that allegedly made the sale. (ii) When appropriate, information under subdivision (j)(2)(B)(i) of this section should include, but not be limited to, the: (a) Cash register number; (b) Physical location of the sale in the store; and (c) If possible, the lane or aisle number.

(i) The notice shall also include either the name of the person making the alleged sale or information reasonably necessary to determine the location in the store that allegedly made the sale.

(ii) When appropriate, information under subdivision (j)(2)(B)(i) of this section should include, but not be limited to, the: (a) Cash register number; (b) Physical location of the sale in the store; and (c) If possible, the lane or aisle number.

(a) Cash register number;

(b) Physical location of the sale in the store; and

(c) If possible, the lane or aisle number.

(k) Notwithstanding the provisions of subsection (i) of this section, the court shall consider the following factors when reviewing a possible violation: (1) The business has adopted and enforced a written policy against selling cigarettes, tobacco products, vapor products, alternative nicotine products, or e-liquid products to minors; (2) The business has informed its employees of the applicable laws regarding the sale of cigarettes, tobacco products, vapor products, alternative nicotine products, and e-liquid products to minors; (3) The business has required employees to verify the age of a cigarette, tobacco product, vapor product, alternative nicotine product, or e-liquid product customer by way of photographic identification; (4) The business has established and imposed disciplinary sanctions for noncompliance; and (5) That the appearance of the purchaser of the tobacco in any form, vapor product, alternative nicotine product, e-liquid product, or cigarette papers was such that an ordinary prudent person would believe him or her to be of legal age to make the purchase.

(1) The business has adopted and enforced a written policy against selling cigarettes, tobacco products, vapor products, alternative nicotine products, or e-liquid products to minors;

(2) The business has informed its employees of the applicable laws regarding the sale of cigarettes, tobacco products, vapor products, alternative nicotine products, and e-liquid products to minors;

(3) The business has required employees to verify the age of a cigarette, tobacco product, vapor product, alternative nicotine product, or e-liquid product customer by way of photographic identification;

(4) The business has established and imposed disciplinary sanctions for noncompliance; and

(5) That the appearance of the purchaser of the tobacco in any form, vapor product, alternative nicotine product, e-liquid product, or cigarette papers was such that an ordinary prudent person would believe him or her to be of legal age to make the purchase.

(l) A person convicted of violating any provision of this section whose permit or license to distribute or sell a tobacco product, vapor product, alternative nicotine product, or e-liquid product is suspended or revoked upon conviction shall surrender to the court any permit or license to distribute or sell a tobacco product, and the court shall transmit the permit or license to distribute or sell a tobacco product, vapor product, alternative nicotine product, or e-liquid product to the Director of Arkansas Tobacco Control: (1) To suspend or revoke the person's permit or license to distribute or sell a tobacco product, vapor product, alternative nicotine product, or e-liquid product and to not renew the permit or license; and (2) Not to issue any new permit or license to that person for the period of time determined by the court in accordance with this section.

(1) To suspend or revoke the person's permit or license to distribute or sell a tobacco product, vapor product, alternative nicotine product, or e-liquid product and to not renew the permit or license; and

(2) Not to issue any new permit or license to that person for the period of time determined by the court in accordance with this section.

(m) (1) As used in this section, "minor" means a person who is under twenty-one (21) years of age. (2) "Minor" does not include a person who: (A) Is under twenty-one (21) years of age if the person presents a military identification card establishing that he or she is a member of the United States Armed Forces; or (B) Has attained nineteen (19) years of age as of December 31, 2019.

(1) As used in this section, "minor" means a person who is under twenty-one (21) years of age.

(2) "Minor" does not include a person who: (A) Is under twenty-one (21) years of age if the person presents a military identification card establishing that he or she is a member of the United States Armed Forces; or (B) Has attained nineteen (19) years of age as of December 31, 2019.

(A) Is under twenty-one (21) years of age if the person presents a military identification card establishing that he or she is a member of the United States Armed Forces; or

(B) Has attained nineteen (19) years of age as of December 31, 2019.

Amended by Act 2019, No. 580,§ 3, eff. 9/1/2019.

Amended by Act 2019, No. 580,§ 2, eff. 9/1/2019.

Amended by Act 2017, No. 913,§ 16, eff. 8/1/2017.

Amended by Act 2015, No. 1235,§ 30, eff. 5/1/2015.

Amended by Act 2013, No. 1107,§ 1, eff. 8/16/2013.

Acts 1929, No. 152, § 26; Pope's Dig., § 13557; A.S.A. 1947, § 41-2465; Acts 1991, No. 543, § 1; 1997, No. 1337, § 24; 1999, No. 1591, §§ 1, 3; 2003, No. 846, § 1; 2007, No. 165, § 1; 2009, No. 748, § 17; 2009, No. 785, § 6.
Ark. Code Ann. § 5-64-101 — AR Code / Title 5 / Chapter 64 / Subchapter 1 / Section 5-64-101
Definitions
Status: in_force

