Ark. Code Ann. § 5-64-215 — AR Code / Title 5 / Chapter 64 / Subchapter 2 / Section 5-64-215
Substances in Schedule VI
Status: in_force

(a) In addition to any substance placed in Schedule VI by the Secretary of the Department of Health under § 5-64-214 , any material, compound, mixture, or preparation, whether produced directly or indirectly from a substance of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, that contains any quantity of the following substances, or that contains any of their salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation, is included in Schedule VI: (1) Marijuana; (2) Tetrahydrocannabinols, unless the tetrahydrocannabinol is: (A) Contained in hemp-derived cannabidiol; (B) Not more than three-tenths of one percent (0.3%) of delta-9 tetrahydrocannabinol in the hemp-derived cannabidiol on a dry weight basis as verified by a nationally accredited laboratory for quality, purity, and accuracy standards; and (C) Not approved by the United States Food and Drug Administration for marketing as a medication; (3) A synthetic equivalent of: (A) The substance contained in the Cannabis plant; or (B) The substance contained in the resinous extractives of the genus Cannabis; (4) Salvia divinorum or Salvinorin A, which includes all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds of the plant, any extract from any part of the plant, and every compound, manufacture, derivative, mixture, or preparation of the plant, its seeds, or its extracts, including salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation; (5) Synthetic substances, derivatives, or their isomers in the chemical structural classes described below in subdivisions (a)(5)(A)-(J) of this section and also specific unclassified substances in subdivision (a)(5)(K) of this section. Compounds of the structures described in this subdivision (a)(5), regardless of numerical designation of atomic positions, are included in this subdivision (a)(5). The synthetic substances, derivatives, or their isomers included in this subdivision (a)(5) are: (A) (i) Tetrahydrocannabinols, including without limitation the following: (a) Delta-1 cis or trans tetrahydrocannabinol, otherwise known as a delta-9 cis or trans tetrahydrocannabinol, and its optical isomers; (b) Delta-6 cis or trans tetrahydrocannabinol, otherwise known as a delta-8 cis or trans tetrahydrocannabinol, and its optical isomers; (c) Delta-3,4 cis or trans tetrahydrocannabinol, otherwise known as a delta-6a,10a cis or trans tetrahydrocannabinol, and its optical isomers; (d) Delta-10 cis or trans tetrahydrocannabinol, and its optical isomers; (e) Delta-8 tetrahydrocannabinol acetate ester; (f) Delta-9 tetrahydrocannabinol acetate ester; (g) Delta-6a,10a tetrahydrocannabinol acetate ester; (h) Delta-10 tetrahydrocannabinol acetate ester; (i) A product derived from industrial hemp that was produced as a result of a synthetic chemical process that converted the industrial hemp or a substance contained in the industrial hemp into delta-8, delta-9, delta-6a,10a, or delta-10 tetrahydrocannabinol including their respective acetate esters; and (j) Any other psychoactive substance derived therein. (ii) Dronabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration is not a tetrahydrocannabinol under this subdivision (a)(5)(A); (B) Naphthoylindoles, or any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation the following: (i) JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole; (ii) JWH-015, or 1-Propyl-2-methyl-3-(1-naphthoyl)indole; (iii) JWH-018, or 1-Propyl-3-(1-naphthoyl)indole; (iv) JWH-019, or 1-Hexyl-3-(1-naphthoyl)indole; (v) JWH-073, or 1-Butyl-3-(1-naphthoyl)indole; (vi) JWH-081, or 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole; (vii) JWH-098, or 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole; (viii) JWH-122, or 1-Pentyl-3-(4-methyl-1-naphthoyl)indole; (ix) JWH-164, or 1-pentyl-3-(7-methoxy-1-naphthoyl)indole; (x) JWH-200, or 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole; (xi) JWH-210, or 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole; (xii) JWH-398, or 1-Pentyl-3-(4-chloro-1-naphthoyl)indole; (xiii) AM-2201, or 1-(5-fluoropentyl)-3-(1-naphthoyl)indole; (xiv) MAM2201, or (1-(5-fluoropentyl)-1H-indol-3-yl)(4-methyl-1-naphthalenyl)-methanone; and (xv) EAM2201, or (1-(5-fluoropentyl)-1H-indol-3-yl)(4-ethyl-1-naphthalenyl)-methanone; (C) Naphthylmethylindoles, or any compound structurally derived from an H-indol-3-yl-(1-naphthyl) methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation the following: (i) JWH-175, or 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane; and (ii) JWH-184, or 1-Pentyl-1H-3-yl-(4-methyl-1-naphthyl)methane; (D) Naphthoylpyrroles, or any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation JWH-307, or (5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone; (E) Naphthylmethylindenes, or any compound structurally derived from 1-(1-napthylmethyl)indene with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation JWH-176, or E-1-[1-(1-Naphthalenylmethylene)-1H-inden-3-yl]pentane; (F) Phenylacetylindoles, or any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including without limitation the following: (i) JWH-201, or 2-(4-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone; (ii) JWH-203, or 1-Pentyl-3-(2-chlorophenylacetyl)indole; (iii) JWH-250, or 1-Pentyl-3-(2-methoxyphenylacetyl)indole; (iv) JWH-251, or 1-Pentyl-3-(2-methylphenylacetyl)indole; and (v) RCS-8, or 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole; (G) Cyclohexylphenols, or any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent, including without limitation the following: (i) CP 47,497 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; (ii) Cannabicyclohexanol or CP 47,497 C8 homologue, or 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; and (iii) CP 55,940, or 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-phenol; (H) Benzoylindoles, or any compound structurally derived from a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including without limitation the following: (i) AM-694, or 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole; (ii) RCS-4, or 1-Pentyl-3-(4-methoxybenzoyl)indole; (iii) WIN-48,098 or Pravadoline, or (4-Methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-y]methanone; (iv) AM-2233, or 1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole; and (v) RCS-4 (C4 homologue) or (4-methoxyphenyl)(1-butyl-1H-indol-3-yl)-methanone; (I) Adamantoylindoles, or Adamantoylindazoles, including Adamantyl Carboxamide Indoles and Adamantyl Carboxamide Indazoles, or any compound structurally derived from 3-(1-adamantoyl) indole, 3-(1-adamantoyl) indazole, or 3-(2-adamantoyl)indole by substitution at a nitrogen atom of the indole or indazole ring with alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole or indazole ring to any extent and whether or not substituted in the adamantyl ring to any extent, including without limitation the following: (i) AM-1248, or 1-adamantyl-[1-[(1-methylpiperidin-2-yl)methyl]indol-3-yl]methanone; (ii) AB-001, or 1-adamantyl-(1-pentylindol-3-yl)methanone; (iii) 2NE1, or 1-pentyl-3-(1-adamantylamido)indole; (iv) JWH-018 adamantyl carboxamide, or 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indole-3-carboxamide; (v) AKB-48, or N-(1-adamantyl)-pentyl-1H-indazole-3-carboxamide; (vi) 5F-AKB-48, or N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide; and (vii) STS-135, or N-(1-adamantyl)-1-(5-fluoropentyl)indole-3-carboxamide; (J) Tetramethylcyclopropylcarbonylindoles or any compound structurally derived from 3-(2,2,3,3-tetramethylcyclopropylcarbonyl) indole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole ring to any extent, including without limitation the following: (i) UR-144, or (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone; (ii) XLR-11, or [1-(5-fluoropentyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone; (iii) A-796,260, or [1-(2-morpholin-4-yl-ethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone; (iv) 5-Chloro-UR-144, or ([-(5-chloropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone; (v) 5-Bromo-UR-144, or [1-(5-bromopentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone; and (vi) A-834,735, or 1-(tetrahydropyran-4-ylmethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone; or (K) Unclassified Synthetic Cannabinoids, including without limitation the following: (i) CP 50556-1 hydrochloride, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate; (ii) HU-210, or (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; (iii) HU-211, or Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; (iv) Dimethylheptylpyran or DMHP; (v) WIN55,212-2, or 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl-1-naphthalenylmethanone; (vi) URB597, or [3-(3-carbamoylphenyl)phenyl] N-cyclohexylcarbamate; (vii) URB754, or 6-methyl-2-[(4-methylphenyl)amino]-1-benzoxazin-4-one; (viii) AKB-48, or N-(1-adamantyl)-1-pentylindazole-3-carboxamide; (ix) CB-13, or 1-naphthalenyl[4-(pentyloxy)-1-naphthalenyl]-methanone; (x) URB602, or cyclohexyl N-(3-phenylphenyl)carbamate; (xi) PB-22, or quinolin-8-yl 1-(5-pentyl)-1H-indole-3-carboxylate; (xii) 5F-PB-22, or quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate; (xiii) BB-22, or quinolin-8-yl 1-(cyclohexylmethyl)-1H-indole-3-carboxylate; (xiv) NNEI (MN-24), or N-1-naphthalenyl-1-pentyl-1H-indole-3-carboxamide; and (xv) 5F-NNEI, or 1-(5-fluoropentyl)-N-(naphthalen-1-yl)-1H-indole-3-carboxamide; or (6) A synthetic substance, derivative, or its isomers with: (A) Similar chemical structure to any substance described in subdivisions (a)(1)-(5) of this section; or (B) Similar pharmacological effects to any substance described in subdivisions (a)(1)-(5) of this section. (b) However, except as provided under subsection (c) of this section, the secretary shall not delete a controlled substance listed in this section from Schedule VI. (c) A prescription drug approved by the United States Food and Drug Administration under 21 U.S.C. § 355 is excluded from Schedule VI unless the secretary objects under § 5-64-201 . (d) This section does not prohibit the continuous transportation through Arkansas of the plant Cannabis sativa L., and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, produced in accordance with 7 U.S.C. § 1639o et seq. Amended by Act 2023, No. 629,§ 7, eff. upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023.. Amended by Act 2023, No. 629,§ 6, eff. upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023.. Amended by Act 2023, No. 629,§ 5, eff. 4/11/2023. Amended by Act 2021, No. 514,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 504,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4842, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4841, eff. 7/1/2019. Amended by Act 2013, No. 329,§ 1, eff. 8/16/2013. Acts 1971, No. 590, Art. 2, § 15, as added by Acts 1973, No. 186, § 1; 1979, No. 898, § 22; A.S.A. 1947, § 82-2614.2; Acts 1999, No. 1534, § 1; 2001, No. 320, § 3; 2007, No. 827, § 57; 2011, No. 751, § 2.

(a) In addition to any substance placed in Schedule VI by the Secretary of the Department of Health under § 5-64-214 , any material, compound, mixture, or preparation, whether produced directly or indirectly from a substance of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, that contains any quantity of the following substances, or that contains any of their salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation, is included in Schedule VI: (1) Marijuana; (2) Tetrahydrocannabinols, unless the tetrahydrocannabinol is: (A) Contained in hemp-derived cannabidiol; (B) Not more than three-tenths of one percent (0.3%) of delta-9 tetrahydrocannabinol in the hemp-derived cannabidiol on a dry weight basis as verified by a nationally accredited laboratory for quality, purity, and accuracy standards; and (C) Not approved by the United States Food and Drug Administration for marketing as a medication; (3) A synthetic equivalent of: (A) The substance contained in the Cannabis plant; or (B) The substance contained in the resinous extractives of the genus Cannabis; (4) Salvia divinorum or Salvinorin A, which includes all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds of the plant, any extract from any part of the plant, and every compound, manufacture, derivative, mixture, or preparation of the plant, its seeds, or its extracts, including salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation; (5) Synthetic substances, derivatives, or their isomers in the chemical structural classes described below in subdivisions (a)(5)(A)-(J) of this section and also specific unclassified substances in subdivision (a)(5)(K) of this section. Compounds of the structures described in this subdivision (a)(5), regardless of numerical designation of atomic positions, are included in this subdivision (a)(5). The synthetic substances, derivatives, or their isomers included in this subdivision (a)(5) are: (A) (i) Tetrahydrocannabinols, including without limitation the following: (a) Delta-1 cis or trans tetrahydrocannabinol, otherwise known as a delta-9 cis or trans tetrahydrocannabinol, and its optical isomers; (b) Delta-6 cis or trans tetrahydrocannabinol, otherwise known as a delta-8 cis or trans tetrahydrocannabinol, and its optical isomers; (c) Delta-3,4 cis or trans tetrahydrocannabinol, otherwise known as a delta-6a,10a cis or trans tetrahydrocannabinol, and its optical isomers; (d) Delta-10 cis or trans tetrahydrocannabinol, and its optical isomers; (e) Delta-8 tetrahydrocannabinol acetate ester; (f) Delta-9 tetrahydrocannabinol acetate ester; (g) Delta-6a,10a tetrahydrocannabinol acetate ester; (h) Delta-10 tetrahydrocannabinol acetate ester; (i) A product derived from industrial hemp that was produced as a result of a synthetic chemical process that converted the industrial hemp or a substance contained in the industrial hemp into delta-8, delta-9, delta-6a,10a, or delta-10 tetrahydrocannabinol including their respective acetate esters; and (j) Any other psychoactive substance derived therein. (ii) Dronabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration is not a tetrahydrocannabinol under this subdivision (a)(5)(A); (B) Naphthoylindoles, or any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation the following: (i) JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole; (ii) JWH-015, or 1-Propyl-2-methyl-3-(1-naphthoyl)indole; (iii) JWH-018, or 1-Propyl-3-(1-naphthoyl)indole; (iv) JWH-019, or 1-Hexyl-3-(1-naphthoyl)indole; (v) JWH-073, or 1-Butyl-3-(1-naphthoyl)indole; (vi) JWH-081, or 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole; (vii) JWH-098, or 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole; (viii) JWH-122, or 1-Pentyl-3-(4-methyl-1-naphthoyl)indole; (ix) JWH-164, or 1-pentyl-3-(7-methoxy-1-naphthoyl)indole; (x) JWH-200, or 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole; (xi) JWH-210, or 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole; (xii) JWH-398, or 1-Pentyl-3-(4-chloro-1-naphthoyl)indole; (xiii) AM-2201, or 1-(5-fluoropentyl)-3-(1-naphthoyl)indole; (xiv) MAM2201, or (1-(5-fluoropentyl)-1H-indol-3-yl)(4-methyl-1-naphthalenyl)-methanone; and (xv) EAM2201, or (1-(5-fluoropentyl)-1H-indol-3-yl)(4-ethyl-1-naphthalenyl)-methanone; (C) Naphthylmethylindoles, or any compound structurally derived from an H-indol-3-yl-(1-naphthyl) methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation the following: (i) JWH-175, or 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane; and (ii) JWH-184, or 1-Pentyl-1H-3-yl-(4-methyl-1-naphthyl)methane; (D) Naphthoylpyrroles, or any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation JWH-307, or (5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone; (E) Naphthylmethylindenes, or any compound structurally derived from 1-(1-napthylmethyl)indene with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation JWH-176, or E-1-[1-(1-Naphthalenylmethylene)-1H-inden-3-yl]pentane; (F) Phenylacetylindoles, or any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including without limitation the following: (i) JWH-201, or 2-(4-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone; (ii) JWH-203, or 1-Pentyl-3-(2-chlorophenylacetyl)indole; (iii) JWH-250, or 1-Pentyl-3-(2-methoxyphenylacetyl)indole; (iv) JWH-251, or 1-Pentyl-3-(2-methylphenylacetyl)indole; and (v) RCS-8, or 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole; (G) Cyclohexylphenols, or any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent, including without limitation the following: (i) CP 47,497 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; (ii) Cannabicyclohexanol or CP 47,497 C8 homologue, or 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; and (iii) CP 55,940, or 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-phenol; (H) Benzoylindoles, or any compound structurally derived from a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including without limitation the following: (i) AM-694, or 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole; (ii) RCS-4, or 1-Pentyl-3-(4-methoxybenzoyl)indole; (iii) WIN-48,098 or Pravadoline, or (4-Methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-y]methanone; (iv) AM-2233, or 1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole; and (v) RCS-4 (C4 homologue) or (4-methoxyphenyl)(1-butyl-1H-indol-3-yl)-methanone; (I) Adamantoylindoles, or Adamantoylindazoles, including Adamantyl Carboxamide Indoles and Adamantyl Carboxamide Indazoles, or any compound structurally derived from 3-(1-adamantoyl) indole, 3-(1-adamantoyl) indazole, or 3-(2-adamantoyl)indole by substitution at a nitrogen atom of the indole or indazole ring with alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole or indazole ring to any extent and whether or not substituted in the adamantyl ring to any extent, including without limitation the following: (i) AM-1248, or 1-adamantyl-[1-[(1-methylpiperidin-2-yl)methyl]indol-3-yl]methanone; (ii) AB-001, or 1-adamantyl-(1-pentylindol-3-yl)methanone; (iii) 2NE1, or 1-pentyl-3-(1-adamantylamido)indole; (iv) JWH-018 adamantyl carboxamide, or 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indole-3-carboxamide; (v) AKB-48, or N-(1-adamantyl)-pentyl-1H-indazole-3-carboxamide; (vi) 5F-AKB-48, or N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide; and (vii) STS-135, or N-(1-adamantyl)-1-(5-fluoropentyl)indole-3-carboxamide; (J) Tetramethylcyclopropylcarbonylindoles or any compound structurally derived from 3-(2,2,3,3-tetramethylcyclopropylcarbonyl) indole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole ring to any extent, including without limitation the following: (i) UR-144, or (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone; (ii) XLR-11, or [1-(5-fluoropentyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone; (iii) A-796,260, or [1-(2-morpholin-4-yl-ethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone; (iv) 5-Chloro-UR-144, or ([-(5-chloropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone; (v) 5-Bromo-UR-144, or [1-(5-bromopentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone; and (vi) A-834,735, or 1-(tetrahydropyran-4-ylmethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone; or (K) Unclassified Synthetic Cannabinoids, including without limitation the following: (i) CP 50556-1 hydrochloride, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate; (ii) HU-210, or (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; (iii) HU-211, or Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; (iv) Dimethylheptylpyran or DMHP; (v) WIN55,212-2, or 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl-1-naphthalenylmethanone; (vi) URB597, or [3-(3-carbamoylphenyl)phenyl] N-cyclohexylcarbamate; (vii) URB754, or 6-methyl-2-[(4-methylphenyl)amino]-1-benzoxazin-4-one; (viii) AKB-48, or N-(1-adamantyl)-1-pentylindazole-3-carboxamide; (ix) CB-13, or 1-naphthalenyl[4-(pentyloxy)-1-naphthalenyl]-methanone; (x) URB602, or cyclohexyl N-(3-phenylphenyl)carbamate; (xi) PB-22, or quinolin-8-yl 1-(5-pentyl)-1H-indole-3-carboxylate; (xii) 5F-PB-22, or quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate; (xiii) BB-22, or quinolin-8-yl 1-(cyclohexylmethyl)-1H-indole-3-carboxylate; (xiv) NNEI (MN-24), or N-1-naphthalenyl-1-pentyl-1H-indole-3-carboxamide; and (xv) 5F-NNEI, or 1-(5-fluoropentyl)-N-(naphthalen-1-yl)-1H-indole-3-carboxamide; or (6) A synthetic substance, derivative, or its isomers with: (A) Similar chemical structure to any substance described in subdivisions (a)(1)-(5) of this section; or (B) Similar pharmacological effects to any substance described in subdivisions (a)(1)-(5) of this section.

