reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-420 - Possession of methamphetamine, heroin, or cocaine with the purpose to deliver

(a)
Except as provided by this chapter, it is unlawful if a person possesses methamphetamine, heroin, or cocaine with the purpose to deliver the methamphetamine, heroin, or cocaine. Purpose to deliver may be shown by any of the following factors:
(1)
The person possesses the means to weigh, separate, or package methamphetamine, heroin, or cocaine;
(2)
The person possesses a record indicating a drug-related transaction;
(3)
The methamphetamine, heroin, or cocaine 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 methamphetamine, heroin, or cocaine;
(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 methamphetamine, heroin, or cocaine.
(b)
A person who violates this section upon conviction is guilty of a:
(1)
Class C felony if the person possessed less than two grams (2g) of methamphetamine, heroin, or cocaine by aggregate weight, including an adulterant or diluent;
(2)
Class B felony if the person possessed two grams (2g) or more but less than ten grams (10g) of methamphetamine, heroin, or cocaine by aggregate weight, including an adulterant or diluent; or
(3)
Class A felony if the person possessed ten grams (10g) or more but less than two hundred grams (200g) of methamphetamine, heroin, or cocaine by aggregate weight, including an adulterant or diluent.
Amended by Act 2021, No. 887,§ 3, eff. 7/28/2021.
Acts 2011, No. 570, § 45.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-422 - Delivery of methamphetamine, heroin, or cocaine

(a)
Except as provided by this chapter, it is unlawful for a person to deliver methamphetamine, heroin, or cocaine.
(b)
(1)
A person who delivers less than two grams (2g) by aggregate weight, including an adulterant or diluent, of methamphetamine, heroin, or cocaine upon conviction is guilty of a Class C felony.
(2)
A person who delivers two grams (2g) or more but less than ten grams (10g) by aggregate weight, including an adulterant or diluent, of methamphetamine, heroin, or cocaine upon conviction is guilty of a Class B felony.
(3)
A person who delivers ten grams (10g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of methamphetamine, heroin, or cocaine upon conviction is guilty of a Class Y felony.
Amended by Act 2021, No. 887,§ 5, eff. 7/28/2021.
Acts 2011, No. 570, § 46.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-423 - Manufacture of methamphetamine, heroin, or cocaine

(a)
(1)
Except as provided by this chapter, it is unlawful for a person to manufacture methamphetamine.
(2)
(A)
A person who manufactures methamphetamine in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony.
(B)
(i)
A person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony.
(ii)
(a)
However, a person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class A felony if the person shows by a preponderance of the evidence that he or she manufactured the methamphetamine for personal use only.
(b)
Factors indicative of personal use may include without limitation the:
(1)
Person did not make a delivery of methamphetamine;
(2)
Quantity of methamphetamine manufactured by the person; or
(3)
Method of manufacturing methamphetamine used by the person.
(3)
A person who has one (1) or more prior convictions of manufacturing methamphetamine in any amount under this section or the former §
5-64-401
upon conviction is guilty of a Class Y felony.
(b)
(1)
Except as provided by this chapter, it is unlawful for a person to manufacture cocaine.
(2)
(A)
A person who manufactures cocaine in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony.
(B)
A person who manufactures cocaine in an amount of two grams (2g) or more but less than ten grams (10g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class B felony.
(C)
A person who manufactures cocaine in an amount of ten grams (10g) or more but less than two hundred grams (200g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony.
(c)
(1)
Except as provided by this chapter, it is unlawful for a person to manufacture heroin.
(2)
(A)
A person who manufactures heroin in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony.
(B)
A person who manufactures heroin in an amount of two grams (2g) or more but less than ten grams (10g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class B felony.
(C)
A person who manufactures heroin in an amount of ten grams (10g) or more but less than two hundred grams (200g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony.
Amended by Act 2021, No. 887,§ 5, eff. 7/28/2021.
Acts 2011, No. 570, § 47.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-426 - Delivery of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine

(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.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-427 - Manufacture of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine

(a)
This section does not apply to the manufacture of methamphetamine, fentanyl, heroin, or cocaine, which is governed by §§
5-64-421
and
5-64-423
.
(b)
Except as provided by this chapter, it is unlawful for a person to manufacture 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 manufactured 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 manufactured 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 for any other Schedule I or Schedule II depressant or hallucinogenic drug regardless of weight; or
(E)
Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule I or Schedule II stimulant drug regardless of weight; or
(3)
Class A felony if the person manufactured by aggregate weight, including an adulterant or diluent:
(A)
Twenty-eight grams (28g) or more 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 of hydromorphone hydrochloride;
(C)
One hundred sixty (160) or more dosage units of lysergic acid diethylamide (LSD);
(D)
One hundred sixty (160) dosage units or more regardless of weight 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 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, § 50.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-428 - Possession of a Schedule III controlled substance with the purpose to deliver

(a)
Except as provided by this chapter, it is unlawful if a person possesses a Schedule III controlled substance with the purpose to deliver the Schedule III controlled substance. Purpose to deliver may be shown by any of the following factors:
(1)
The person possesses the means to weigh, separate, or package a Schedule III controlled substance;
(2)
The person possesses a record indicating a drug-related transaction;
(3)
The Schedule III 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 III 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 III controlled substance.
(b)
A person who violates this section upon conviction is guilty of a:
(1)
Class C felony if the person possessed by aggregate weight, including an adulterant or diluent:
(A)
Less than twenty-eight grams (28g) of a Schedule III 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 III depressant or hallucinogenic drug; or
(C)
Less than eighty (80) dosage units for any other Schedule III stimulant drug;
(2)
Class B felony if the person possessed 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 III 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 III depressant or hallucinogenic drug; or
(C)
Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III stimulant drug; or
(3)
Class A 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 III controlled substance not a controlled substance listed in this subdivision (b)(3);
(B)
One hundred sixty (160) dosage units or more for any other Schedule III depressant or hallucinogenic drug; or
(C)
One hundred sixty (160) dosage units or more for any other Schedule III 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 III controlled substance that is listed in this section.
Amended by Act 2013, No. 529,§ 2, eff. 8/16/2013.
Acts 2011, No. 570, § 51.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-430 - Delivery of a Schedule III controlled substance

(a)
Except as provided by this chapter, it is unlawful for a person to deliver a Schedule III controlled substance.
(b)
(1)
A person who delivers less than twenty-eight grams (28g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class C felony.
(2)
A person who delivers twenty-eight grams (28g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class B felony.
(3)
A person who delivers two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class A felony.
Acts 2011, No. 570, § 52.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-431 - Manufacture of a Schedule III controlled substance

(a)
Except as provided by this chapter, it is unlawful for a person to manufacture a Schedule III controlled substance.
(b)
(1)
A person who manufactures less than twenty-eight grams (28g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class C felony.
(2)
A person who manufactures twenty-eight grams (28g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class B felony.
(3)
A person who manufactures two hundred grams (200g) or more by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class A felony.
Acts 2011, No. 570, § 53.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-434 - Delivery of a Schedule IV or Schedule V controlled substance

(a)
Except as provided by this chapter, it is unlawful for a person to deliver a Schedule IV or Schedule V controlled substance.
(b)
(1)
A person who delivers less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class D felony.
(2)
A person who delivers two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class C felony.
(3)
A person who delivers four hundred grams (400g) or more but less than eight hundred grams (800g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class B felony.
Acts 2011, No. 570, § 55.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-435 - Manufacture of a Schedule IV or Schedule V controlled substance

(a)
Except as provided by this chapter, it is unlawful for a person to manufacture a Schedule IV or Schedule V controlled substance.
(b)
(1)
A person who manufactures less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class D felony.
(2)
A person who manufactures two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class C felony.
(3)
A person who manufactures four hundred grams (400g) or more by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class B felony.
Acts 2011, No. 570, § 56.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-436 - Possession of a Schedule VI controlled substance with the purpose to deliver