As used in this chapter: (1) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by: (A) A practitioner; or (B) The patient or research subject at the direction and in the presence of the practitioner; (2) (A) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. (B) "Agent" does not include a common or contract carrier, public warehouseman, or employee of the common or contract carrier or warehouseman; (3) (A) "Anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestin, and corticosteroid that promotes muscle growth. (B) (i) "Anabolic steroid" does not include an anabolic steroid that is expressly intended for administration through an implant to cattle or another nonhuman species and that has been approved by the Secretary of the Department of Health for such administration. (ii) If any person prescribes, dispenses, or distributes a steroid described in subdivision (3)(B)(i) of this section for human use, the person is considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subdivision (3); (4) "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through VI; (5) (A) "Counterfeit substance" means a noncontrolled substance, that by overall dosage unit appearance including color, shape, size, markings, packaging, labeling, and overall appearance or upon the basis of representations made to the recipient, purports to be a controlled substance or to have the physical or psychological effect associated with a controlled substance. (B) In determining whether a substance is a "counterfeit substance", the following factors shall be utilized and a finding of any two (2) of these factors constitutes prima facie evidence that the substance is a "counterfeit substance": (i) A statement made by an owner or by anyone else in control of the substance concerning the nature of the substance, its use, or effect; (ii) The physical appearance of the finished product containing the noncontrolled substance is substantially the same as that of a specific controlled substance; (iii) The noncontrolled substance is unpackaged or is packaged in a manner normally used for the illegal delivery of a controlled substance; (iv) The noncontrolled substance is not labeled in accordance with 21 U.S.C. § 352 or 21 U.S.C. § 353 ; (v) The person delivering, attempting to deliver, or causing delivery of the noncontrolled substance states or represents to the recipient that the noncontrolled substance may be resold at a price that substantially exceeds the value of the substance; (vi) An evasive tactic or action utilized by the owner or person in control of the substance to avoid detection by a law enforcement authority; or (vii) A prior conviction, if any, of an owner, or anyone in control of the object under a state or federal law related to a controlled substance or fraud; (6) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one (1) person to another of a controlled substance or counterfeit substance in exchange for money or anything of value, whether or not there is an agency relationship; (7) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the controlled substance for that delivery; (8) "Dispenser" means a practitioner who dispenses; (9) "Distribute" means to deliver other than by administering or dispensing a controlled substance; (10) "Distributor" means a person who distributes; (11) (A) "Drug" means a substance: (i) Recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them; (ii) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (iii) Other than food intended to affect the structure or any function of the body of humans or animals; and (iv) Intended for use as a component of any article specified in subdivision (11)(A)(i), subdivision (11)(A)(ii), or subdivision (11)(A)(iii) of this section. (B) "Drug" does not include a device or its components, parts, or accessories; (12) (A) "Drug paraphernalia" means any equipment, product, and material of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. (B) "Drug paraphernalia" includes, but is not limited to: (i) A kit used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant that is a controlled substance or from which a controlled substance can be derived; (ii) A kit used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance; (iii) An isomerization device used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance; (iv) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance; (v) A scale or balance used, intended for use, or designed for use in weighing or measuring a controlled substance; (vi) A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose used, intended for use, or designed for use in cutting a controlled substance; (vii) A separation gin or sifter used, intended for use, or designed for use in removing a twig or seed from, or in otherwise cleaning or refining, marijuana; (viii) A blender, bowl, container, spoon, or mixing device used, intended for use, or designed for use in compounding a controlled substance; (ix) A capsule, balloon, envelope, or other container used, intended for use, or designed for use in packaging a small quantity of a controlled substance; (x) A container or other object used, intended for use, or designed for use in storing or concealing a controlled substance; (xi) A hypodermic syringe, needle, or other object used, intended for use, or designed for use in parenterally injecting a controlled substance into the human body; and (xii) An object used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, such as: (a) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (b) A water pipe; (c) A carburetion tube or device; (d) A smoking or carburetion mask; (e) A roach clip, meaning an object used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand; (f) A miniature cocaine spoon or cocaine vial; (g) A chamber pipe; (h) A carburetor pipe; (i) An electric pipe; (j) An air-driven pipe; (k) A chillum; (l) A bong; (m) An ice pipe or chiller; and (n) An aluminum foil boat. (C) In determining whether an object is "drug paraphernalia", a court or other authority shall consider, in addition to any other logically relevant factor, the following: (i) A statement by an owner or by anyone in control of the object concerning its use; (ii) A prior conviction, if any, of an owner or of anyone in control of the object under any state or federal law relating to any controlled substance; (iii) The proximity of the object in time and space to a direct violation of this chapter; (iv) The proximity of the object to a controlled substance; (v) The existence of any residue of a controlled substance on the object; (vi) (a) Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to a person whom he or she knows, or should reasonably know, intends to use the object to facilitate a violation of this chapter. (b) The innocence of an owner or of anyone in control of the object as to a direct violation of this chapter does not prevent a finding that the object is intended for use or designed for use as "drug paraphernalia"; (vii) An oral or written instruction provided with the object concerning its use; (viii) Descriptive materials accompanying the object that explain or depict its use; (ix) National and local advertising concerning the object's use; (x) The manner in which the object is displayed for sale; (xi) Whether the owner or anyone in control of the object is a legitimate supplier of a like or related item to the community, such as a licensed distributor or dealer of a tobacco product; (xii) Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise; (xiii) The existence and scope of legitimate uses for the object in the community; and (xiv) Expert testimony concerning the object's use. (D) "Drug paraphernalia" does not include a disposable, single-use test strip that can detect the presence of fentanyl or fentanyl analogs in a substance; (13) "Fentanyl" means the opioid known as fentanyl, an analog of fentanyl that is a fentanyl-related controlled substance, and any chemical structure modification to fentanyl or a fentanyl analog, including without limitation the isomers, esters, ethers, and salts of fentanyl; (14) "Immediate precursor" means a substance that the secretary has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture; (15) (A) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from a substance of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. (B) "Manufacture" includes any packaging or repackaging of a controlled substance or labeling or relabeling of a controlled substance's container. (C) However, "manufacture" does not include the preparation or compounding of a controlled substance by an individual for his or her own use or the preparation, compounding, packaging, or labeling of a controlled substance: (i) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or (ii) By a practitioner or by his or her authorized agent under his or her supervision for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale; (16) (A) "Marijuana" means: (i) Any part and any variety or species, or both, of the Cannabis plant that contains THC (Tetrahydrocannabinol) whether growing or not; (ii) The seeds of the plant; (iii) The resin extracted from any part of the plant; and (iv) Every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. (B) "Marijuana" does not include: (i) The mature stalks of the plant; (ii) Fiber produced from the stalks; (iii) Oil or cake made from the seeds of the plant; (iv) Any other compound, manufacture, salt, derivative, mixture, or preparation of the: (a) Mature stalks, except the resin extracted from the mature stalks; (b) Fiber; (c) Oil; or (d) Cake; (v) The sterilized seed of the plant that is incapable of germination; or (vi) Hemp-derived cannabidiol that: (a) Contains not more than three-tenths of one percent (0.3%) of delta-9 tetrahydrocannabinol (THC) on a dry weight basis as verified by a nationally accredited laboratory for quality, purity, and accuracy standards; and (b) Is not approved by the United States Food and Drug Administration for marketing as a medication; (17) (A) (i) "Narcotic drug" means any drug that is defined as a narcotic drug by order of the secretary. (ii) In the formulation of a definition of "narcotic drug", the secretary shall: (a) Include any drug that he or she finds is narcotic in character and by reason of being narcotic is dangerous to the public health or is promotive of addiction-forming or addiction-sustaining results upon the user that threaten harm to the public health, safety, or morals; and (b) Take into consideration the provisions of the federal narcotic laws as they exist from time to time and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the federal narcotic laws, so far as is possible under the standards established in this subdivision (17) and under the policy of this chapter. (B) "Narcotic drug" also means any of the following, whether produced directly or indirectly by extraction from a substance of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (i) (a) Opium, opiates, a derivative of opium or opiates, including their isomers, esters, and ethers whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation. (b) "Narcotic drug" does not include an isoquinoline alkaloid of opium; (ii) Poppy straw and concentrate of poppy straw; (iii) Coca leaves, except coca leaves and extracts of coca leaves from which cocaines, ecgonine, and derivatives of ecgonine or their salts have been removed; (iv) Cocaine, its salts, optical and geometric isomers, and salts of isomers; (v) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (vi) Any compound, mixture, or preparation that contains any quantity of any substance referred to in subdivisions (17)(B)(i)-(v) of this section; (18) "Noncontrolled substance" means any liquid, substance, or material not listed in Schedules I through VI of the Schedules of Controlled Substances promulgated by the secretary; (19) "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity; (20) "Practitioner" means: (A) A physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; and (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (21) "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance; (22) "State" when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America; and (23) "Ultimate user" means a person who lawfully possesses a controlled substance for: (A) The person's own use; (B) The use of a member of the person's household; or (C) Administering to an animal owned by the person or by a member of his or her household. Amended by Act 2023, No. 629,§ 4, eff. 4/11/2023. Amended by Act 2023, No. 584,§ 3, eff. 4/11/2023. Amended by Act 2021, No. 887,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 504,§ 1, eff. 7/24/2019. Acts 1971, No. 590, Art. 1, § 1; 1975Amended by Act 2019, No. 910,§ 4830, eff. 7/1/2019. , No. 243, § 1; 1975, No. 305, § 1; 1979, No. 898, §§ 1, 2; 1981, No. 78, § 1; 1981, No. 116, § 1; 1983, No. 787, §§ 1, 2; A.S.A. 1947, § 82-2601; Acts 1987, No. 42, § 2; 1991, No. 570, § 1; 1995, No. 1296, § 7; 2005, No. 1994, § 301; 2007, No. 199, § 1; 2007, No. 827, §§ 52-55.