(1) Marijuana;

(2) Tetrahydrocannabinols, unless the tetrahydrocannabinol is: (A) Contained in hemp-derived cannabidiol; (B) Not more than three-tenths of one percent (0.3%) of delta-9 tetrahydrocannabinol in the hemp-derived cannabidiol on a dry weight basis as verified by a nationally accredited laboratory for quality, purity, and accuracy standards; and (C) Not approved by the United States Food and Drug Administration for marketing as a medication;

(A) Contained in hemp-derived cannabidiol;

(B) Not more than three-tenths of one percent (0.3%) of delta-9 tetrahydrocannabinol in the hemp-derived cannabidiol on a dry weight basis as verified by a nationally accredited laboratory for quality, purity, and accuracy standards; and

(C) Not approved by the United States Food and Drug Administration for marketing as a medication;

(3) A synthetic equivalent of: (A) The substance contained in the Cannabis plant; or (B) The substance contained in the resinous extractives of the genus Cannabis;

(A) The substance contained in the Cannabis plant; or

(B) The substance contained in the resinous extractives of the genus Cannabis;

(4) Salvia divinorum or Salvinorin A, which includes all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds of the plant, any extract from any part of the plant, and every compound, manufacture, derivative, mixture, or preparation of the plant, its seeds, or its extracts, including salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation;

(5) Synthetic substances, derivatives, or their isomers in the chemical structural classes described below in subdivisions (a)(5)(A)-(J) of this section and also specific unclassified substances in subdivision (a)(5)(K) of this section. Compounds of the structures described in this subdivision (a)(5), regardless of numerical designation of atomic positions, are included in this subdivision (a)(5). The synthetic substances, derivatives, or their isomers included in this subdivision (a)(5) are: (A) (i) Tetrahydrocannabinols, including without limitation the following: (a) Delta-1 cis or trans tetrahydrocannabinol, otherwise known as a delta-9 cis or trans tetrahydrocannabinol, and its optical isomers; (b) Delta-6 cis or trans tetrahydrocannabinol, otherwise known as a delta-8 cis or trans tetrahydrocannabinol, and its optical isomers; (c) Delta-3,4 cis or trans tetrahydrocannabinol, otherwise known as a delta-6a,10a cis or trans tetrahydrocannabinol, and its optical isomers; (d) Delta-10 cis or trans tetrahydrocannabinol, and its optical isomers; (e) Delta-8 tetrahydrocannabinol acetate ester; (f) Delta-9 tetrahydrocannabinol acetate ester; (g) Delta-6a,10a tetrahydrocannabinol acetate ester; (h) Delta-10 tetrahydrocannabinol acetate ester; (i) A product derived from industrial hemp that was produced as a result of a synthetic chemical process that converted the industrial hemp or a substance contained in the industrial hemp into delta-8, delta-9, delta-6a,10a, or delta-10 tetrahydrocannabinol including their respective acetate esters; and (j) Any other psychoactive substance derived therein. (ii) Dronabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration is not a tetrahydrocannabinol under this subdivision (a)(5)(A); (B) Naphthoylindoles, or any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation the following: (i) JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole; (ii) JWH-015, or 1-Propyl-2-methyl-3-(1-naphthoyl)indole; (iii) JWH-018, or 1-Propyl-3-(1-naphthoyl)indole; (iv) JWH-019, or 1-Hexyl-3-(1-naphthoyl)indole; (v) JWH-073, or 1-Butyl-3-(1-naphthoyl)indole; (vi) JWH-081, or 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole; (vii) JWH-098, or 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole; (viii) JWH-122, or 1-Pentyl-3-(4-methyl-1-naphthoyl)indole; (ix) JWH-164, or 1-pentyl-3-(7-methoxy-1-naphthoyl)indole; (x) JWH-200, or 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole; (xi) JWH-210, or 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole; (xii) JWH-398, or 1-Pentyl-3-(4-chloro-1-naphthoyl)indole; (xiii) AM-2201, or 1-(5-fluoropentyl)-3-(1-naphthoyl)indole; (xiv) MAM2201, or (1-(5-fluoropentyl)-1H-indol-3-yl)(4-methyl-1-naphthalenyl)-methanone; and (xv) EAM2201, or (1-(5-fluoropentyl)-1H-indol-3-yl)(4-ethyl-1-naphthalenyl)-methanone; (C) Naphthylmethylindoles, or any compound structurally derived from an H-indol-3-yl-(1-naphthyl) methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation the following: (i) JWH-175, or 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane; and (ii) JWH-184, or 1-Pentyl-1H-3-yl-(4-methyl-1-naphthyl)methane; (D) Naphthoylpyrroles, or any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation JWH-307, or (5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone; (E) Naphthylmethylindenes, or any compound structurally derived from 1-(1-napthylmethyl)indene with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation JWH-176, or E-1-[1-(1-Naphthalenylmethylene)-1H-inden-3-yl]pentane; (F) Phenylacetylindoles, or any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including without limitation the following: (i) JWH-201, or 2-(4-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone; (ii) JWH-203, or 1-Pentyl-3-(2-chlorophenylacetyl)indole; (iii) JWH-250, or 1-Pentyl-3-(2-methoxyphenylacetyl)indole; (iv) JWH-251, or 1-Pentyl-3-(2-methylphenylacetyl)indole; and (v) RCS-8, or 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole; (G) Cyclohexylphenols, or any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent, including without limitation the following: (i) CP 47,497 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; (ii) Cannabicyclohexanol or CP 47,497 C8 homologue, or 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; and (iii) CP 55,940, or 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-phenol; (H) Benzoylindoles, or any compound structurally derived from a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including without limitation the following: (i) AM-694, or 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole; (ii) RCS-4, or 1-Pentyl-3-(4-methoxybenzoyl)indole; (iii) WIN-48,098 or Pravadoline, or (4-Methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-y]methanone; (iv) AM-2233, or 1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole; and (v) RCS-4 (C4 homologue) or (4-methoxyphenyl)(1-butyl-1H-indol-3-yl)-methanone; (I) Adamantoylindoles, or Adamantoylindazoles, including Adamantyl Carboxamide Indoles and Adamantyl Carboxamide Indazoles, or any compound structurally derived from 3-(1-adamantoyl) indole, 3-(1-adamantoyl) indazole, or 3-(2-adamantoyl)indole by substitution at a nitrogen atom of the indole or indazole ring with alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole or indazole ring to any extent and whether or not substituted in the adamantyl ring to any extent, including without limitation the following: (i) AM-1248, or 1-adamantyl-[1-[(1-methylpiperidin-2-yl)methyl]indol-3-yl]methanone; (ii) AB-001, or 1-adamantyl-(1-pentylindol-3-yl)methanone; (iii) 2NE1, or 1-pentyl-3-(1-adamantylamido)indole; (iv) JWH-018 adamantyl carboxamide, or 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indole-3-carboxamide; (v) AKB-48, or N-(1-adamantyl)-pentyl-1H-indazole-3-carboxamide; (vi) 5F-AKB-48, or N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide; and (vii) STS-135, or N-(1-adamantyl)-1-(5-fluoropentyl)indole-3-carboxamide; (J) Tetramethylcyclopropylcarbonylindoles or any compound structurally derived from 3-(2,2,3,3-tetramethylcyclopropylcarbonyl) indole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole ring to any extent, including without limitation the following: (i) UR-144, or (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone; (ii) XLR-11, or [1-(5-fluoropentyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone; (iii) A-796,260, or [1-(2-morpholin-4-yl-ethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone; (iv) 5-Chloro-UR-144, or ([-(5-chloropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone; (v) 5-Bromo-UR-144, or [1-(5-bromopentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone; and (vi) A-834,735, or 1-(tetrahydropyran-4-ylmethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone; or (K) Unclassified Synthetic Cannabinoids, including without limitation the following: (i) CP 50556-1 hydrochloride, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate; (ii) HU-210, or (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; (iii) HU-211, or Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; (iv) Dimethylheptylpyran or DMHP; (v) WIN55,212-2, or 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl-1-naphthalenylmethanone; (vi) URB597, or [3-(3-carbamoylphenyl)phenyl] N-cyclohexylcarbamate; (vii) URB754, or 6-methyl-2-[(4-methylphenyl)amino]-1-benzoxazin-4-one; (viii) AKB-48, or N-(1-adamantyl)-1-pentylindazole-3-carboxamide; (ix) CB-13, or 1-naphthalenyl[4-(pentyloxy)-1-naphthalenyl]-methanone; (x) URB602, or cyclohexyl N-(3-phenylphenyl)carbamate; (xi) PB-22, or quinolin-8-yl 1-(5-pentyl)-1H-indole-3-carboxylate; (xii) 5F-PB-22, or quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate; (xiii) BB-22, or quinolin-8-yl 1-(cyclohexylmethyl)-1H-indole-3-carboxylate; (xiv) NNEI (MN-24), or N-1-naphthalenyl-1-pentyl-1H-indole-3-carboxamide; and (xv) 5F-NNEI, or 1-(5-fluoropentyl)-N-(naphthalen-1-yl)-1H-indole-3-carboxamide; or

(A) (i) Tetrahydrocannabinols, including without limitation the following: (a) Delta-1 cis or trans tetrahydrocannabinol, otherwise known as a delta-9 cis or trans tetrahydrocannabinol, and its optical isomers; (b) Delta-6 cis or trans tetrahydrocannabinol, otherwise known as a delta-8 cis or trans tetrahydrocannabinol, and its optical isomers; (c) Delta-3,4 cis or trans tetrahydrocannabinol, otherwise known as a delta-6a,10a cis or trans tetrahydrocannabinol, and its optical isomers; (d) Delta-10 cis or trans tetrahydrocannabinol, and its optical isomers; (e) Delta-8 tetrahydrocannabinol acetate ester; (f) Delta-9 tetrahydrocannabinol acetate ester; (g) Delta-6a,10a tetrahydrocannabinol acetate ester; (h) Delta-10 tetrahydrocannabinol acetate ester; (i) A product derived from industrial hemp that was produced as a result of a synthetic chemical process that converted the industrial hemp or a substance contained in the industrial hemp into delta-8, delta-9, delta-6a,10a, or delta-10 tetrahydrocannabinol including their respective acetate esters; and (j) Any other psychoactive substance derived therein. (ii) Dronabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration is not a tetrahydrocannabinol under this subdivision (a)(5)(A);

(i) Tetrahydrocannabinols, including without limitation the following: (a) Delta-1 cis or trans tetrahydrocannabinol, otherwise known as a delta-9 cis or trans tetrahydrocannabinol, and its optical isomers; (b) Delta-6 cis or trans tetrahydrocannabinol, otherwise known as a delta-8 cis or trans tetrahydrocannabinol, and its optical isomers; (c) Delta-3,4 cis or trans tetrahydrocannabinol, otherwise known as a delta-6a,10a cis or trans tetrahydrocannabinol, and its optical isomers; (d) Delta-10 cis or trans tetrahydrocannabinol, and its optical isomers; (e) Delta-8 tetrahydrocannabinol acetate ester; (f) Delta-9 tetrahydrocannabinol acetate ester; (g) Delta-6a,10a tetrahydrocannabinol acetate ester; (h) Delta-10 tetrahydrocannabinol acetate ester; (i) A product derived from industrial hemp that was produced as a result of a synthetic chemical process that converted the industrial hemp or a substance contained in the industrial hemp into delta-8, delta-9, delta-6a,10a, or delta-10 tetrahydrocannabinol including their respective acetate esters; and (j) Any other psychoactive substance derived therein.

(a) Delta-1 cis or trans tetrahydrocannabinol, otherwise known as a delta-9 cis or trans tetrahydrocannabinol, and its optical isomers;

(b) Delta-6 cis or trans tetrahydrocannabinol, otherwise known as a delta-8 cis or trans tetrahydrocannabinol, and its optical isomers;

(c) Delta-3,4 cis or trans tetrahydrocannabinol, otherwise known as a delta-6a,10a cis or trans tetrahydrocannabinol, and its optical isomers;

(d) Delta-10 cis or trans tetrahydrocannabinol, and its optical isomers;

(e) Delta-8 tetrahydrocannabinol acetate ester;

(f) Delta-9 tetrahydrocannabinol acetate ester;

(g) Delta-6a,10a tetrahydrocannabinol acetate ester;

(h) Delta-10 tetrahydrocannabinol acetate ester;

(i) A product derived from industrial hemp that was produced as a result of a synthetic chemical process that converted the industrial hemp or a substance contained in the industrial hemp into delta-8, delta-9, delta-6a,10a, or delta-10 tetrahydrocannabinol including their respective acetate esters; and

(j) Any other psychoactive substance derived therein.

(ii) Dronabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration is not a tetrahydrocannabinol under this subdivision (a)(5)(A);

(B) Naphthoylindoles, or any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation the following: (i) JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole; (ii) JWH-015, or 1-Propyl-2-methyl-3-(1-naphthoyl)indole; (iii) JWH-018, or 1-Propyl-3-(1-naphthoyl)indole; (iv) JWH-019, or 1-Hexyl-3-(1-naphthoyl)indole; (v) JWH-073, or 1-Butyl-3-(1-naphthoyl)indole; (vi) JWH-081, or 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole; (vii) JWH-098, or 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole; (viii) JWH-122, or 1-Pentyl-3-(4-methyl-1-naphthoyl)indole; (ix) JWH-164, or 1-pentyl-3-(7-methoxy-1-naphthoyl)indole; (x) JWH-200, or 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole; (xi) JWH-210, or 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole; (xii) JWH-398, or 1-Pentyl-3-(4-chloro-1-naphthoyl)indole; (xiii) AM-2201, or 1-(5-fluoropentyl)-3-(1-naphthoyl)indole; (xiv) MAM2201, or (1-(5-fluoropentyl)-1H-indol-3-yl)(4-methyl-1-naphthalenyl)-methanone; and (xv) EAM2201, or (1-(5-fluoropentyl)-1H-indol-3-yl)(4-ethyl-1-naphthalenyl)-methanone;

(i) JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole;

(ii) JWH-015, or 1-Propyl-2-methyl-3-(1-naphthoyl)indole;

(iii) JWH-018, or 1-Propyl-3-(1-naphthoyl)indole;

(iv) JWH-019, or 1-Hexyl-3-(1-naphthoyl)indole;

(v) JWH-073, or 1-Butyl-3-(1-naphthoyl)indole;

(vi) JWH-081, or 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole;

(vii) JWH-098, or 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole;

(viii) JWH-122, or 1-Pentyl-3-(4-methyl-1-naphthoyl)indole;

(ix) JWH-164, or 1-pentyl-3-(7-methoxy-1-naphthoyl)indole;

(x) JWH-200, or 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole;

(xi) JWH-210, or 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole;

(xii) JWH-398, or 1-Pentyl-3-(4-chloro-1-naphthoyl)indole;

(xiii) AM-2201, or 1-(5-fluoropentyl)-3-(1-naphthoyl)indole;

(xiv) MAM2201, or (1-(5-fluoropentyl)-1H-indol-3-yl)(4-methyl-1-naphthalenyl)-methanone; and

(xv) EAM2201, or (1-(5-fluoropentyl)-1H-indol-3-yl)(4-ethyl-1-naphthalenyl)-methanone;

(C) Naphthylmethylindoles, or any compound structurally derived from an H-indol-3-yl-(1-naphthyl) methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation the following: (i) JWH-175, or 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane; and (ii) JWH-184, or 1-Pentyl-1H-3-yl-(4-methyl-1-naphthyl)methane;

(i) JWH-175, or 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane; and

(ii) JWH-184, or 1-Pentyl-1H-3-yl-(4-methyl-1-naphthyl)methane;

(D) Naphthoylpyrroles, or any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation JWH-307, or (5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone;

(E) Naphthylmethylindenes, or any compound structurally derived from 1-(1-napthylmethyl)indene with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation JWH-176, or E-1-[1-(1-Naphthalenylmethylene)-1H-inden-3-yl]pentane;

(F) Phenylacetylindoles, or any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including without limitation the following: (i) JWH-201, or 2-(4-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone; (ii) JWH-203, or 1-Pentyl-3-(2-chlorophenylacetyl)indole; (iii) JWH-250, or 1-Pentyl-3-(2-methoxyphenylacetyl)indole; (iv) JWH-251, or 1-Pentyl-3-(2-methylphenylacetyl)indole; and (v) RCS-8, or 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole;

(i) JWH-201, or 2-(4-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone;

(ii) JWH-203, or 1-Pentyl-3-(2-chlorophenylacetyl)indole;

(iii) JWH-250, or 1-Pentyl-3-(2-methoxyphenylacetyl)indole;

(iv) JWH-251, or 1-Pentyl-3-(2-methylphenylacetyl)indole; and

(v) RCS-8, or 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole;

(G) Cyclohexylphenols, or any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent, including without limitation the following: (i) CP 47,497 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; (ii) Cannabicyclohexanol or CP 47,497 C8 homologue, or 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; and (iii) CP 55,940, or 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-phenol;

(i) CP 47,497 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;

(ii) Cannabicyclohexanol or CP 47,497 C8 homologue, or 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; and

(iii) CP 55,940, or 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-phenol;

(H) Benzoylindoles, or any compound structurally derived from a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including without limitation the following: (i) AM-694, or 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole; (ii) RCS-4, or 1-Pentyl-3-(4-methoxybenzoyl)indole; (iii) WIN-48,098 or Pravadoline, or (4-Methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-y]methanone; (iv) AM-2233, or 1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole; and (v) RCS-4 (C4 homologue) or (4-methoxyphenyl)(1-butyl-1H-indol-3-yl)-methanone;

(i) AM-694, or 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole;

(ii) RCS-4, or 1-Pentyl-3-(4-methoxybenzoyl)indole;

(iii) WIN-48,098 or Pravadoline, or (4-Methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-y]methanone;

(iv) AM-2233, or 1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole; and

(v) RCS-4 (C4 homologue) or (4-methoxyphenyl)(1-butyl-1H-indol-3-yl)-methanone;

(I) Adamantoylindoles, or Adamantoylindazoles, including Adamantyl Carboxamide Indoles and Adamantyl Carboxamide Indazoles, or any compound structurally derived from 3-(1-adamantoyl) indole, 3-(1-adamantoyl) indazole, or 3-(2-adamantoyl)indole by substitution at a nitrogen atom of the indole or indazole ring with alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole or indazole ring to any extent and whether or not substituted in the adamantyl ring to any extent, including without limitation the following: (i) AM-1248, or 1-adamantyl-[1-[(1-methylpiperidin-2-yl)methyl]indol-3-yl]methanone; (ii) AB-001, or 1-adamantyl-(1-pentylindol-3-yl)methanone; (iii) 2NE1, or 1-pentyl-3-(1-adamantylamido)indole; (iv) JWH-018 adamantyl carboxamide, or 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indole-3-carboxamide; (v) AKB-48, or N-(1-adamantyl)-pentyl-1H-indazole-3-carboxamide; (vi) 5F-AKB-48, or N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide; and (vii) STS-135, or N-(1-adamantyl)-1-(5-fluoropentyl)indole-3-carboxamide;

(i) AM-1248, or 1-adamantyl-[1-[(1-methylpiperidin-2-yl)methyl]indol-3-yl]methanone;

(ii) AB-001, or 1-adamantyl-(1-pentylindol-3-yl)methanone;

(iii) 2NE1, or 1-pentyl-3-(1-adamantylamido)indole;

(iv) JWH-018 adamantyl carboxamide, or 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indole-3-carboxamide;

(v) AKB-48, or N-(1-adamantyl)-pentyl-1H-indazole-3-carboxamide;

(vi) 5F-AKB-48, or N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide; and

(vii) STS-135, or N-(1-adamantyl)-1-(5-fluoropentyl)indole-3-carboxamide;

(J) Tetramethylcyclopropylcarbonylindoles or any compound structurally derived from 3-(2,2,3,3-tetramethylcyclopropylcarbonyl) indole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole ring to any extent, including without limitation the following: (i) UR-144, or (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone; (ii) XLR-11, or [1-(5-fluoropentyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone; (iii) A-796,260, or [1-(2-morpholin-4-yl-ethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone; (iv) 5-Chloro-UR-144, or ([-(5-chloropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone; (v) 5-Bromo-UR-144, or [1-(5-bromopentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone; and (vi) A-834,735, or 1-(tetrahydropyran-4-ylmethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone; or

(i) UR-144, or (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone;

(ii) XLR-11, or [1-(5-fluoropentyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone;

(iii) A-796,260, or [1-(2-morpholin-4-yl-ethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone;

(iv) 5-Chloro-UR-144, or ([-(5-chloropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone;

(v) 5-Bromo-UR-144, or [1-(5-bromopentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone; and

(vi) A-834,735, or 1-(tetrahydropyran-4-ylmethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone; or

(K) Unclassified Synthetic Cannabinoids, including without limitation the following: (i) CP 50556-1 hydrochloride, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate; (ii) HU-210, or (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; (iii) HU-211, or Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; (iv) Dimethylheptylpyran or DMHP; (v) WIN55,212-2, or 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl-1-naphthalenylmethanone; (vi) URB597, or [3-(3-carbamoylphenyl)phenyl] N-cyclohexylcarbamate; (vii) URB754, or 6-methyl-2-[(4-methylphenyl)amino]-1-benzoxazin-4-one; (viii) AKB-48, or N-(1-adamantyl)-1-pentylindazole-3-carboxamide; (ix) CB-13, or 1-naphthalenyl[4-(pentyloxy)-1-naphthalenyl]-methanone; (x) URB602, or cyclohexyl N-(3-phenylphenyl)carbamate; (xi) PB-22, or quinolin-8-yl 1-(5-pentyl)-1H-indole-3-carboxylate; (xii) 5F-PB-22, or quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate; (xiii) BB-22, or quinolin-8-yl 1-(cyclohexylmethyl)-1H-indole-3-carboxylate; (xiv) NNEI (MN-24), or N-1-naphthalenyl-1-pentyl-1H-indole-3-carboxamide; and (xv) 5F-NNEI, or 1-(5-fluoropentyl)-N-(naphthalen-1-yl)-1H-indole-3-carboxamide; or

(i) CP 50556-1 hydrochloride, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate;

(ii) HU-210, or (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;

(iii) HU-211, or Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;

(iv) Dimethylheptylpyran or DMHP;

(v) WIN55,212-2, or 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl-1-naphthalenylmethanone;

(vi) URB597, or [3-(3-carbamoylphenyl)phenyl] N-cyclohexylcarbamate;

(vii) URB754, or 6-methyl-2-[(4-methylphenyl)amino]-1-benzoxazin-4-one;

(viii) AKB-48, or N-(1-adamantyl)-1-pentylindazole-3-carboxamide;

(ix) CB-13, or 1-naphthalenyl[4-(pentyloxy)-1-naphthalenyl]-methanone;

(x) URB602, or cyclohexyl N-(3-phenylphenyl)carbamate;

(xi) PB-22, or quinolin-8-yl 1-(5-pentyl)-1H-indole-3-carboxylate;

(xii) 5F-PB-22, or quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate;

(xiii) BB-22, or quinolin-8-yl 1-(cyclohexylmethyl)-1H-indole-3-carboxylate;

(xiv) NNEI (MN-24), or N-1-naphthalenyl-1-pentyl-1H-indole-3-carboxamide; and

(xv) 5F-NNEI, or 1-(5-fluoropentyl)-N-(naphthalen-1-yl)-1H-indole-3-carboxamide; or

(6) A synthetic substance, derivative, or its isomers with: (A) Similar chemical structure to any substance described in subdivisions (a)(1)-(5) of this section; or (B) Similar pharmacological effects to any substance described in subdivisions (a)(1)-(5) of this section.

(A) Similar chemical structure to any substance described in subdivisions (a)(1)-(5) of this section; or

(B) Similar pharmacological effects to any substance described in subdivisions (a)(1)-(5) of this section.

(b) However, except as provided under subsection (c) of this section, the secretary shall not delete a controlled substance listed in this section from Schedule VI.

(c) A prescription drug approved by the United States Food and Drug Administration under 21 U.S.C. § 355 is excluded from Schedule VI unless the secretary objects under § 5-64-201 .

(d) This section does not prohibit the continuous transportation through Arkansas of the plant Cannabis sativa L., and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, produced in accordance with 7 U.S.C. § 1639o et seq.

Amended by Act 2023, No. 629,§ 7, eff. upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..

Amended by Act 2023, No. 629,§ 6, eff. upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..

Amended by Act 2023, No. 629,§ 5, eff. 4/11/2023.

Amended by Act 2021, No. 514,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 504,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4842, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4841, eff. 7/1/2019.

Amended by Act 2013, No. 329,§ 1, eff. 8/16/2013.

Acts 1971, No. 590, Art. 2, § 15, as added by Acts 1973, No. 186, § 1; 1979, No. 898, § 22; A.S.A. 1947, § 82-2614.2; Acts 1999, No. 1534, § 1; 2001, No. 320, § 3; 2007, No. 827, § 57; 2011, No. 751, § 2.
Ark. Code Ann. § 5-10-102 — AR Code / Title 5 / Chapter 10 / Section 5-10-102
Murder in the first degree
Status: in_force

(a) A person commits murder in the first degree if: (1) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit a felony; and (B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life; (2) With a purpose of causing the death of another person, the person causes the death of another person; or (3) The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed. (b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant: (1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission; (2) Was not armed with a deadly weapon; (3) Reasonably believed that no other participant was armed with a deadly weapon; and (4) Reasonably believed that no other participant intended to engage in conduct that could result in death or serious physical injury. (c) (1) Murder in the first degree is a Class Y felony. (2) Unless the application of § 16-93-621 results in a person's being eligible for parole or transfer to post-release supervision at an earlier date, if a person was younger than eighteen (18) years of age at the time he or she committed murder in the first degree and is sentenced to life imprisonment, the person is eligible for parole or post-release supervision after serving a minimum of twenty-five (25) years' imprisonment. Amended by Act 2023, No. 659,§ 27, eff. 1/1/2024. Amended by Act 2017, No. 539,§ 7, eff. 3/20/2017. Acts 1975, No. 280, § 1502; 1981, No. 620, § 10; A.S.A. 1947, § 41-1502; Acts 1987 (1st Ex. Sess.), No. 52, § 1; 1989, No. 856, § 2; 1991, No. 683, § 2.