As used in this chapter:

(1) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by: (A) A practitioner; or (B) The patient or research subject at the direction and in the presence of the practitioner;

(A) A practitioner; or

(B) The patient or research subject at the direction and in the presence of the practitioner;

(2) (A) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. (B) "Agent" does not include a common or contract carrier, public warehouseman, or employee of the common or contract carrier or warehouseman;

(A) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.

(B) "Agent" does not include a common or contract carrier, public warehouseman, or employee of the common or contract carrier or warehouseman;

(3) (A) "Anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestin, and corticosteroid that promotes muscle growth. (B) (i) "Anabolic steroid" does not include an anabolic steroid that is expressly intended for administration through an implant to cattle or another nonhuman species and that has been approved by the Secretary of the Department of Health for such administration. (ii) If any person prescribes, dispenses, or distributes a steroid described in subdivision (3)(B)(i) of this section for human use, the person is considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subdivision (3);

(A) "Anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestin, and corticosteroid that promotes muscle growth.

(B) (i) "Anabolic steroid" does not include an anabolic steroid that is expressly intended for administration through an implant to cattle or another nonhuman species and that has been approved by the Secretary of the Department of Health for such administration. (ii) If any person prescribes, dispenses, or distributes a steroid described in subdivision (3)(B)(i) of this section for human use, the person is considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subdivision (3);

(i) "Anabolic steroid" does not include an anabolic steroid that is expressly intended for administration through an implant to cattle or another nonhuman species and that has been approved by the Secretary of the Department of Health for such administration.