(a) A person commits murder in the first degree if: (1) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit a felony; and (B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life; (2) With a purpose of causing the death of another person, the person causes the death of another person; or (3) The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed.

(1) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit a felony; and (B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life;

(A) The person commits or attempts to commit a felony; and

(B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life;

(2) With a purpose of causing the death of another person, the person causes the death of another person; or

(3) The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed.

(b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant: (1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission; (2) Was not armed with a deadly weapon; (3) Reasonably believed that no other participant was armed with a deadly weapon; and (4) Reasonably believed that no other participant intended to engage in conduct that could result in death or serious physical injury.

(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;

(2) Was not armed with a deadly weapon;

(3) Reasonably believed that no other participant was armed with a deadly weapon; and

(4) Reasonably believed that no other participant intended to engage in conduct that could result in death or serious physical injury.

(c) (1) Murder in the first degree is a Class Y felony. (2) Unless the application of § 16-93-621 results in a person's being eligible for parole or transfer to post-release supervision at an earlier date, if a person was younger than eighteen (18) years of age at the time he or she committed murder in the first degree and is sentenced to life imprisonment, the person is eligible for parole or post-release supervision after serving a minimum of twenty-five (25) years' imprisonment.

(1) Murder in the first degree is a Class Y felony.

(2) Unless the application of § 16-93-621 results in a person's being eligible for parole or transfer to post-release supervision at an earlier date, if a person was younger than eighteen (18) years of age at the time he or she committed murder in the first degree and is sentenced to life imprisonment, the person is eligible for parole or post-release supervision after serving a minimum of twenty-five (25) years' imprisonment.

Amended by Act 2023, No. 659,§ 27, eff. 1/1/2024.

Amended by Act 2017, No. 539,§ 7, eff. 3/20/2017.

Acts 1975, No. 280, § 1502; 1981, No. 620, § 10; A.S.A. 1947, § 41-1502; Acts 1987 (1st Ex. Sess.), No. 52, § 1; 1989, No. 856, § 2; 1991, No. 683, § 2.
Ark. Code Ann. § 5-2-601 — AR Code / Title 5 / Chapter 2 / Subchapter 6 / Section 5-2-601
Definitions
Status: in_force

As used in this subchapter: (1) "Common carrier" means any vehicle used to transport for hire any member of the public; (2) "Deadly physical force" means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury; (3) "Dwelling" means an enclosed space that is used or intended to be used as a human habitation, home, or residence on a temporary or permanent basis; (4) "Minor" means any person under eighteen (18) years of age; (5) (A) "Occupiable structure" means a vehicle, building, or other structure: (i) Where any person lives or carries on a business or other calling; (ii) Where people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or (iii) That is customarily used for overnight accommodation of a person whether or not a person is actually present. (B) "Occupiable structure" includes each unit of an occupiable structure divided into a separately occupied unit; (6) "Physical force" means: (A) Any bodily impact, restraint, or confinement; or (B) The threat of any bodily impact, restraint, or confinement; (7) "Premises" means: (A) An occupiable structure; or (B) Any real property; (8) "School employee" includes a person employed by a school under a written contract, which shall include a: (A) Classified school employee; and (B) Licensed school employee; (9) "Unlawful physical force" means physical force that is employed without the consent of the person against whom it is directed and the employment of the physical force constitutes a criminal offense or tort or would constitute a criminal offense or tort except for a defense other than the defense of justification or privilege; and (10) "Vehicle" means any craft or device designed for the transportation of a person or property across land or water or through the air. Amended by Act 2023, No. 165,§ 1, eff. 8/1/2023. Acts 1975, No. 280, § 501; A.S.A. 1947, § 41-501.

As used in this subchapter:

(1) "Common carrier" means any vehicle used to transport for hire any member of the public;

(2) "Deadly physical force" means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury;

(3) "Dwelling" means an enclosed space that is used or intended to be used as a human habitation, home, or residence on a temporary or permanent basis;

(4) "Minor" means any person under eighteen (18) years of age;

(5) (A) "Occupiable structure" means a vehicle, building, or other structure: (i) Where any person lives or carries on a business or other calling; (ii) Where people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or (iii) That is customarily used for overnight accommodation of a person whether or not a person is actually present. (B) "Occupiable structure" includes each unit of an occupiable structure divided into a separately occupied unit;

(A) "Occupiable structure" means a vehicle, building, or other structure: (i) Where any person lives or carries on a business or other calling; (ii) Where people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or (iii) That is customarily used for overnight accommodation of a person whether or not a person is actually present.

(i) Where any person lives or carries on a business or other calling;

(ii) Where people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or

(iii) That is customarily used for overnight accommodation of a person whether or not a person is actually present.

(B) "Occupiable structure" includes each unit of an occupiable structure divided into a separately occupied unit;

(6) "Physical force" means: (A) Any bodily impact, restraint, or confinement; or (B) The threat of any bodily impact, restraint, or confinement;

(A) Any bodily impact, restraint, or confinement; or

(B) The threat of any bodily impact, restraint, or confinement;

(7) "Premises" means: (A) An occupiable structure; or (B) Any real property;

(A) An occupiable structure; or

(B) Any real property;

(8) "School employee" includes a person employed by a school under a written contract, which shall include a: (A) Classified school employee; and (B) Licensed school employee;

(A) Classified school employee; and

(B) Licensed school employee;

(9) "Unlawful physical force" means physical force that is employed without the consent of the person against whom it is directed and the employment of the physical force constitutes a criminal offense or tort or would constitute a criminal offense or tort except for a defense other than the defense of justification or privilege; and

(10) "Vehicle" means any craft or device designed for the transportation of a person or property across land or water or through the air.

Amended by Act 2023, No. 165,§ 1, eff. 8/1/2023.

Acts 1975, No. 280, § 501; A.S.A. 1947, § 41-501.
Ark. Code Ann. § 5-4-905 — AR Code / Title 5 / Chapter 4 / Subchapter 9 / Section 5-4-905
Sanctions
Status: in_force

(a) (1) A pre-adjudication probation program judge may impose sanctions on a pre-adjudication probation program participant who fails to complete certain court-ordered pre-adjudication program requirements or meet certain court-ordered pre-adjudication program goals. (2) Sanctions may include without limitation: (A) Time spent in the custody of the county sheriff; (B) Additional fines; (C) Community service; (D) Substance abuse testing; (E) Written assignments; and (F) Volunteer work for a nonprofit organization. (b) The imposition of an additional sanction under this section: (1) Is not an execution of a sentence resulting from a conviction for the criminal offense for which the participant has entered the pre-adjudication probation program; and (2) Does not result by itself in the expulsion of the pre-adjudication probation program participant from the pre-adjudication probation program. Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.

(a) (1) A pre-adjudication probation program judge may impose sanctions on a pre-adjudication probation program participant who fails to complete certain court-ordered pre-adjudication program requirements or meet certain court-ordered pre-adjudication program goals. (2) Sanctions may include without limitation: (A) Time spent in the custody of the county sheriff; (B) Additional fines; (C) Community service; (D) Substance abuse testing; (E) Written assignments; and (F) Volunteer work for a nonprofit organization.

(1) A pre-adjudication probation program judge may impose sanctions on a pre-adjudication probation program participant who fails to complete certain court-ordered pre-adjudication program requirements or meet certain court-ordered pre-adjudication program goals.

(2) Sanctions may include without limitation: (A) Time spent in the custody of the county sheriff; (B) Additional fines; (C) Community service; (D) Substance abuse testing; (E) Written assignments; and (F) Volunteer work for a nonprofit organization.

(A) Time spent in the custody of the county sheriff;

(B) Additional fines;

(C) Community service;

(D) Substance abuse testing;

(E) Written assignments; and

(F) Volunteer work for a nonprofit organization.

(b) The imposition of an additional sanction under this section: (1) Is not an execution of a sentence resulting from a conviction for the criminal offense for which the participant has entered the pre-adjudication probation program; and (2) Does not result by itself in the expulsion of the pre-adjudication probation program participant from the pre-adjudication probation program.

(1) Is not an execution of a sentence resulting from a conviction for the criminal offense for which the participant has entered the pre-adjudication probation program; and

(2) Does not result by itself in the expulsion of the pre-adjudication probation program participant from the pre-adjudication probation program.

Added by Act 2013, No. 1340,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 5-4-108 — AR Code / Title 5 / Chapter 4 / Subchapter 1 / Section 5-4-108
Sentencing for person who committed an offense when he or she was less than 18 years of age
Status: in_force

A defendant shall not be sentenced to death or life imprisonment without the possibility of parole for an offense if the defendant was less than eighteen (18) years of age at the time the offense was committed. Added by Act 2017, No. 539,§ 4, eff. 3/20/2017.

A defendant shall not be sentenced to death or life imprisonment without the possibility of parole for an offense if the defendant was less than eighteen (18) years of age at the time the offense was committed.

Added by Act 2017, No. 539,§ 4, eff. 3/20/2017.
Ark. Code Ann. § 5-14-202 — AR Code / Title 5 / Chapter 14 / Subchapter 2 / Section 5-14-202
Access by prosecutors to medical records of persons charged with sex crimes - Victim notification of health risk
Status: in_force

(a) (1) Through a warrant issued by a judicial officer under Rule 13 of the Arkansas Rules of Criminal Procedure, a prosecuting attorney of this state is entitled access to a relevant medical record of a person charged with having committed a sex crime against another person, which act could have exposed the victim to a disease carried by the alleged offender. (2) (A) An application by a prosecuting attorney for a relevant medical record shall describe with particularity the person whose relevant medical record is to be obtained and shall be supported by one (1) or more affidavits or recorded testimony before a judicial officer particularly setting forth the facts and circumstances tending to show that the person may present a danger to the health of a victim of a sex crime. (B) If the judicial officer finds that the application meets the requirements of subdivision (a)(2)(A) of this section and that, on the basis of the proceeding before the judicial officer, there is reasonable cause to believe that the relevant medical record should be disclosed, the judicial officer shall issue a warrant directing disclosure of the medical record to the prosecuting attorney. (b) Upon service of a warrant, a person having custody of a relevant medical record shall grant access to the prosecuting attorney and is not subject to any liability for granting the access. (c) (1) If a prosecuting attorney after reviewing a medical record determines that a victim is subject to a health risk as a result of a sex crime, the prosecuting attorney may convey that health risk information to the victim, and the prosecuting attorney is not subject to any liability for disclosing that health risk information to the victim. (2) (A) The prosecuting attorney may disclose the health risk information to the victim only. (B) However, if the victim is a minor or is mentally incompetent, then the prosecuting attorney may disclose the health risk information to the victim's parent or legal guardian only. (d) The prosecuting attorney is not subject to any liability to the victim for failing to obtain a medical record or failing to disclose health risk information to the victim. (e) This subchapter does not repeal or supersede any rule of evidence or rule of criminal procedure that would allow the admissibility of a medical record as evidence in a criminal proceeding. Amended by Act 2013, No. 1125,§ 6, eff. 8/16/2013. Acts 2001, No. 1709, § 2; 2011, No. 1186, § 1.

(a) (1) Through a warrant issued by a judicial officer under Rule 13 of the Arkansas Rules of Criminal Procedure, a prosecuting attorney of this state is entitled access to a relevant medical record of a person charged with having committed a sex crime against another person, which act could have exposed the victim to a disease carried by the alleged offender. (2) (A) An application by a prosecuting attorney for a relevant medical record shall describe with particularity the person whose relevant medical record is to be obtained and shall be supported by one (1) or more affidavits or recorded testimony before a judicial officer particularly setting forth the facts and circumstances tending to show that the person may present a danger to the health of a victim of a sex crime. (B) If the judicial officer finds that the application meets the requirements of subdivision (a)(2)(A) of this section and that, on the basis of the proceeding before the judicial officer, there is reasonable cause to believe that the relevant medical record should be disclosed, the judicial officer shall issue a warrant directing disclosure of the medical record to the prosecuting attorney.

(1) Through a warrant issued by a judicial officer under Rule 13 of the Arkansas Rules of Criminal Procedure, a prosecuting attorney of this state is entitled access to a relevant medical record of a person charged with having committed a sex crime against another person, which act could have exposed the victim to a disease carried by the alleged offender.

(2) (A) An application by a prosecuting attorney for a relevant medical record shall describe with particularity the person whose relevant medical record is to be obtained and shall be supported by one (1) or more affidavits or recorded testimony before a judicial officer particularly setting forth the facts and circumstances tending to show that the person may present a danger to the health of a victim of a sex crime. (B) If the judicial officer finds that the application meets the requirements of subdivision (a)(2)(A) of this section and that, on the basis of the proceeding before the judicial officer, there is reasonable cause to believe that the relevant medical record should be disclosed, the judicial officer shall issue a warrant directing disclosure of the medical record to the prosecuting attorney.

(A) An application by a prosecuting attorney for a relevant medical record shall describe with particularity the person whose relevant medical record is to be obtained and shall be supported by one (1) or more affidavits or recorded testimony before a judicial officer particularly setting forth the facts and circumstances tending to show that the person may present a danger to the health of a victim of a sex crime.

(B) If the judicial officer finds that the application meets the requirements of subdivision (a)(2)(A) of this section and that, on the basis of the proceeding before the judicial officer, there is reasonable cause to believe that the relevant medical record should be disclosed, the judicial officer shall issue a warrant directing disclosure of the medical record to the prosecuting attorney.

(b) Upon service of a warrant, a person having custody of a relevant medical record shall grant access to the prosecuting attorney and is not subject to any liability for granting the access.

(c) (1) If a prosecuting attorney after reviewing a medical record determines that a victim is subject to a health risk as a result of a sex crime, the prosecuting attorney may convey that health risk information to the victim, and the prosecuting attorney is not subject to any liability for disclosing that health risk information to the victim. (2) (A) The prosecuting attorney may disclose the health risk information to the victim only. (B) However, if the victim is a minor or is mentally incompetent, then the prosecuting attorney may disclose the health risk information to the victim's parent or legal guardian only.

(1) If a prosecuting attorney after reviewing a medical record determines that a victim is subject to a health risk as a result of a sex crime, the prosecuting attorney may convey that health risk information to the victim, and the prosecuting attorney is not subject to any liability for disclosing that health risk information to the victim.

(2) (A) The prosecuting attorney may disclose the health risk information to the victim only. (B) However, if the victim is a minor or is mentally incompetent, then the prosecuting attorney may disclose the health risk information to the victim's parent or legal guardian only.

(A) The prosecuting attorney may disclose the health risk information to the victim only.

(B) However, if the victim is a minor or is mentally incompetent, then the prosecuting attorney may disclose the health risk information to the victim's parent or legal guardian only.

(d) The prosecuting attorney is not subject to any liability to the victim for failing to obtain a medical record or failing to disclose health risk information to the victim.

(e) This subchapter does not repeal or supersede any rule of evidence or rule of criminal procedure that would allow the admissibility of a medical record as evidence in a criminal proceeding.

Amended by Act 2013, No. 1125,§ 6, eff. 8/16/2013.

Acts 2001, No. 1709, § 2; 2011, No. 1186, § 1.
Ark. Code Ann. § 5-64-432 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-432
Possession of a Schedule IV or Schedule V controlled substance with the purpose to deliver
Status: in_force

(a) Except as provided by this chapter, it is unlawful if a person possesses a Schedule IV or Schedule V controlled substance with the purpose to deliver the Schedule IV or Schedule V controlled substance. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh and separate a Schedule IV or Schedule V controlled substance; (2) The person possesses a record indicating a drug-related transaction; (3) The Schedule IV or Schedule V controlled substance is separated and packaged in a manner to facilitate delivery; (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule IV or Schedule V controlled substance; (5) The person possesses at least two (2) other controlled substances in any amount; or (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule IV or Schedule V controlled substance. (b) A person who violates this section upon conviction is guilty of a: (1) Class D felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Less than two hundred grams (200g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(1); (B) Less than eighty (80) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or (C) Less than eighty (80) dosage units for any other Schedule IV or Schedule V stimulant drug; (2) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or (C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V stimulant drug; or (3) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Four hundred grams (400g) or more but less than eight hundred grams (800g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(3); (B) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or (C) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V stimulant drug. (c) It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule IV or Schedule V controlled substance that is listed in this section. Amended by Act 2013, No. 529,§ 3, eff. 8/16/2013. Acts 2011, No. 570, § 54.

(a) Except as provided by this chapter, it is unlawful if a person possesses a Schedule IV or Schedule V controlled substance with the purpose to deliver the Schedule IV or Schedule V controlled substance. Purpose to deliver may be shown by any of the following factors: (1) The person possesses the means to weigh and separate a Schedule IV or Schedule V controlled substance; (2) The person possesses a record indicating a drug-related transaction; (3) The Schedule IV or Schedule V controlled substance is separated and packaged in a manner to facilitate delivery; (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule IV or Schedule V controlled substance; (5) The person possesses at least two (2) other controlled substances in any amount; or (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule IV or Schedule V controlled substance.

(1) The person possesses the means to weigh and separate a Schedule IV or Schedule V controlled substance;

(2) The person possesses a record indicating a drug-related transaction;

(3) The Schedule IV or Schedule V controlled substance is separated and packaged in a manner to facilitate delivery;

(4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule IV or Schedule V controlled substance;

(5) The person possesses at least two (2) other controlled substances in any amount; or

(6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule IV or Schedule V controlled substance.

(b) A person who violates this section upon conviction is guilty of a: (1) Class D felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Less than two hundred grams (200g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(1); (B) Less than eighty (80) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or (C) Less than eighty (80) dosage units for any other Schedule IV or Schedule V stimulant drug; (2) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or (C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V stimulant drug; or (3) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Four hundred grams (400g) or more but less than eight hundred grams (800g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(3); (B) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or (C) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V stimulant drug.

(1) Class D felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Less than two hundred grams (200g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(1); (B) Less than eighty (80) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or (C) Less than eighty (80) dosage units for any other Schedule IV or Schedule V stimulant drug;

(A) Less than two hundred grams (200g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(1);

(B) Less than eighty (80) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or

(C) Less than eighty (80) dosage units for any other Schedule IV or Schedule V stimulant drug;

(2) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or (C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V stimulant drug; or

(A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(2);

(B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or

(C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V stimulant drug; or

(3) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent: (A) Four hundred grams (400g) or more but less than eight hundred grams (800g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(3); (B) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or (C) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V stimulant drug.

(A) Four hundred grams (400g) or more but less than eight hundred grams (800g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(3);

(B) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or

(C) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V stimulant drug.

(c) It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule IV or Schedule V controlled substance that is listed in this section.

Amended by Act 2013, No. 529,§ 3, eff. 8/16/2013.

Acts 2011, No. 570, § 54.
Ark. Code Ann. § 5-2-202 — AR Code / Title 5 / Chapter 2 / Subchapter 2 / Section 5-2-202
Culpable mental states - Definitions
Status: in_force

As used in the Arkansas Criminal Code, there are four (4) kinds of culpable mental states that are defined as follows: (1) "Purposely." A person acts purposely with respect to his or her conduct or a result of his or her conduct when it is the person's conscious object to engage in conduct of that nature or to cause the result; (2) "Knowingly." A person acts knowingly with respect to: (A) The person's conduct or the attendant circumstances when he or she is aware that his or her conduct is of that nature or that the attendant circumstances exist; or (B) A result of the person's conduct when he or she is aware that it is practically certain that his or her conduct will cause the result; (3) "Recklessly." (A) A person acts recklessly with respect to attendant circumstances or a result of his or her conduct when the person consciously disregards a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur. (B) The risk must be of a nature and degree that disregard of the risk constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor's situation; and (4) "Negligently." (A) A person acts negligently with respect to attendant circumstances or a result of his or her conduct when the person should be aware of a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur. (B) The risk must be of such a nature and degree that the actor's failure to perceive the risk involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation considering the nature and purpose of the actor's conduct and the circumstances known to the actor. Acts 1975, No. 280, § 203; A.S.A. 1947, § 41-203.

As used in the Arkansas Criminal Code, there are four (4) kinds of culpable mental states that are defined as follows:

(1) "Purposely." A person acts purposely with respect to his or her conduct or a result of his or her conduct when it is the person's conscious object to engage in conduct of that nature or to cause the result;

(2) "Knowingly." A person acts knowingly with respect to: (A) The person's conduct or the attendant circumstances when he or she is aware that his or her conduct is of that nature or that the attendant circumstances exist; or (B) A result of the person's conduct when he or she is aware that it is practically certain that his or her conduct will cause the result;

(A) The person's conduct or the attendant circumstances when he or she is aware that his or her conduct is of that nature or that the attendant circumstances exist; or

(B) A result of the person's conduct when he or she is aware that it is practically certain that his or her conduct will cause the result;

(3) "Recklessly." (A) A person acts recklessly with respect to attendant circumstances or a result of his or her conduct when the person consciously disregards a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur. (B) The risk must be of a nature and degree that disregard of the risk constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor's situation; and

(A) A person acts recklessly with respect to attendant circumstances or a result of his or her conduct when the person consciously disregards a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur.

(B) The risk must be of a nature and degree that disregard of the risk constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor's situation; and

(4) "Negligently." (A) A person acts negligently with respect to attendant circumstances or a result of his or her conduct when the person should be aware of a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur. (B) The risk must be of such a nature and degree that the actor's failure to perceive the risk involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation considering the nature and purpose of the actor's conduct and the circumstances known to the actor.

(A) A person acts negligently with respect to attendant circumstances or a result of his or her conduct when the person should be aware of a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur.

(B) The risk must be of such a nature and degree that the actor's failure to perceive the risk involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation considering the nature and purpose of the actor's conduct and the circumstances known to the actor.

Acts 1975, No. 280, § 203; A.S.A. 1947, § 41-203.
Ark. Code Ann. § 5-73-132 — AR Code / Title 5 / Chapter 73 / Subchapter 1 / Section 5-73-132
Sale, rental, or transfer of firearm to person prohibited from possessing firearms
Status: in_force

(a) A person shall not sell, rent, or transfer a firearm to any person whom he or she knows is prohibited by state or federal law from possessing the firearm. (b) (1) Violation of this section is a Class A misdemeanor, unless the firearm is: (A) A handgun; (B) An explosive or incendiary device, as defined in § 5-71-301 ; (C) A defaced firearm, as described in § 5-73-107 ; or (D) Other implement for the infliction of serious physical injury or death that serves no lawful purpose. (2) If the firearm is listed in subdivision (b)(1) of this section, a violation of this section is a Class B felony. Amended by Act 2019, No. 1051,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 495,§ 4, eff. 7/24/2019. Acts 1999, No. 1558, § 3.

(a) A person shall not sell, rent, or transfer a firearm to any person whom he or she knows is prohibited by state or federal law from possessing the firearm.

(b) (1) Violation of this section is a Class A misdemeanor, unless the firearm is: (A) A handgun; (B) An explosive or incendiary device, as defined in § 5-71-301 ; (C) A defaced firearm, as described in § 5-73-107 ; or (D) Other implement for the infliction of serious physical injury or death that serves no lawful purpose. (2) If the firearm is listed in subdivision (b)(1) of this section, a violation of this section is a Class B felony.

(1) Violation of this section is a Class A misdemeanor, unless the firearm is: (A) A handgun; (B) An explosive or incendiary device, as defined in § 5-71-301 ; (C) A defaced firearm, as described in § 5-73-107 ; or (D) Other implement for the infliction of serious physical injury or death that serves no lawful purpose.

(A) A handgun;

(B) An explosive or incendiary device, as defined in § 5-71-301 ;

(C) A defaced firearm, as described in § 5-73-107 ; or

(D) Other implement for the infliction of serious physical injury or death that serves no lawful purpose.

(2) If the firearm is listed in subdivision (b)(1) of this section, a violation of this section is a Class B felony.

Amended by Act 2019, No. 1051,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 495,§ 4, eff. 7/24/2019.

Acts 1999, No. 1558, § 3.
Ark. Code Ann. § 5-68-502 — AR Code / Title 5 / Chapter 68 / Subchapter 5 / Section 5-68-502
Selling, loaning, or displaying pornography to minors
Status: in_force

(a) It is unlawful for any person, including without limitation any person having custody, control, or supervision of any commercial establishment, to knowingly: (1) (A) Display material that is harmful to minors in such a way that the material is exposed to the view of a minor as part of the invited general public. (B) However, a person is deemed not to have displayed material harmful to minors if: (i) The material is kept behind devices commonly known as "blinder racks" so that the lower two-thirds (2/3) of the material is not exposed to view; or (ii) Material harmful to minors is not contained on the front cover, back cover, or binding of the displayed material; (2) (A) Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor with or without consideration any material that is harmful to minors. (B) However, the prohibition under subdivision (a)(2)(A) of this section does not apply to any dissemination: (i) By a parent, guardian, or relative within the third degree of consanguinity of the minor; or (ii) With the consent of a parent or guardian of the minor; or (3) (A) Present to a minor or participate in presenting to a minor with or without consideration any performance that is harmful to minors. (B) However, the prohibition under subdivision (a)(3)(A) of this section does not apply to any dissemination: (i) By a parent, guardian, or relative within the third degree of consanguinity to the minor; or (ii) With the consent of a parent or guardian of the minor. (b) A violation of subsection (a) of this section is a Class B misdemeanor. Amended by Act 2015, No. 1263,§ 19, eff. 7/22/2015. Acts 1969, No. 133, § 2; A.S.A. 1947, § 41-3582; Acts 1999, No. 1263, § 2; 2003, No. 858, § 1; 2007, No. 579, § 1.

(a) It is unlawful for any person, including without limitation any person having custody, control, or supervision of any commercial establishment, to knowingly: (1) (A) Display material that is harmful to minors in such a way that the material is exposed to the view of a minor as part of the invited general public. (B) However, a person is deemed not to have displayed material harmful to minors if: (i) The material is kept behind devices commonly known as "blinder racks" so that the lower two-thirds (2/3) of the material is not exposed to view; or (ii) Material harmful to minors is not contained on the front cover, back cover, or binding of the displayed material; (2) (A) Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor with or without consideration any material that is harmful to minors. (B) However, the prohibition under subdivision (a)(2)(A) of this section does not apply to any dissemination: (i) By a parent, guardian, or relative within the third degree of consanguinity of the minor; or (ii) With the consent of a parent or guardian of the minor; or (3) (A) Present to a minor or participate in presenting to a minor with or without consideration any performance that is harmful to minors. (B) However, the prohibition under subdivision (a)(3)(A) of this section does not apply to any dissemination: (i) By a parent, guardian, or relative within the third degree of consanguinity to the minor; or (ii) With the consent of a parent or guardian of the minor.

(1) (A) Display material that is harmful to minors in such a way that the material is exposed to the view of a minor as part of the invited general public. (B) However, a person is deemed not to have displayed material harmful to minors if: (i) The material is kept behind devices commonly known as "blinder racks" so that the lower two-thirds (2/3) of the material is not exposed to view; or (ii) Material harmful to minors is not contained on the front cover, back cover, or binding of the displayed material;

(A) Display material that is harmful to minors in such a way that the material is exposed to the view of a minor as part of the invited general public.

(B) However, a person is deemed not to have displayed material harmful to minors if: (i) The material is kept behind devices commonly known as "blinder racks" so that the lower two-thirds (2/3) of the material is not exposed to view; or (ii) Material harmful to minors is not contained on the front cover, back cover, or binding of the displayed material;

(i) The material is kept behind devices commonly known as "blinder racks" so that the lower two-thirds (2/3) of the material is not exposed to view; or

(ii) Material harmful to minors is not contained on the front cover, back cover, or binding of the displayed material;

(2) (A) Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor with or without consideration any material that is harmful to minors. (B) However, the prohibition under subdivision (a)(2)(A) of this section does not apply to any dissemination: (i) By a parent, guardian, or relative within the third degree of consanguinity of the minor; or (ii) With the consent of a parent or guardian of the minor; or

(A) Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor with or without consideration any material that is harmful to minors.

(B) However, the prohibition under subdivision (a)(2)(A) of this section does not apply to any dissemination: (i) By a parent, guardian, or relative within the third degree of consanguinity of the minor; or (ii) With the consent of a parent or guardian of the minor; or

(i) By a parent, guardian, or relative within the third degree of consanguinity of the minor; or

(ii) With the consent of a parent or guardian of the minor; or

(3) (A) Present to a minor or participate in presenting to a minor with or without consideration any performance that is harmful to minors. (B) However, the prohibition under subdivision (a)(3)(A) of this section does not apply to any dissemination: (i) By a parent, guardian, or relative within the third degree of consanguinity to the minor; or (ii) With the consent of a parent or guardian of the minor.

(A) Present to a minor or participate in presenting to a minor with or without consideration any performance that is harmful to minors.

(B) However, the prohibition under subdivision (a)(3)(A) of this section does not apply to any dissemination: (i) By a parent, guardian, or relative within the third degree of consanguinity to the minor; or (ii) With the consent of a parent or guardian of the minor.

(i) By a parent, guardian, or relative within the third degree of consanguinity to the minor; or

(ii) With the consent of a parent or guardian of the minor.

(b) A violation of subsection (a) of this section is a Class B misdemeanor.

Amended by Act 2015, No. 1263,§ 19, eff. 7/22/2015.

Acts 1969, No. 133, § 2; A.S.A. 1947, § 41-3582; Acts 1999, No. 1263, § 2; 2003, No. 858, § 1; 2007, No. 579, § 1.
Ark. Code Ann. § 5-10-205 — AR Code / Title 5 / Chapter 10 / Subchapter 2 / Section 5-10-205
Effect of subchapter on Joshua Ashley-Pauley Act
Status: in_force

This subchapter does not restrict or interfere with the rights and immunities provided in the Joshua Ashley-Pauley Act, § 20-13-1701 et seq. Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.