(ii) If any person prescribes, dispenses, or distributes a steroid described in subdivision (3)(B)(i) of this section for human use, the person is considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subdivision (3);

(4) "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through VI;

(5) (A) "Counterfeit substance" means a noncontrolled substance, that by overall dosage unit appearance including color, shape, size, markings, packaging, labeling, and overall appearance or upon the basis of representations made to the recipient, purports to be a controlled substance or to have the physical or psychological effect associated with a controlled substance. (B) In determining whether a substance is a "counterfeit substance", the following factors shall be utilized and a finding of any two (2) of these factors constitutes prima facie evidence that the substance is a "counterfeit substance": (i) A statement made by an owner or by anyone else in control of the substance concerning the nature of the substance, its use, or effect; (ii) The physical appearance of the finished product containing the noncontrolled substance is substantially the same as that of a specific controlled substance; (iii) The noncontrolled substance is unpackaged or is packaged in a manner normally used for the illegal delivery of a controlled substance; (iv) The noncontrolled substance is not labeled in accordance with 21 U.S.C. § 352 or 21 U.S.C. § 353 ; (v) The person delivering, attempting to deliver, or causing delivery of the noncontrolled substance states or represents to the recipient that the noncontrolled substance may be resold at a price that substantially exceeds the value of the substance; (vi) An evasive tactic or action utilized by the owner or person in control of the substance to avoid detection by a law enforcement authority; or (vii) A prior conviction, if any, of an owner, or anyone in control of the object under a state or federal law related to a controlled substance or fraud;

(A) "Counterfeit substance" means a noncontrolled substance, that by overall dosage unit appearance including color, shape, size, markings, packaging, labeling, and overall appearance or upon the basis of representations made to the recipient, purports to be a controlled substance or to have the physical or psychological effect associated with a controlled substance.

(B) In determining whether a substance is a "counterfeit substance", the following factors shall be utilized and a finding of any two (2) of these factors constitutes prima facie evidence that the substance is a "counterfeit substance": (i) A statement made by an owner or by anyone else in control of the substance concerning the nature of the substance, its use, or effect; (ii) The physical appearance of the finished product containing the noncontrolled substance is substantially the same as that of a specific controlled substance; (iii) The noncontrolled substance is unpackaged or is packaged in a manner normally used for the illegal delivery of a controlled substance; (iv) The noncontrolled substance is not labeled in accordance with 21 U.S.C. § 352 or 21 U.S.C. § 353 ; (v) The person delivering, attempting to deliver, or causing delivery of the noncontrolled substance states or represents to the recipient that the noncontrolled substance may be resold at a price that substantially exceeds the value of the substance; (vi) An evasive tactic or action utilized by the owner or person in control of the substance to avoid detection by a law enforcement authority; or (vii) A prior conviction, if any, of an owner, or anyone in control of the object under a state or federal law related to a controlled substance or fraud;

(i) A statement made by an owner or by anyone else in control of the substance concerning the nature of the substance, its use, or effect;

(ii) The physical appearance of the finished product containing the noncontrolled substance is substantially the same as that of a specific controlled substance;

(iii) The noncontrolled substance is unpackaged or is packaged in a manner normally used for the illegal delivery of a controlled substance;

(iv) The noncontrolled substance is not labeled in accordance with 21 U.S.C. § 352 or 21 U.S.C. § 353 ;

(v) The person delivering, attempting to deliver, or causing delivery of the noncontrolled substance states or represents to the recipient that the noncontrolled substance may be resold at a price that substantially exceeds the value of the substance;

(vi) An evasive tactic or action utilized by the owner or person in control of the substance to avoid detection by a law enforcement authority; or

(vii) A prior conviction, if any, of an owner, or anyone in control of the object under a state or federal law related to a controlled substance or fraud;

(6) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one (1) person to another of a controlled substance or counterfeit substance in exchange for money or anything of value, whether or not there is an agency relationship;

(7) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the controlled substance for that delivery;

(8) "Dispenser" means a practitioner who dispenses;

(9) "Distribute" means to deliver other than by administering or dispensing a controlled substance;

(10) "Distributor" means a person who distributes;

(11) (A) "Drug" means a substance: (i) Recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them; (ii) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (iii) Other than food intended to affect the structure or any function of the body of humans or animals; and (iv) Intended for use as a component of any article specified in subdivision (11)(A)(i), subdivision (11)(A)(ii), or subdivision (11)(A)(iii) of this section. (B) "Drug" does not include a device or its components, parts, or accessories;

(A) "Drug" means a substance: (i) Recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them; (ii) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (iii) Other than food intended to affect the structure or any function of the body of humans or animals; and (iv) Intended for use as a component of any article specified in subdivision (11)(A)(i), subdivision (11)(A)(ii), or subdivision (11)(A)(iii) of this section.

(i) Recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them;

(ii) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

(iii) Other than food intended to affect the structure or any function of the body of humans or animals; and

(iv) Intended for use as a component of any article specified in subdivision (11)(A)(i), subdivision (11)(A)(ii), or subdivision (11)(A)(iii) of this section.