This subchapter does not restrict or interfere with the rights and immunities provided in the Joshua Ashley-Pauley Act, § 20-13-1701 et seq.

Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.
Ark. Code Ann. § 5-37-208 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-208
Criminal impersonation
Status: in_force

(a) (1) A person commits criminal impersonation in the first degree if, with the purpose to induce a person to submit to pretended official authority for the purpose to injure or defraud the person, the person: (A) Pretends to be a law enforcement officer by wearing or displaying, without authority, any uniform or badge by which a law enforcement officer is lawfully distinguished; or (B) Uses a motor vehicle or motorcycle designed, equipped, or marked with an emblem, logo, marking, decal, insignia, or design so as to resemble a motor vehicle or motorcycle belonging to a federal, state, or local law enforcement agency or law enforcement officer. (2) Criminal impersonation in the first degree is a Class D felony. (b) (1) A person commits criminal impersonation in the second degree if the person does an act in his or her pretended or assumed capacity or character with the purpose to injure, defraud, harass, or intimidate another person and the actor: (A) Assumes a false identity; (B) Pretends to be a representative of a person or organization; (C) Pretends to be an officer or employee of the government other than a law enforcement officer described in subsection (a) of this section; (D) Pretends that he or she is a law enforcement officer when the person is not a law enforcement officer; (E) Pretends to have a handicap or disability; or (F) Pretends that he or she is a member of the United States Armed Forces or National Guard. (2) Criminal impersonation in the second degree is a: (A) Class D felony if: (i) The victim of the offense is an animal owner; and (ii) An animal of the owner is seized as a result of the offense; or (B) Class A misdemeanor if otherwise committed. (c) As used in this section: (1) "Animal" means the same as defined in § 5-62-102 ; and (2) "Owner" means the same as defined in § 5-62-102 . (d) A circuit court or district court in which a charge is filed under subsection (a) of this section may immediately order the removal of any emblems, logos, markings, decals, insignia, or designs that are the subject of a criminal charge under this section. Amended by Act 2017, No. 74,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 234,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1178,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 433,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 2310; A.S.A. 1947, § 41-2310; Acts 1991, No. 786, § 3; 1997, No. 1014, § 1.

(a) (1) A person commits criminal impersonation in the first degree if, with the purpose to induce a person to submit to pretended official authority for the purpose to injure or defraud the person, the person: (A) Pretends to be a law enforcement officer by wearing or displaying, without authority, any uniform or badge by which a law enforcement officer is lawfully distinguished; or (B) Uses a motor vehicle or motorcycle designed, equipped, or marked with an emblem, logo, marking, decal, insignia, or design so as to resemble a motor vehicle or motorcycle belonging to a federal, state, or local law enforcement agency or law enforcement officer. (2) Criminal impersonation in the first degree is a Class D felony.

(1) A person commits criminal impersonation in the first degree if, with the purpose to induce a person to submit to pretended official authority for the purpose to injure or defraud the person, the person: (A) Pretends to be a law enforcement officer by wearing or displaying, without authority, any uniform or badge by which a law enforcement officer is lawfully distinguished; or (B) Uses a motor vehicle or motorcycle designed, equipped, or marked with an emblem, logo, marking, decal, insignia, or design so as to resemble a motor vehicle or motorcycle belonging to a federal, state, or local law enforcement agency or law enforcement officer.

(A) Pretends to be a law enforcement officer by wearing or displaying, without authority, any uniform or badge by which a law enforcement officer is lawfully distinguished; or

(B) Uses a motor vehicle or motorcycle designed, equipped, or marked with an emblem, logo, marking, decal, insignia, or design so as to resemble a motor vehicle or motorcycle belonging to a federal, state, or local law enforcement agency or law enforcement officer.

(2) Criminal impersonation in the first degree is a Class D felony.

(b) (1) A person commits criminal impersonation in the second degree if the person does an act in his or her pretended or assumed capacity or character with the purpose to injure, defraud, harass, or intimidate another person and the actor: (A) Assumes a false identity; (B) Pretends to be a representative of a person or organization; (C) Pretends to be an officer or employee of the government other than a law enforcement officer described in subsection (a) of this section; (D) Pretends that he or she is a law enforcement officer when the person is not a law enforcement officer; (E) Pretends to have a handicap or disability; or (F) Pretends that he or she is a member of the United States Armed Forces or National Guard. (2) Criminal impersonation in the second degree is a: (A) Class D felony if: (i) The victim of the offense is an animal owner; and (ii) An animal of the owner is seized as a result of the offense; or (B) Class A misdemeanor if otherwise committed.

(1) A person commits criminal impersonation in the second degree if the person does an act in his or her pretended or assumed capacity or character with the purpose to injure, defraud, harass, or intimidate another person and the actor: (A) Assumes a false identity; (B) Pretends to be a representative of a person or organization; (C) Pretends to be an officer or employee of the government other than a law enforcement officer described in subsection (a) of this section; (D) Pretends that he or she is a law enforcement officer when the person is not a law enforcement officer; (E) Pretends to have a handicap or disability; or (F) Pretends that he or she is a member of the United States Armed Forces or National Guard.

(A) Assumes a false identity;

(B) Pretends to be a representative of a person or organization;

(C) Pretends to be an officer or employee of the government other than a law enforcement officer described in subsection (a) of this section;

(D) Pretends that he or she is a law enforcement officer when the person is not a law enforcement officer;

(E) Pretends to have a handicap or disability; or

(F) Pretends that he or she is a member of the United States Armed Forces or National Guard.

(2) Criminal impersonation in the second degree is a: (A) Class D felony if: (i) The victim of the offense is an animal owner; and (ii) An animal of the owner is seized as a result of the offense; or (B) Class A misdemeanor if otherwise committed.

(A) Class D felony if: (i) The victim of the offense is an animal owner; and (ii) An animal of the owner is seized as a result of the offense; or

(i) The victim of the offense is an animal owner; and

(ii) An animal of the owner is seized as a result of the offense; or

(B) Class A misdemeanor if otherwise committed.

(c) As used in this section: (1) "Animal" means the same as defined in § 5-62-102 ; and (2) "Owner" means the same as defined in § 5-62-102 .

(1) "Animal" means the same as defined in § 5-62-102 ; and

(2) "Owner" means the same as defined in § 5-62-102 .

(d) A circuit court or district court in which a charge is filed under subsection (a) of this section may immediately order the removal of any emblems, logos, markings, decals, insignia, or designs that are the subject of a criminal charge under this section.

Amended by Act 2017, No. 74,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 234,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1178,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 433,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 2310; A.S.A. 1947, § 41-2310; Acts 1991, No. 786, § 3; 1997, No. 1014, § 1.
Ark. Code Ann. § 5-14-101 — AR Code / Title 5 / Chapter 14 / Subchapter 1 / Section 5-14-101
Definitions
Status: in_force

As used in this chapter: (1) "Deviate sexual activity" means any act of sexual gratification involving: (A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or (B) The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person; (2) "Easement" means a surface easement for pedestrian, bicycle, and recreational use; (3) "Forcible compulsion" means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person; (4) "Guardian" means a parent, stepparent, legal guardian, legal custodian, foster parent, or any person who by virtue of a living arrangement is placed in an apparent position of power or authority over a minor; (5) (A) "Mentally defective" means that a person suffers from a mental disease or defect that renders the person: (i) Incapable of understanding the nature and consequences of a sexual act; or (ii) Unaware a sexual act is occurring. (B) A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient; (6) "Mentally incapacitated" means that a person is temporarily incapable of appreciating or controlling the person's conduct as a result of the influence of a controlled or intoxicating substance: (A) Administered to the person without the person's consent; or (B) That renders the person unaware a sexual act is occurring; (7) "Minor" means a person who is less than eighteen (18) years of age; (8) "Physically helpless" means that a person is: (A) Unconscious; (B) Physically unable to communicate a lack of consent; or (C) Rendered unaware a sexual act is occurring; (9) "Public place" means a publicly or privately owned place to which the public or a substantial number of people have access; (10) "Public view" means observable or likely to be observed by a person in a public place; (11) "Recording" includes without limitation an image or video; (12) "Sexual contact" means: (A) An act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; or (B) Urinating, defecating, or ejaculating on another person for the purpose of sexual gratification; (13) "Sexual intercourse" means penetration, however slight, of the labia majora by a penis; (14) "Sexually explicit conduct" means the same as defined in § 5-27-302 ; and (15) "State of nudity" means the same as defined in § 5-26-302 . Amended by Act 2021, No. 963,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 431,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 664,§ 1, eff. 8/1/2017. Acts 1975, No. 280, § 1801; 1985, No. 327, § 1; 1985, No. 563, § 1; A.S.A. 1947, § 41-1801; Acts 1995, No. 525, § 1; 2001, No. 1724, § 1; 2009, No. 748, § 7.

As used in this chapter:

(1) "Deviate sexual activity" means any act of sexual gratification involving: (A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or (B) The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person;

(A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or

(B) The penetration, however slight, of the labia majora or anus of a person by any body member or foreign instrument manipulated by another person;

(2) "Easement" means a surface easement for pedestrian, bicycle, and recreational use;

(3) "Forcible compulsion" means physical force or a threat, express or implied, of death or physical injury to or kidnapping of any person;

(4) "Guardian" means a parent, stepparent, legal guardian, legal custodian, foster parent, or any person who by virtue of a living arrangement is placed in an apparent position of power or authority over a minor;

(5) (A) "Mentally defective" means that a person suffers from a mental disease or defect that renders the person: (i) Incapable of understanding the nature and consequences of a sexual act; or (ii) Unaware a sexual act is occurring. (B) A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient;

(A) "Mentally defective" means that a person suffers from a mental disease or defect that renders the person: (i) Incapable of understanding the nature and consequences of a sexual act; or (ii) Unaware a sexual act is occurring.

(i) Incapable of understanding the nature and consequences of a sexual act; or

(ii) Unaware a sexual act is occurring.

(B) A determination that a person is mentally defective shall not be based solely on the person's intelligence quotient;

(6) "Mentally incapacitated" means that a person is temporarily incapable of appreciating or controlling the person's conduct as a result of the influence of a controlled or intoxicating substance: (A) Administered to the person without the person's consent; or (B) That renders the person unaware a sexual act is occurring;

(A) Administered to the person without the person's consent; or

(B) That renders the person unaware a sexual act is occurring;

(7) "Minor" means a person who is less than eighteen (18) years of age;

(8) "Physically helpless" means that a person is: (A) Unconscious; (B) Physically unable to communicate a lack of consent; or (C) Rendered unaware a sexual act is occurring;

(A) Unconscious;

(B) Physically unable to communicate a lack of consent; or

(C) Rendered unaware a sexual act is occurring;

(9) "Public place" means a publicly or privately owned place to which the public or a substantial number of people have access;

(10) "Public view" means observable or likely to be observed by a person in a public place;

(11) "Recording" includes without limitation an image or video;

(12) "Sexual contact" means: (A) An act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; or (B) Urinating, defecating, or ejaculating on another person for the purpose of sexual gratification;

(A) An act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; or

(B) Urinating, defecating, or ejaculating on another person for the purpose of sexual gratification;

(13) "Sexual intercourse" means penetration, however slight, of the labia majora by a penis;

(14) "Sexually explicit conduct" means the same as defined in § 5-27-302 ; and

(15) "State of nudity" means the same as defined in § 5-26-302 .

Amended by Act 2021, No. 963,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 431,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 664,§ 1, eff. 8/1/2017.

Acts 1975, No. 280, § 1801; 1985, No. 327, § 1; 1985, No. 563, § 1; A.S.A. 1947, § 41-1801; Acts 1995, No. 525, § 1; 2001, No. 1724, § 1; 2009, No. 748, § 7.
Ark. Code Ann. § 5-76-105 — AR Code / Title 5 / Chapter 76 / Section 5-76-105
[Repealed]
Status: repealed

Repealed by Act 2015, No. 299,§ 16, eff. 7/22/2015. Acts 1995, No. 518, §§ 12, 13; 2001, No. 561, §§ 30, 31.

Repealed by Act 2015, No. 299,§ 16, eff. 7/22/2015.

Acts 1995, No. 518, §§ 12, 13; 2001, No. 561, §§ 30, 31.
Ark. Code Ann. § 5-64-426 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-426
Delivery of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine
Status: in_force

(a) This section does not apply to the delivery of methamphetamine, fentanyl, heroin, or cocaine, which is governed by §§ 5-64-421 and 5-64-422 . (b) Except as provided in this chapter, it is unlawful for a person to deliver a Schedule I or Schedule II controlled substance. (c) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the person delivered by aggregate weight, including an adulterant or diluent, less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine; (2) Class B felony if the person delivered by aggregate weight, including an adulterant or diluent: (A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride; (C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD); (D) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug; or (3) Class A felony if the person delivered by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(3); (B) One hundred sixty (160) dosage units or more but less than two hundred grams (200g) of hydromorphone hydrochloride; (C) One hundred sixty (160) dosage units or more but less than two hundred grams (200g) of lysergic acid diethylamide (LSD); (D) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug. Amended by Act 2021, No. 887,§ 6, eff. 7/28/2021. Acts 2011, No. 570, § 49.

(a) This section does not apply to the delivery of methamphetamine, fentanyl, heroin, or cocaine, which is governed by §§ 5-64-421 and 5-64-422 .

(b) Except as provided in this chapter, it is unlawful for a person to deliver a Schedule I or Schedule II controlled substance.

(c) A person who violates this section upon conviction is guilty of a: (1) Class C felony if the person delivered by aggregate weight, including an adulterant or diluent, less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine; (2) Class B felony if the person delivered by aggregate weight, including an adulterant or diluent: (A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride; (C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD); (D) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug; or (3) Class A felony if the person delivered by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(3); (B) One hundred sixty (160) dosage units or more but less than two hundred grams (200g) of hydromorphone hydrochloride; (C) One hundred sixty (160) dosage units or more but less than two hundred grams (200g) of lysergic acid diethylamide (LSD); (D) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug.

(1) Class C felony if the person delivered by aggregate weight, including an adulterant or diluent, less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine;

(2) Class B felony if the person delivered by aggregate weight, including an adulterant or diluent: (A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(2); (B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride; (C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD); (D) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug; or

(A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(2);

(B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride;

(C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD);

(D) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or

(E) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug; or

(3) Class A felony if the person delivered by aggregate weight, including an adulterant or diluent: (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(3); (B) One hundred sixty (160) dosage units or more but less than two hundred grams (200g) of hydromorphone hydrochloride; (C) One hundred sixty (160) dosage units or more but less than two hundred grams (200g) of lysergic acid diethylamide (LSD); (D) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or (E) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug.

(A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, cocaine, or a controlled substance listed in this subdivision (c)(3);

(B) One hundred sixty (160) dosage units or more but less than two hundred grams (200g) of hydromorphone hydrochloride;

(C) One hundred sixty (160) dosage units or more but less than two hundred grams (200g) of lysergic acid diethylamide (LSD);

(D) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or

(E) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug.

Amended by Act 2021, No. 887,§ 6, eff. 7/28/2021.