(B) "Drug" does not include a device or its components, parts, or accessories;

(12) (A) "Drug paraphernalia" means any equipment, product, and material of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. (B) "Drug paraphernalia" includes, but is not limited to: (i) A kit used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant that is a controlled substance or from which a controlled substance can be derived; (ii) A kit used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance; (iii) An isomerization device used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance; (iv) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance; (v) A scale or balance used, intended for use, or designed for use in weighing or measuring a controlled substance; (vi) A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose used, intended for use, or designed for use in cutting a controlled substance; (vii) A separation gin or sifter used, intended for use, or designed for use in removing a twig or seed from, or in otherwise cleaning or refining, marijuana; (viii) A blender, bowl, container, spoon, or mixing device used, intended for use, or designed for use in compounding a controlled substance; (ix) A capsule, balloon, envelope, or other container used, intended for use, or designed for use in packaging a small quantity of a controlled substance; (x) A container or other object used, intended for use, or designed for use in storing or concealing a controlled substance; (xi) A hypodermic syringe, needle, or other object used, intended for use, or designed for use in parenterally injecting a controlled substance into the human body; and (xii) An object used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, such as: (a) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (b) A water pipe; (c) A carburetion tube or device; (d) A smoking or carburetion mask; (e) A roach clip, meaning an object used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand; (f) A miniature cocaine spoon or cocaine vial; (g) A chamber pipe; (h) A carburetor pipe; (i) An electric pipe; (j) An air-driven pipe; (k) A chillum; (l) A bong; (m) An ice pipe or chiller; and (n) An aluminum foil boat. (C) In determining whether an object is "drug paraphernalia", a court or other authority shall consider, in addition to any other logically relevant factor, the following: (i) A statement by an owner or by anyone in control of the object concerning its use; (ii) A prior conviction, if any, of an owner or of anyone in control of the object under any state or federal law relating to any controlled substance; (iii) The proximity of the object in time and space to a direct violation of this chapter; (iv) The proximity of the object to a controlled substance; (v) The existence of any residue of a controlled substance on the object; (vi) (a) Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to a person whom he or she knows, or should reasonably know, intends to use the object to facilitate a violation of this chapter. (b) The innocence of an owner or of anyone in control of the object as to a direct violation of this chapter does not prevent a finding that the object is intended for use or designed for use as "drug paraphernalia"; (vii) An oral or written instruction provided with the object concerning its use; (viii) Descriptive materials accompanying the object that explain or depict its use; (ix) National and local advertising concerning the object's use; (x) The manner in which the object is displayed for sale; (xi) Whether the owner or anyone in control of the object is a legitimate supplier of a like or related item to the community, such as a licensed distributor or dealer of a tobacco product; (xii) Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise; (xiii) The existence and scope of legitimate uses for the object in the community; and (xiv) Expert testimony concerning the object's use. (D) "Drug paraphernalia" does not include a disposable, single-use test strip that can detect the presence of fentanyl or fentanyl analogs in a substance;

(A) "Drug paraphernalia" means any equipment, product, and material of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.

(B) "Drug paraphernalia" includes, but is not limited to: (i) A kit used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant that is a controlled substance or from which a controlled substance can be derived; (ii) A kit used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance; (iii) An isomerization device used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance; (iv) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance; (v) A scale or balance used, intended for use, or designed for use in weighing or measuring a controlled substance; (vi) A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose used, intended for use, or designed for use in cutting a controlled substance; (vii) A separation gin or sifter used, intended for use, or designed for use in removing a twig or seed from, or in otherwise cleaning or refining, marijuana; (viii) A blender, bowl, container, spoon, or mixing device used, intended for use, or designed for use in compounding a controlled substance; (ix) A capsule, balloon, envelope, or other container used, intended for use, or designed for use in packaging a small quantity of a controlled substance; (x) A container or other object used, intended for use, or designed for use in storing or concealing a controlled substance; (xi) A hypodermic syringe, needle, or other object used, intended for use, or designed for use in parenterally injecting a controlled substance into the human body; and (xii) An object used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, such as: (a) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (b) A water pipe; (c) A carburetion tube or device; (d) A smoking or carburetion mask; (e) A roach clip, meaning an object used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand; (f) A miniature cocaine spoon or cocaine vial; (g) A chamber pipe; (h) A carburetor pipe; (i) An electric pipe; (j) An air-driven pipe; (k) A chillum; (l) A bong; (m) An ice pipe or chiller; and (n) An aluminum foil boat.

(i) A kit used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant that is a controlled substance or from which a controlled substance can be derived;

(ii) A kit used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;

(iii) An isomerization device used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance;

(iv) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance;

(v) A scale or balance used, intended for use, or designed for use in weighing or measuring a controlled substance;

(vi) A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose used, intended for use, or designed for use in cutting a controlled substance;

(vii) A separation gin or sifter used, intended for use, or designed for use in removing a twig or seed from, or in otherwise cleaning or refining, marijuana;

(viii) A blender, bowl, container, spoon, or mixing device used, intended for use, or designed for use in compounding a controlled substance;

(ix) A capsule, balloon, envelope, or other container used, intended for use, or designed for use in packaging a small quantity of a controlled substance;

(x) A container or other object used, intended for use, or designed for use in storing or concealing a controlled substance;

(xi) A hypodermic syringe, needle, or other object used, intended for use, or designed for use in parenterally injecting a controlled substance into the human body; and

(xii) An object used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, such as: (a) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (b) A water pipe; (c) A carburetion tube or device; (d) A smoking or carburetion mask; (e) A roach clip, meaning an object used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand; (f) A miniature cocaine spoon or cocaine vial; (g) A chamber pipe; (h) A carburetor pipe; (i) An electric pipe; (j) An air-driven pipe; (k) A chillum; (l) A bong; (m) An ice pipe or chiller; and (n) An aluminum foil boat.

(a) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;

(b) A water pipe;

(c) A carburetion tube or device;

(d) A smoking or carburetion mask;

(e) A roach clip, meaning an object used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;

(f) A miniature cocaine spoon or cocaine vial;

(g) A chamber pipe;

(h) A carburetor pipe;

(i) An electric pipe;

(j) An air-driven pipe;

(k) A chillum;

(l) A bong;

(m) An ice pipe or chiller; and

(n) An aluminum foil boat.

(C) In determining whether an object is "drug paraphernalia", a court or other authority shall consider, in addition to any other logically relevant factor, the following: (i) A statement by an owner or by anyone in control of the object concerning its use; (ii) A prior conviction, if any, of an owner or of anyone in control of the object under any state or federal law relating to any controlled substance; (iii) The proximity of the object in time and space to a direct violation of this chapter; (iv) The proximity of the object to a controlled substance; (v) The existence of any residue of a controlled substance on the object; (vi) (a) Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to a person whom he or she knows, or should reasonably know, intends to use the object to facilitate a violation of this chapter. (b) The innocence of an owner or of anyone in control of the object as to a direct violation of this chapter does not prevent a finding that the object is intended for use or designed for use as "drug paraphernalia"; (vii) An oral or written instruction provided with the object concerning its use; (viii) Descriptive materials accompanying the object that explain or depict its use; (ix) National and local advertising concerning the object's use; (x) The manner in which the object is displayed for sale; (xi) Whether the owner or anyone in control of the object is a legitimate supplier of a like or related item to the community, such as a licensed distributor or dealer of a tobacco product; (xii) Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise; (xiii) The existence and scope of legitimate uses for the object in the community; and (xiv) Expert testimony concerning the object's use.

(i) A statement by an owner or by anyone in control of the object concerning its use;

(ii) A prior conviction, if any, of an owner or of anyone in control of the object under any state or federal law relating to any controlled substance;

(iii) The proximity of the object in time and space to a direct violation of this chapter;

(iv) The proximity of the object to a controlled substance;

(v) The existence of any residue of a controlled substance on the object;

(vi) (a) Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to a person whom he or she knows, or should reasonably know, intends to use the object to facilitate a violation of this chapter. (b) The innocence of an owner or of anyone in control of the object as to a direct violation of this chapter does not prevent a finding that the object is intended for use or designed for use as "drug paraphernalia";

(a) Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to a person whom he or she knows, or should reasonably know, intends to use the object to facilitate a violation of this chapter.

(b) The innocence of an owner or of anyone in control of the object as to a direct violation of this chapter does not prevent a finding that the object is intended for use or designed for use as "drug paraphernalia";

(vii) An oral or written instruction provided with the object concerning its use;

(viii) Descriptive materials accompanying the object that explain or depict its use;

(ix) National and local advertising concerning the object's use;

(x) The manner in which the object is displayed for sale;

(xi) Whether the owner or anyone in control of the object is a legitimate supplier of a like or related item to the community, such as a licensed distributor or dealer of a tobacco product;

(xii) Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise;

(xiii) The existence and scope of legitimate uses for the object in the community; and

(xiv) Expert testimony concerning the object's use.

(D) "Drug paraphernalia" does not include a disposable, single-use test strip that can detect the presence of fentanyl or fentanyl analogs in a substance;

(13) "Fentanyl" means the opioid known as fentanyl, an analog of fentanyl that is a fentanyl-related controlled substance, and any chemical structure modification to fentanyl or a fentanyl analog, including without limitation the isomers, esters, ethers, and salts of fentanyl;

(14) "Immediate precursor" means a substance that the secretary has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture;

(15) (A) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from a substance of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. (B) "Manufacture" includes any packaging or repackaging of a controlled substance or labeling or relabeling of a controlled substance's container. (C) However, "manufacture" does not include the preparation or compounding of a controlled substance by an individual for his or her own use or the preparation, compounding, packaging, or labeling of a controlled substance: (i) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or (ii) By a practitioner or by his or her authorized agent under his or her supervision for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale;

(A) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from a substance of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

(B) "Manufacture" includes any packaging or repackaging of a controlled substance or labeling or relabeling of a controlled substance's container.

(C) However, "manufacture" does not include the preparation or compounding of a controlled substance by an individual for his or her own use or the preparation, compounding, packaging, or labeling of a controlled substance: (i) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or (ii) By a practitioner or by his or her authorized agent under his or her supervision for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale;

(i) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or

(ii) By a practitioner or by his or her authorized agent under his or her supervision for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale;

(16) (A) "Marijuana" means: (i) Any part and any variety or species, or both, of the Cannabis plant that contains THC (Tetrahydrocannabinol) whether growing or not; (ii) The seeds of the plant; (iii) The resin extracted from any part of the plant; and (iv) Every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. (B) "Marijuana" does not include: (i) The mature stalks of the plant; (ii) Fiber produced from the stalks; (iii) Oil or cake made from the seeds of the plant; (iv) Any other compound, manufacture, salt, derivative, mixture, or preparation of the: (a) Mature stalks, except the resin extracted from the mature stalks; (b) Fiber; (c) Oil; or (d) Cake; (v) The sterilized seed of the plant that is incapable of germination; or (vi) Hemp-derived cannabidiol that: (a) Contains not more than three-tenths of one percent (0.3%) of delta-9 tetrahydrocannabinol (THC) on a dry weight basis as verified by a nationally accredited laboratory for quality, purity, and accuracy standards; and (b) Is not approved by the United States Food and Drug Administration for marketing as a medication;

(A) "Marijuana" means: (i) Any part and any variety or species, or both, of the Cannabis plant that contains THC (Tetrahydrocannabinol) whether growing or not; (ii) The seeds of the plant; (iii) The resin extracted from any part of the plant; and (iv) Every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.