Acts 2011, No. 570, § 49.
Ark. Code Ann. § 5-2-304 — AR Code / Title 5 / Chapter 2 / Subchapter 3 / Section 5-2-304
Notice requirement
Status: in_force

(a) When a defendant intends to raise lack of criminal responsibility as a defense in a prosecution or put in issue his or her fitness to proceed, the defendant shall notify the prosecutor and the court at the earliest practicable time. (b) (1) Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant. (2) Alternatively, in lieu of suspending any further proceedings under § 5-2-328 , the court may order the immediate examination of the defendant at a designated receiving facility or program by an expert. Amended by Act 2017, No. 472,§ 4, eff. 8/1/2017. Acts 1975, No. 280, § 604; 1977, No. 360, § 1; A.S.A. 1947, § 41-604; Acts 1995, No. 767, § 2.

(a) When a defendant intends to raise lack of criminal responsibility as a defense in a prosecution or put in issue his or her fitness to proceed, the defendant shall notify the prosecutor and the court at the earliest practicable time.

(b) (1) Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant. (2) Alternatively, in lieu of suspending any further proceedings under § 5-2-328 , the court may order the immediate examination of the defendant at a designated receiving facility or program by an expert.

(1) Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant.

(2) Alternatively, in lieu of suspending any further proceedings under § 5-2-328 , the court may order the immediate examination of the defendant at a designated receiving facility or program by an expert.

Amended by Act 2017, No. 472,§ 4, eff. 8/1/2017.

Acts 1975, No. 280, § 604; 1977, No. 360, § 1; A.S.A. 1947, § 41-604; Acts 1995, No. 767, § 2.
Ark. Code Ann. § 5-73-326 — AR Code / Title 5 / Chapter 73 / Subchapter 3 / Section 5-73-326
[Repealed]
Status: repealed

Repealed by Act 2021, No. 809,§ 2, eff. 7/28/2021. Added by Act 2017, No. 1071,§ 3, eff. 8/1/2017.

Repealed by Act 2021, No. 809,§ 2, eff. 7/28/2021.

Added by Act 2017, No. 1071,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 5-65-103 — AR Code / Title 5 / Chapter 65 / Subchapter 1 / Section 5-65-103
Driving or boating while intoxicated
Status: in_force

(a) (1) It is unlawful and punishable as provided in this chapter for a person who is intoxicated to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle. (2) It is unlawful and punishable as provided in this chapter for a person to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle if at that time the alcohol concentration in the person's breath or blood was eight hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204 . (b) The consumption of alcohol or the possession of an open container of alcohol aboard a motorboat does not in and of itself constitute probable cause that the person committed the offense of boating while intoxicated. (c) An alcohol-related offense under this section is a strict liability offense. Amended by Act 2015EX1, No. 6,§ 4, eff. 7/22/2015. Amended by Act 2015EX1, No. 6,§ 3, eff. 5/29/2015. Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015. Amended by Act 2013, No. 361,§ 2, eff. 8/16/2013. Acts 1983, No. 549, § 3; A.S.A. 1947, § 75-2503; Acts 2001, No. 561, § 2.

(a) (1) It is unlawful and punishable as provided in this chapter for a person who is intoxicated to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle. (2) It is unlawful and punishable as provided in this chapter for a person to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle if at that time the alcohol concentration in the person's breath or blood was eight hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204 .

(1) It is unlawful and punishable as provided in this chapter for a person who is intoxicated to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle.

(2) It is unlawful and punishable as provided in this chapter for a person to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle if at that time the alcohol concentration in the person's breath or blood was eight hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204 .

(b) The consumption of alcohol or the possession of an open container of alcohol aboard a motorboat does not in and of itself constitute probable cause that the person committed the offense of boating while intoxicated.

(c) An alcohol-related offense under this section is a strict liability offense.

Amended by Act 2015EX1, No. 6,§ 4, eff. 7/22/2015.

Amended by Act 2015EX1, No. 6,§ 3, eff. 5/29/2015.

Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.

Amended by Act 2013, No. 361,§ 2, eff. 8/16/2013.

Acts 1983, No. 549, § 3; A.S.A. 1947, § 75-2503; Acts 2001, No. 561, § 2.
Ark. Code Ann. § 5-62-203 — AR Code / Title 5 / Chapter 62 / Subchapter 2 / Section 5-62-203
Offenses
Status: in_force

(a) (1) A person commits an offense if, without the effective consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility, with the purpose to: (A) Deprive the owner of the animal facility, animal, or property; and (B) Disrupt or damage the enterprise conducted at the animal facility. (2) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person damages or destroys: (A) An animal facility; or (B) Any animal or property in or on an animal facility. (3) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person: (A) Enters an animal facility, not then open to the public, with the purpose to commit an act prohibited by this section; (B) Remains concealed, with the purpose to commit an act prohibited by this section, in an animal facility; or (C) Enters an animal facility and commits or attempts to commit an act prohibited by this section. (4) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person: (A) Enters or remains in an animal facility; and (B) Had notice that the entry was forbidden or received notice to depart but failed to depart. (b) A person who violates this section upon conviction is guilty of a Class D felony. (c) A person convicted of violating this section shall be ordered to make restitution to the animal facility in the full amount of the reasonable cost of: (1) Replacing materials, data, equipment, or animals, and records that may have been damaged or cannot be returned; and (2) Repeating any experimentation that may have been interrupted or invalidated as a result of the violation. (d) This subchapter does not affect any other right of a person that has been damaged by reason of a violation of this subchapter. Amended by Act 2015, No. 1263,§ 15, eff. 7/22/2015. Acts 1991, No. 1006, § 3.

(a) (1) A person commits an offense if, without the effective consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility, with the purpose to: (A) Deprive the owner of the animal facility, animal, or property; and (B) Disrupt or damage the enterprise conducted at the animal facility. (2) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person damages or destroys: (A) An animal facility; or (B) Any animal or property in or on an animal facility. (3) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person: (A) Enters an animal facility, not then open to the public, with the purpose to commit an act prohibited by this section; (B) Remains concealed, with the purpose to commit an act prohibited by this section, in an animal facility; or (C) Enters an animal facility and commits or attempts to commit an act prohibited by this section. (4) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person: (A) Enters or remains in an animal facility; and (B) Had notice that the entry was forbidden or received notice to depart but failed to depart.

(1) A person commits an offense if, without the effective consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility, with the purpose to: (A) Deprive the owner of the animal facility, animal, or property; and (B) Disrupt or damage the enterprise conducted at the animal facility.

(A) Deprive the owner of the animal facility, animal, or property; and

(B) Disrupt or damage the enterprise conducted at the animal facility.

(2) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person damages or destroys: (A) An animal facility; or (B) Any animal or property in or on an animal facility.

(A) An animal facility; or

(B) Any animal or property in or on an animal facility.

(3) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person: (A) Enters an animal facility, not then open to the public, with the purpose to commit an act prohibited by this section; (B) Remains concealed, with the purpose to commit an act prohibited by this section, in an animal facility; or (C) Enters an animal facility and commits or attempts to commit an act prohibited by this section.

(A) Enters an animal facility, not then open to the public, with the purpose to commit an act prohibited by this section;

(B) Remains concealed, with the purpose to commit an act prohibited by this section, in an animal facility; or

(C) Enters an animal facility and commits or attempts to commit an act prohibited by this section.

(4) A person commits an offense if, without the effective consent of the owner and with the purpose to disrupt or damage the enterprise conducted at the animal facility, the person: (A) Enters or remains in an animal facility; and (B) Had notice that the entry was forbidden or received notice to depart but failed to depart.

(A) Enters or remains in an animal facility; and

(B) Had notice that the entry was forbidden or received notice to depart but failed to depart.

(b) A person who violates this section upon conviction is guilty of a Class D felony.

(c) A person convicted of violating this section shall be ordered to make restitution to the animal facility in the full amount of the reasonable cost of: (1) Replacing materials, data, equipment, or animals, and records that may have been damaged or cannot be returned; and (2) Repeating any experimentation that may have been interrupted or invalidated as a result of the violation.

(1) Replacing materials, data, equipment, or animals, and records that may have been damaged or cannot be returned; and

(2) Repeating any experimentation that may have been interrupted or invalidated as a result of the violation.

(d) This subchapter does not affect any other right of a person that has been damaged by reason of a violation of this subchapter.

Amended by Act 2015, No. 1263,§ 15, eff. 7/22/2015.

Acts 1991, No. 1006, § 3.
Ark. Code Ann. § 5-41-109 — AR Code / Title 5 / Chapter 41 / Subchapter 1 / Section 5-41-109
Disclosure of personal information
Status: in_force

An Internet service provider shall disclose personally identifiable information concerning a consumer pursuant to a subpoena, warrant, or court order issued under authority of a law of this state, another state, or the United States Government. Acts 2003, No. 1087, § 6.

An Internet service provider shall disclose personally identifiable information concerning a consumer pursuant to a subpoena, warrant, or court order issued under authority of a law of this state, another state, or the United States Government.

Acts 2003, No. 1087, § 6.
Ark. Code Ann. § 5-37-219 — AR Code / Title 5 / Chapter 37 / Subchapter 2 / Section 5-37-219
Unlawful possession of a skimmer
Status: in_force

(a) As used in this section, "skimmer" means an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner financial sight order or payment card information. (b) A person commits the offense of unlawful possession of a skimmer if he or she knowingly possesses a skimmer with the purpose to commit an offense under this subchapter. (c) Unlawful possession of a skimmer is a Class C felony. Added by Act 2017, No. 932,§ 1, eff. 8/1/2017.

(a) As used in this section, "skimmer" means an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner financial sight order or payment card information.

(b) A person commits the offense of unlawful possession of a skimmer if he or she knowingly possesses a skimmer with the purpose to commit an offense under this subchapter.

(c) Unlawful possession of a skimmer is a Class C felony.

Added by Act 2017, No. 932,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 5-74-101 — AR Code / Title 5 / Chapter 74 / Subchapter 1 / Section 5-74-101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Criminal Gang, Organization, or Enterprise Act". Acts 1993, No. 1002, § 1.

This subchapter shall be known and may be cited as the "Arkansas Criminal Gang, Organization, or Enterprise Act".

Acts 1993, No. 1002, § 1.
Ark. Code Ann. § 5-64-406 — AR Code / Title 5 / Chapter 64 / Subchapter 4 / Section 5-64-406
Delivery to minors - Enhanced penalties
Status: in_force

(a) Any person eighteen (18) years of age or older who violates § 5-64-422 , § 5-64-426 , or § 5-64-440 by delivering or trafficking a Schedule I or Schedule II controlled substance that is a narcotic drug or methamphetamine to a person under eighteen (18) years of age who is at least three (3) years younger than the person is subject to an enhanced sentence of the fine authorized by § 5-64-422 , § 5-64-426 , or § 5-64-440 , a term of imprisonment of up to two (2) times that authorized by § 5-64-422 , § 5-64-426 , or § 5-64-440 , or both. (b) Any person eighteen (18) years of age or older who violates § 5-64-426 , § 5-64-430 , § 5-64-434 , § 5-64-438 , or § 5-64-440 by delivering or trafficking any other controlled substance to a person under eighteen (18) years of age who is at least three (3) years younger than the person is subject to an enhanced sentence of the fine authorized by § 5-64-426 , § 5-64-430 , § 5-64-434 , § 5-64-438 , or § 5-64-440 , a term of imprisonment up to two (2) times that authorized by § 5-64-426 , § 5-64-430 , § 5-64-434 , § 5-64-438 , or § 5-64-440 , or both. (c) A person who is not otherwise subject to an enhancement to his or her sentence as provided in subsection (a) or subsection (b) of this section and is convicted of delivering a controlled substance to a person under eighteen (18) years of age is subject to an additional term of imprisonment of ten (10) years. Acts 1971, No. 590, Art. 4, § 6; A.S.A. 1947, § 82-2622; Acts 2005, No. 1994, § 475; 2011, No. 570, § 38.

(a) Any person eighteen (18) years of age or older who violates § 5-64-422 , § 5-64-426 , or § 5-64-440 by delivering or trafficking a Schedule I or Schedule II controlled substance that is a narcotic drug or methamphetamine to a person under eighteen (18) years of age who is at least three (3) years younger than the person is subject to an enhanced sentence of the fine authorized by § 5-64-422 , § 5-64-426 , or § 5-64-440 , a term of imprisonment of up to two (2) times that authorized by § 5-64-422 , § 5-64-426 , or § 5-64-440 , or both.

(b) Any person eighteen (18) years of age or older who violates § 5-64-426 , § 5-64-430 , § 5-64-434 , § 5-64-438 , or § 5-64-440 by delivering or trafficking any other controlled substance to a person under eighteen (18) years of age who is at least three (3) years younger than the person is subject to an enhanced sentence of the fine authorized by § 5-64-426 , § 5-64-430 , § 5-64-434 , § 5-64-438 , or § 5-64-440 , a term of imprisonment up to two (2) times that authorized by § 5-64-426 , § 5-64-430 , § 5-64-434 , § 5-64-438 , or § 5-64-440 , or both.

(c) A person who is not otherwise subject to an enhancement to his or her sentence as provided in subsection (a) or subsection (b) of this section and is convicted of delivering a controlled substance to a person under eighteen (18) years of age is subject to an additional term of imprisonment of ten (10) years.