(i) Any part and any variety or species, or both, of the Cannabis plant that contains THC (Tetrahydrocannabinol) whether growing or not;

(ii) The seeds of the plant;

(iii) The resin extracted from any part of the plant; and

(iv) Every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.

(B) "Marijuana" does not include: (i) The mature stalks of the plant; (ii) Fiber produced from the stalks; (iii) Oil or cake made from the seeds of the plant; (iv) Any other compound, manufacture, salt, derivative, mixture, or preparation of the: (a) Mature stalks, except the resin extracted from the mature stalks; (b) Fiber; (c) Oil; or (d) Cake; (v) The sterilized seed of the plant that is incapable of germination; or (vi) Hemp-derived cannabidiol that: (a) Contains not more than three-tenths of one percent (0.3%) of delta-9 tetrahydrocannabinol (THC) on a dry weight basis as verified by a nationally accredited laboratory for quality, purity, and accuracy standards; and (b) Is not approved by the United States Food and Drug Administration for marketing as a medication;

(i) The mature stalks of the plant;

(ii) Fiber produced from the stalks;

(iii) Oil or cake made from the seeds of the plant;

(iv) Any other compound, manufacture, salt, derivative, mixture, or preparation of the: (a) Mature stalks, except the resin extracted from the mature stalks; (b) Fiber; (c) Oil; or (d) Cake;

(a) Mature stalks, except the resin extracted from the mature stalks;

(b) Fiber;

(c) Oil; or

(d) Cake;

(v) The sterilized seed of the plant that is incapable of germination; or

(vi) Hemp-derived cannabidiol that: (a) Contains not more than three-tenths of one percent (0.3%) of delta-9 tetrahydrocannabinol (THC) on a dry weight basis as verified by a nationally accredited laboratory for quality, purity, and accuracy standards; and (b) Is not approved by the United States Food and Drug Administration for marketing as a medication;

(a) Contains not more than three-tenths of one percent (0.3%) of delta-9 tetrahydrocannabinol (THC) on a dry weight basis as verified by a nationally accredited laboratory for quality, purity, and accuracy standards; and

(b) Is not approved by the United States Food and Drug Administration for marketing as a medication;

(17) (A) (i) "Narcotic drug" means any drug that is defined as a narcotic drug by order of the secretary. (ii) In the formulation of a definition of "narcotic drug", the secretary shall: (a) Include any drug that he or she finds is narcotic in character and by reason of being narcotic is dangerous to the public health or is promotive of addiction-forming or addiction-sustaining results upon the user that threaten harm to the public health, safety, or morals; and (b) Take into consideration the provisions of the federal narcotic laws as they exist from time to time and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the federal narcotic laws, so far as is possible under the standards established in this subdivision (17) and under the policy of this chapter. (B) "Narcotic drug" also means any of the following, whether produced directly or indirectly by extraction from a substance of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (i) (a) Opium, opiates, a derivative of opium or opiates, including their isomers, esters, and ethers whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation. (b) "Narcotic drug" does not include an isoquinoline alkaloid of opium; (ii) Poppy straw and concentrate of poppy straw; (iii) Coca leaves, except coca leaves and extracts of coca leaves from which cocaines, ecgonine, and derivatives of ecgonine or their salts have been removed; (iv) Cocaine, its salts, optical and geometric isomers, and salts of isomers; (v) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (vi) Any compound, mixture, or preparation that contains any quantity of any substance referred to in subdivisions (17)(B)(i)-(v) of this section;

(A) (i) "Narcotic drug" means any drug that is defined as a narcotic drug by order of the secretary. (ii) In the formulation of a definition of "narcotic drug", the secretary shall: (a) Include any drug that he or she finds is narcotic in character and by reason of being narcotic is dangerous to the public health or is promotive of addiction-forming or addiction-sustaining results upon the user that threaten harm to the public health, safety, or morals; and (b) Take into consideration the provisions of the federal narcotic laws as they exist from time to time and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the federal narcotic laws, so far as is possible under the standards established in this subdivision (17) and under the policy of this chapter.

(i) "Narcotic drug" means any drug that is defined as a narcotic drug by order of the secretary.

(ii) In the formulation of a definition of "narcotic drug", the secretary shall: (a) Include any drug that he or she finds is narcotic in character and by reason of being narcotic is dangerous to the public health or is promotive of addiction-forming or addiction-sustaining results upon the user that threaten harm to the public health, safety, or morals; and (b) Take into consideration the provisions of the federal narcotic laws as they exist from time to time and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the federal narcotic laws, so far as is possible under the standards established in this subdivision (17) and under the policy of this chapter.

(a) Include any drug that he or she finds is narcotic in character and by reason of being narcotic is dangerous to the public health or is promotive of addiction-forming or addiction-sustaining results upon the user that threaten harm to the public health, safety, or morals; and

(b) Take into consideration the provisions of the federal narcotic laws as they exist from time to time and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the federal narcotic laws, so far as is possible under the standards established in this subdivision (17) and under the policy of this chapter.

(B) "Narcotic drug" also means any of the following, whether produced directly or indirectly by extraction from a substance of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (i) (a) Opium, opiates, a derivative of opium or opiates, including their isomers, esters, and ethers whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation. (b) "Narcotic drug" does not include an isoquinoline alkaloid of opium; (ii) Poppy straw and concentrate of poppy straw; (iii) Coca leaves, except coca leaves and extracts of coca leaves from which cocaines, ecgonine, and derivatives of ecgonine or their salts have been removed; (iv) Cocaine, its salts, optical and geometric isomers, and salts of isomers; (v) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (vi) Any compound, mixture, or preparation that contains any quantity of any substance referred to in subdivisions (17)(B)(i)-(v) of this section;

(i) (a) Opium, opiates, a derivative of opium or opiates, including their isomers, esters, and ethers whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation. (b) "Narcotic drug" does not include an isoquinoline alkaloid of opium;

(a) Opium, opiates, a derivative of opium or opiates, including their isomers, esters, and ethers whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.

(b) "Narcotic drug" does not include an isoquinoline alkaloid of opium;

(ii) Poppy straw and concentrate of poppy straw;

(iii) Coca leaves, except coca leaves and extracts of coca leaves from which cocaines, ecgonine, and derivatives of ecgonine or their salts have been removed;

(iv) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

(v) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

(vi) Any compound, mixture, or preparation that contains any quantity of any substance referred to in subdivisions (17)(B)(i)-(v) of this section;

(18) "Noncontrolled substance" means any liquid, substance, or material not listed in Schedules I through VI of the Schedules of Controlled Substances promulgated by the secretary;

(19) "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;

(20) "Practitioner" means: (A) A physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; and (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state;

(A) A physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; and

(B) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state;

(21) "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance;

(22) "State" when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America; and

(23) "Ultimate user" means a person who lawfully possesses a controlled substance for: (A) The person's own use; (B) The use of a member of the person's household; or (C) Administering to an animal owned by the person or by a member of his or her household.

(A) The person's own use;

(B) The use of a member of the person's household; or

(C) Administering to an animal owned by the person or by a member of his or her household.

Amended by Act 2023, No. 629,§ 4, eff. 4/11/2023.

Amended by Act 2023, No. 584,§ 3, eff. 4/11/2023.

Amended by Act 2021, No. 887,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 504,§ 1, eff. 7/24/2019.

Acts 1971, No. 590, Art. 1, § 1; 1975Amended by Act 2019, No. 910,§ 4830, eff. 7/1/2019.

, No. 243, § 1; 1975, No. 305, § 1; 1979, No. 898, §§ 1, 2; 1981, No. 78, § 1; 1981, No. 116, § 1; 1983, No. 787, §§ 1, 2; A.S.A. 1947, § 82-2601; Acts 1987, No. 42, § 2; 1991, No. 570, § 1; 1995, No. 1296, § 7; 2005, No. 1994, § 301; 2007, No. 199, § 1; 2007, No. 827, §§ 52-55.
Ark. Code Ann. § 5-66-114 — AR Code / Title 5 / Chapter 66 / Section 5-66-114
Sports or games - Transmission of information
Status: in_force

(a) (1) It is unlawful for any person, partnership, or corporation to receive or transmit information in the State of Arkansas relating to football, baseball, basketball, hockey, polo, tennis, horse racing, boxing, or any other sport or game for the purpose of gaming. (2) This section does not apply to a radio station or newspaper disseminating such information as news, entertainment, or advertising medium. (3) The provisions of this section do not apply to any commission conducting a legalized race meet within the State of Arkansas. (b) Any teletype, telegraph ticker tape, or similar machine or device used in the transmitting or receiving of information relating to a game or sport as set out in subsection (a) of this section, that is used either directly or indirectly for the purpose of gaming, is defined and declared to be a "gaming device". (c) Any person who violates a provision of this section and any teletype, telegraph ticker tape, or similar machine or device when used for gaming purposes, as defined in this section, is subject to the procedure and penalties as set out in §§ 5-66-101 - 5-66-110 , 5-66-112 , 5-66-113 , 5-66-116 , and 5-66-118 . Acts 1953, No. 355, §§ 1-3; A.S.A. 1947, §§ 41-3282 -- 41-3284.

(a) (1) It is unlawful for any person, partnership, or corporation to receive or transmit information in the State of Arkansas relating to football, baseball, basketball, hockey, polo, tennis, horse racing, boxing, or any other sport or game for the purpose of gaming. (2) This section does not apply to a radio station or newspaper disseminating such information as news, entertainment, or advertising medium. (3) The provisions of this section do not apply to any commission conducting a legalized race meet within the State of Arkansas.

(1) It is unlawful for any person, partnership, or corporation to receive or transmit information in the State of Arkansas relating to football, baseball, basketball, hockey, polo, tennis, horse racing, boxing, or any other sport or game for the purpose of gaming.

(2) This section does not apply to a radio station or newspaper disseminating such information as news, entertainment, or advertising medium.

(3) The provisions of this section do not apply to any commission conducting a legalized race meet within the State of Arkansas.

(b) Any teletype, telegraph ticker tape, or similar machine or device used in the transmitting or receiving of information relating to a game or sport as set out in subsection (a) of this section, that is used either directly or indirectly for the purpose of gaming, is defined and declared to be a "gaming device".

(c) Any person who violates a provision of this section and any teletype, telegraph ticker tape, or similar machine or device when used for gaming purposes, as defined in this section, is subject to the procedure and penalties as set out in §§ 5-66-101 - 5-66-110 , 5-66-112 , 5-66-113 , 5-66-116 , and 5-66-118 .

Acts 1953, No. 355, §§ 1-3; A.S.A. 1947, §§ 41-3282 -- 41-3284.