Acts 1971, No. 590, Art. 4, § 6; A.S.A. 1947, § 82-2622; Acts 2005, No. 1994, § 475; 2011, No. 570, § 38.
Ark. Code Ann. § 5-4-205 — AR Code / Title 5 / Chapter 4 / Subchapter 2 / Section 5-4-205
Restitution
Status: in_force

(a) (1) A defendant who is found guilty or who enters a plea of guilty or nolo contendere to an offense may be ordered to pay restitution. (2) If the court decides not to order restitution or orders restitution of only a portion of the loss suffered by the victim, the court shall state on the record in detail the reasons for not ordering restitution or for ordering restitution of only a portion of the loss. (b) (1) Whether a trial court or a jury, the sentencing authority shall make a determination of actual economic loss caused to a victim by the offense. (2) When an offense has resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant: (A) Pay the cost of a necessary medical or related professional service or device relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing; (B) Pay the cost of necessary physical and occupational therapy and rehabilitation; (C) (i) Reimburse the victim for income lost by the victim as a result of the offense. (ii) The maximum that a victim may recover for lost income is fifty thousand dollars ($50,000); and (D) Pay an amount equal to the cost of a necessary funeral and related services in the case of an offense that resulted in bodily injury that also resulted in the death of a victim. (3) When an offense has not resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant reimburse the victim for income lost by the victim as a result of the offense. (4) (A) The determination of the amount of loss is a factual question to be decided by the preponderance of the evidence presented to the sentencing authority during the sentencing phase of a trial. (B) The amount of loss may be decided by agreement between a defendant and the victim represented by the prosecuting attorney. (5) If any item listed in subdivision (b)(2) of this section has been paid by the Crime Victims Reparations Board and the court orders restitution, the restitution order shall provide that the board is to be reimbursed by the defendant. (c) (1) As used in this section and in any provision of law relating to restitution, "victim" means any person, partnership, corporation, or governmental entity or agency that suffers property damage or loss, monetary expense, or physical injury or death as a direct or indirect result of the defendant's offense or criminal episode. (2) "Victim" includes a victim's estate if the victim is deceased and a victim's next of kin if the victim is deceased as a result of the offense. (d) A record of a defendant shall not be sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., until all court-ordered restitution has been paid. (e) (1) Restitution shall be made immediately unless prior to the imposition of sentence the court determines that the defendant should be: (A) Given a specified time to pay; or (B) (i) Allowed to pay in specified installments. (ii) If a court authorizes payment of restitution by a defendant in specified installments, a monthly installment fee of five dollars ($5.00) shall be assessed on the defendant for making restitution payments on an installment basis in addition to the restitution and other assessments authorized. (iii) The monthly installment fee under subdivision (e)(1)(B)(ii) of this section shall be remitted to the collecting official to be used to defray the cost of restitution collection. (iv) [Repealed.] (2) In determining the method of payment, the court shall take into account: (A) The financial resources of the defendant and the burden that payment of restitution will impose with regard to another obligation of the defendant; (B) The ability of the defendant to pay restitution on an installment basis or on another condition to be fixed by the court; and (C) The rehabilitative effect on the defendant of the payment of restitution and the method of payment. (f) (1) If the defendant is placed on probation or any form of conditional release, any restitution ordered under this section is a condition of the suspended imposition of sentence, probation, parole, post-release supervision, or transfer. (2) The court may revoke probation and any agency establishing a condition of release may revoke the conditional release if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order. (3) In determining whether to revoke probation or conditional release, the court or releasing authority shall consider: (A) The defendant's employment status; (B) The defendant's earning ability; (C) The defendant's financial resources; (D) The willfulness of the defendant's failure to pay; and (E) Any other special circumstances that may have a bearing on the defendant's ability to pay. (g) (1) The court shall enter a judgment against the defendant for the amount determined under subdivision (b)(4) of this section. (2) The judgment may be enforced by the state or a beneficiary of the judgment in the same manner as a judgment for money in a civil action. (3) A judgment under this section may be discharged by a settlement between the defendant and the beneficiary of the judgment. (4) The court shall determine priority among multiple beneficiaries on the basis of: (A) The seriousness of the harm each beneficiary suffered; (B) The other resources of the beneficiaries; and (C) Other equitable factors. (5) If more than one (1) defendant is convicted of the crime for which there is a judgment under this section, the defendants are jointly and severally liable for the judgment unless the court determines otherwise. (6) (A) A judgment shall require payment to the Division of Community Correction. (B) The division shall provide for supervision and disbursement of funds under subdivision (g)(6)(A) of this section by the division's authorized economic sanction officers. (h) (1) A judgment under this section does not bar a remedy available in a civil action under other law. (2) A payment under this section shall be credited against a money judgment obtained by the beneficiary of the payment in a civil action. (3) A determination under this section and the fact that payment was or was not ordered or made: (A) Are not admissible in evidence in a civil action; and (B) Do not affect the merits of a civil action. Amended by Act 2023, No. 659,§ 8, eff. 1/1/2024. Amended by Act 2015, No. 583,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1460,§ 1, eff. 1/1/2014. Acts 1993, No. 533, § 4; 1993, No. 553, § 4; 2001, No. 1059, § 1; 2003, No. 1336, § 1; 2009, No. 633, § 2; 2009, No. 770, § 1.

(a) (1) A defendant who is found guilty or who enters a plea of guilty or nolo contendere to an offense may be ordered to pay restitution. (2) If the court decides not to order restitution or orders restitution of only a portion of the loss suffered by the victim, the court shall state on the record in detail the reasons for not ordering restitution or for ordering restitution of only a portion of the loss.

(1) A defendant who is found guilty or who enters a plea of guilty or nolo contendere to an offense may be ordered to pay restitution.

(2) If the court decides not to order restitution or orders restitution of only a portion of the loss suffered by the victim, the court shall state on the record in detail the reasons for not ordering restitution or for ordering restitution of only a portion of the loss.

(b) (1) Whether a trial court or a jury, the sentencing authority shall make a determination of actual economic loss caused to a victim by the offense. (2) When an offense has resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant: (A) Pay the cost of a necessary medical or related professional service or device relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing; (B) Pay the cost of necessary physical and occupational therapy and rehabilitation; (C) (i) Reimburse the victim for income lost by the victim as a result of the offense. (ii) The maximum that a victim may recover for lost income is fifty thousand dollars ($50,000); and (D) Pay an amount equal to the cost of a necessary funeral and related services in the case of an offense that resulted in bodily injury that also resulted in the death of a victim. (3) When an offense has not resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant reimburse the victim for income lost by the victim as a result of the offense. (4) (A) The determination of the amount of loss is a factual question to be decided by the preponderance of the evidence presented to the sentencing authority during the sentencing phase of a trial. (B) The amount of loss may be decided by agreement between a defendant and the victim represented by the prosecuting attorney. (5) If any item listed in subdivision (b)(2) of this section has been paid by the Crime Victims Reparations Board and the court orders restitution, the restitution order shall provide that the board is to be reimbursed by the defendant.

(1) Whether a trial court or a jury, the sentencing authority shall make a determination of actual economic loss caused to a victim by the offense.

(2) When an offense has resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant: (A) Pay the cost of a necessary medical or related professional service or device relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing; (B) Pay the cost of necessary physical and occupational therapy and rehabilitation; (C) (i) Reimburse the victim for income lost by the victim as a result of the offense. (ii) The maximum that a victim may recover for lost income is fifty thousand dollars ($50,000); and (D) Pay an amount equal to the cost of a necessary funeral and related services in the case of an offense that resulted in bodily injury that also resulted in the death of a victim.

(A) Pay the cost of a necessary medical or related professional service or device relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing;

(B) Pay the cost of necessary physical and occupational therapy and rehabilitation;

(C) (i) Reimburse the victim for income lost by the victim as a result of the offense. (ii) The maximum that a victim may recover for lost income is fifty thousand dollars ($50,000); and

(i) Reimburse the victim for income lost by the victim as a result of the offense.

(ii) The maximum that a victim may recover for lost income is fifty thousand dollars ($50,000); and

(D) Pay an amount equal to the cost of a necessary funeral and related services in the case of an offense that resulted in bodily injury that also resulted in the death of a victim.

(3) When an offense has not resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant reimburse the victim for income lost by the victim as a result of the offense.

(4) (A) The determination of the amount of loss is a factual question to be decided by the preponderance of the evidence presented to the sentencing authority during the sentencing phase of a trial. (B) The amount of loss may be decided by agreement between a defendant and the victim represented by the prosecuting attorney.

(A) The determination of the amount of loss is a factual question to be decided by the preponderance of the evidence presented to the sentencing authority during the sentencing phase of a trial.

(B) The amount of loss may be decided by agreement between a defendant and the victim represented by the prosecuting attorney.

(5) If any item listed in subdivision (b)(2) of this section has been paid by the Crime Victims Reparations Board and the court orders restitution, the restitution order shall provide that the board is to be reimbursed by the defendant.

(c) (1) As used in this section and in any provision of law relating to restitution, "victim" means any person, partnership, corporation, or governmental entity or agency that suffers property damage or loss, monetary expense, or physical injury or death as a direct or indirect result of the defendant's offense or criminal episode. (2) "Victim" includes a victim's estate if the victim is deceased and a victim's next of kin if the victim is deceased as a result of the offense.

(1) As used in this section and in any provision of law relating to restitution, "victim" means any person, partnership, corporation, or governmental entity or agency that suffers property damage or loss, monetary expense, or physical injury or death as a direct or indirect result of the defendant's offense or criminal episode.

(2) "Victim" includes a victim's estate if the victim is deceased and a victim's next of kin if the victim is deceased as a result of the offense.

(d) A record of a defendant shall not be sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., until all court-ordered restitution has been paid.

(e) (1) Restitution shall be made immediately unless prior to the imposition of sentence the court determines that the defendant should be: (A) Given a specified time to pay; or (B) (i) Allowed to pay in specified installments. (ii) If a court authorizes payment of restitution by a defendant in specified installments, a monthly installment fee of five dollars ($5.00) shall be assessed on the defendant for making restitution payments on an installment basis in addition to the restitution and other assessments authorized. (iii) The monthly installment fee under subdivision (e)(1)(B)(ii) of this section shall be remitted to the collecting official to be used to defray the cost of restitution collection. (iv) [Repealed.] (2) In determining the method of payment, the court shall take into account: (A) The financial resources of the defendant and the burden that payment of restitution will impose with regard to another obligation of the defendant; (B) The ability of the defendant to pay restitution on an installment basis or on another condition to be fixed by the court; and (C) The rehabilitative effect on the defendant of the payment of restitution and the method of payment.

(1) Restitution shall be made immediately unless prior to the imposition of sentence the court determines that the defendant should be: (A) Given a specified time to pay; or (B) (i) Allowed to pay in specified installments. (ii) If a court authorizes payment of restitution by a defendant in specified installments, a monthly installment fee of five dollars ($5.00) shall be assessed on the defendant for making restitution payments on an installment basis in addition to the restitution and other assessments authorized. (iii) The monthly installment fee under subdivision (e)(1)(B)(ii) of this section shall be remitted to the collecting official to be used to defray the cost of restitution collection. (iv) [Repealed.]

(A) Given a specified time to pay; or

(B) (i) Allowed to pay in specified installments. (ii) If a court authorizes payment of restitution by a defendant in specified installments, a monthly installment fee of five dollars ($5.00) shall be assessed on the defendant for making restitution payments on an installment basis in addition to the restitution and other assessments authorized. (iii) The monthly installment fee under subdivision (e)(1)(B)(ii) of this section shall be remitted to the collecting official to be used to defray the cost of restitution collection. (iv) [Repealed.]

(i) Allowed to pay in specified installments.

(ii) If a court authorizes payment of restitution by a defendant in specified installments, a monthly installment fee of five dollars ($5.00) shall be assessed on the defendant for making restitution payments on an installment basis in addition to the restitution and other assessments authorized.

(iii) The monthly installment fee under subdivision (e)(1)(B)(ii) of this section shall be remitted to the collecting official to be used to defray the cost of restitution collection.

(iv) [Repealed.]

(2) In determining the method of payment, the court shall take into account: (A) The financial resources of the defendant and the burden that payment of restitution will impose with regard to another obligation of the defendant; (B) The ability of the defendant to pay restitution on an installment basis or on another condition to be fixed by the court; and (C) The rehabilitative effect on the defendant of the payment of restitution and the method of payment.

(A) The financial resources of the defendant and the burden that payment of restitution will impose with regard to another obligation of the defendant;

(B) The ability of the defendant to pay restitution on an installment basis or on another condition to be fixed by the court; and

(C) The rehabilitative effect on the defendant of the payment of restitution and the method of payment.

(f) (1) If the defendant is placed on probation or any form of conditional release, any restitution ordered under this section is a condition of the suspended imposition of sentence, probation, parole, post-release supervision, or transfer. (2) The court may revoke probation and any agency establishing a condition of release may revoke the conditional release if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order. (3) In determining whether to revoke probation or conditional release, the court or releasing authority shall consider: (A) The defendant's employment status; (B) The defendant's earning ability; (C) The defendant's financial resources; (D) The willfulness of the defendant's failure to pay; and (E) Any other special circumstances that may have a bearing on the defendant's ability to pay.

(1) If the defendant is placed on probation or any form of conditional release, any restitution ordered under this section is a condition of the suspended imposition of sentence, probation, parole, post-release supervision, or transfer.

(2) The court may revoke probation and any agency establishing a condition of release may revoke the conditional release if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order.

(3) In determining whether to revoke probation or conditional release, the court or releasing authority shall consider: (A) The defendant's employment status; (B) The defendant's earning ability; (C) The defendant's financial resources; (D) The willfulness of the defendant's failure to pay; and (E) Any other special circumstances that may have a bearing on the defendant's ability to pay.

(A) The defendant's employment status;

(B) The defendant's earning ability;

(C) The defendant's financial resources;

(D) The willfulness of the defendant's failure to pay; and

(E) Any other special circumstances that may have a bearing on the defendant's ability to pay.

(g) (1) The court shall enter a judgment against the defendant for the amount determined under subdivision (b)(4) of this section. (2) The judgment may be enforced by the state or a beneficiary of the judgment in the same manner as a judgment for money in a civil action. (3) A judgment under this section may be discharged by a settlement between the defendant and the beneficiary of the judgment. (4) The court shall determine priority among multiple beneficiaries on the basis of: (A) The seriousness of the harm each beneficiary suffered; (B) The other resources of the beneficiaries; and (C) Other equitable factors. (5) If more than one (1) defendant is convicted of the crime for which there is a judgment under this section, the defendants are jointly and severally liable for the judgment unless the court determines otherwise. (6) (A) A judgment shall require payment to the Division of Community Correction. (B) The division shall provide for supervision and disbursement of funds under subdivision (g)(6)(A) of this section by the division's authorized economic sanction officers.

(1) The court shall enter a judgment against the defendant for the amount determined under subdivision (b)(4) of this section.

(2) The judgment may be enforced by the state or a beneficiary of the judgment in the same manner as a judgment for money in a civil action.

(3) A judgment under this section may be discharged by a settlement between the defendant and the beneficiary of the judgment.

(4) The court shall determine priority among multiple beneficiaries on the basis of: (A) The seriousness of the harm each beneficiary suffered; (B) The other resources of the beneficiaries; and (C) Other equitable factors.

(A) The seriousness of the harm each beneficiary suffered;

(B) The other resources of the beneficiaries; and

(C) Other equitable factors.

(5) If more than one (1) defendant is convicted of the crime for which there is a judgment under this section, the defendants are jointly and severally liable for the judgment unless the court determines otherwise.

(6) (A) A judgment shall require payment to the Division of Community Correction. (B) The division shall provide for supervision and disbursement of funds under subdivision (g)(6)(A) of this section by the division's authorized economic sanction officers.

(A) A judgment shall require payment to the Division of Community Correction.

(B) The division shall provide for supervision and disbursement of funds under subdivision (g)(6)(A) of this section by the division's authorized economic sanction officers.

(h) (1) A judgment under this section does not bar a remedy available in a civil action under other law. (2) A payment under this section shall be credited against a money judgment obtained by the beneficiary of the payment in a civil action. (3) A determination under this section and the fact that payment was or was not ordered or made: (A) Are not admissible in evidence in a civil action; and (B) Do not affect the merits of a civil action.

(1) A judgment under this section does not bar a remedy available in a civil action under other law.

(2) A payment under this section shall be credited against a money judgment obtained by the beneficiary of the payment in a civil action.

(3) A determination under this section and the fact that payment was or was not ordered or made: (A) Are not admissible in evidence in a civil action; and (B) Do not affect the merits of a civil action.

(A) Are not admissible in evidence in a civil action; and

(B) Do not affect the merits of a civil action.

Amended by Act 2023, No. 659,§ 8, eff. 1/1/2024.

Amended by Act 2015, No. 583,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1460,§ 1, eff. 1/1/2014.

Acts 1993, No. 533, § 4; 1993, No. 553, § 4; 2001, No. 1059, § 1; 2003, No. 1336, § 1; 2009, No. 633, § 2; 2009, No. 770, § 1.