(a)
Except as provided by this chapter, it is unlawful if a person possesses a Schedule VI controlled substance with the purpose to deliver the Schedule VI 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 VI controlled substance;
(2)
The person possesses a record indicating a drug-related transaction;
(3)
The Schedule VI 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 VI 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 VI controlled substance.
(b)
A person who violates this section upon conviction is guilty of a:
(1)
Class A misdemeanor if the person possessed by aggregate weight, including an adulterant or diluent, fourteen grams (14g) or less of a Schedule VI controlled substance;
(2)
Class D felony if the person possessed more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance;
(3)
Class C felony if the person possessed four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance;
(4)
Class B felony if the person possessed twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance; or
(5)
Class A felony if the person possessed one hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance.
Acts 2011, No. 570, § 57.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-438 - Delivery of a Schedule VI controlled substance

(a)
Except as provided by this chapter, it is unlawful for a person to deliver a Schedule VI controlled substance.
(b)
(1)
A person who delivers fourteen grams (14g) or less by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a:
(A)
Class A misdemeanor; or
(B)
Class D felony if he or she has four (4) or more prior convictions for delivery of a controlled substance in any amount under this subchapter or under the former §
5-64-401
.
(2)
A person who delivers more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class D felony.
(3)
A person who delivers four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class C felony.
(4)
A person who delivers twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class B felony.
(5)
A person who delivers one hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class A felony.
Amended by Act 2013, No. 530,§ 1, eff. 8/16/2013.
Acts 2011, No. 570, § 58.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-439 - Manufacture of a Schedule VI controlled substance

(a)
Except as provided by this chapter, it is unlawful for a person to manufacture a Schedule VI controlled substance.
(b)
(1)
A person who manufactures fourteen grams (14g) or less by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance is guilty of a Class A misdemeanor.
(2)
A person who manufactures more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance is guilty of a Class D felony.
(3)
A person who manufactures four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class C felony.
(4)
A person who manufactures twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class B felony.
(5)
A person who manufactures one hundred pounds (100 lbs.) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class A felony.
Acts 2011, No. 570, § 59.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-440 - Trafficking a controlled substance

(a)
Except as provided by this chapter, it is unlawful for a person to engage in trafficking a controlled substance.
(b)
A person engages in trafficking a controlled substance if he or she possesses, possesses with the purpose to deliver, delivers, or manufactures a controlled substance by aggregate weight, including an adulterant or diluent, in the following amounts:
(1)
Methamphetamine, heroin, or cocaine, two hundred grams (200g) or more;
(2)
Fentanyl, one gram (1g) or more;
(3)
Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine, two hundred grams (200g) or more;
(4)
Schedule III controlled substance, four hundred grams (400g) or more;
(5)
Schedule IV or Schedule V controlled substance, eight hundred grams (800g) or more; or
(6)
A Schedule VI controlled substance, five hundred pounds (500 lbs.) or more.
(c)
(1)
Trafficking a controlled substance is a Class Y felony.
(2)
Trafficking of fentanyl is an unclassified felony with a sentence of imprisonment of not less than twenty-five (25) years nor more than sixty (60) years, or life, and a fine of one million dollars ($1,000,000).
Amended by Act 2023, No. 584,§ 5, eff. 4/11/2023.
Amended by Act 2021, No. 887,§ 7, eff. 7/28/2021.
Amended by Act 2013, No. 529,§ 4, eff. 8/16/2013.
Acts 2011, No. 570, § 60.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-441 - Possession of a counterfeit substance

(a)
It is unlawful for any person to possess a counterfeit substance unless the counterfeit substance was obtained:
(1)
Directly from or pursuant to a valid prescription or an order of a practitioner while acting in the course of his or her professional practice; or
(2)
As otherwise authorized by this chapter.
(b)
Any person who violates this section with respect to:
(1)
A Schedule I or Schedule II controlled substance upon conviction is guilty of a Class D felony;
(2)
Any other controlled substance, first offense or second offense, upon conviction is guilty of a Class A misdemeanor; and
(3)
Any other controlled substance, third or subsequent offense, upon conviction is guilty of a Class D felony.
(c)
For purposes of subsection (b) of this section, an offense is considered a third or subsequent offense if, before his or her conviction for the offense, the person has been convicted two (2) or more times for an offense under subsection (b) of this section or under any equivalent penal statute of the United States or of any state.
Amended by Act 2013, No. 1125,§ 13, eff. 8/16/2013.
Acts 2011, No. 570, § 61.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-442 - Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance

(a)
Except as authorized by this chapter, it is unlawful for any person to possess with the purpose to deliver, deliver, or manufacture a counterfeit substance. Purpose to deliver may be shown by any of the following factors:
(1)
The person possesses the means to weigh, separate, or package a counterfeit substance;
(2)
The person possesses a record indicating a drug-related transaction;
(3)
The counterfeit 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 counterfeit substance;
(5)
The person possesses at least two (2) other controlled substances or counterfeit 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 counterfeit substance.
(b)
Any person who violates this section with respect to:
(1)
A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony;
(2)
A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or
(3)
A counterfeit substance purporting to be a Schedule IV, Schedule V, or Schedule VI controlled substance or that is not classified as a scheduled controlled substance upon conviction is guilty of a Class A misdemeanor.
Amended by Act 2013, No. 1125,§ 14, eff. 8/16/2013.
Amended by Act 2013, No. 529,§ 5, eff. 8/16/2013.
Acts 2011, No. 570, § 62.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-443 - Possession of drug paraphernalia

(a)
A person who possesses drug paraphernalia with the purpose to use the drug paraphernalia to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or to store, contain, conceal, or weigh a controlled substance in violation of this chapter upon conviction is guilty of:
(1)
A Class A misdemeanor; or
(2)
A Class D felony if the:
(A)
Controlled substance is methamphetamine, heroin, fentanyl, or cocaine; and
(B)
Person has been previously convicted of a violation of this chapter.
(b)
A person who uses or possesses with the purpose to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, or repack a controlled substance in violation of this chapter upon conviction is guilty of a:
(1)
Class D felony; or
(2)
Class B felony if the controlled substance is methamphetamine, heroin, fentanyl, or cocaine.
(c)
When the same conduct of a defendant may establish the commission of more than one (1) offense under this section, the defendant may only be convicted of one (1) offense under this section.
Amended by Act 2021, No. 453,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 1014,§ 1, eff. 7/24/2019.
Amended by Act 2017, No. 888,§ 1, eff. 8/1/2017.
Acts 2011, No. 570, § 63.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-444 - Drug paraphernalia - Delivery to a minor

(a)
A person eighteen (18) years of age or older who violates §
5-64-443
by delivering drug paraphernalia in the course of and in furtherance of a felony violation of this chapter to a person under eighteen (18) years of age who is at least three (3) years younger than the person upon conviction is guilty of a Class B felony.
(b)
Otherwise, a person eighteen (18) years of age or older who violates §
5-64-443
by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years younger than the person upon conviction is guilty of a Class A misdemeanor.
Acts 2011, No. 570, § 64.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-445 - Advertisement of a counterfeit substance or drug paraphernalia

A person who places in any newspaper, magazine, handbill, or other publication any advertisement knowing, or under circumstances in which a person reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of a counterfeit substance or of an object designed or intended for use as drug paraphernalia upon conviction is guilty of a Class C felony.
Acts 2011, No. 570, § 65.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-446 - Civil or criminal liability

(a)
Civil or criminal liability shall not be imposed by this chapter on any practitioner who manufactures, distributes, or possesses a counterfeit substance for use by a practitioner in the course of professional practice or research or for use as a placebo by a practitioner in the course of professional practice or research.
(b)
(1)
A person who violates §§
5-64-419
-
5-64-442
is liable for the cost of the cleanup of the site where the person:
(A)
Manufactured a controlled substance; or
(B)
Possessed drug paraphernalia or a chemical for the purpose of manufacturing a controlled substance.
(2)
The person shall make restitution to the state or local agency responsible for the cleanup for the cost of the cleanup under §
5-4-205
.
Acts 2011, No. 570, § 66.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 5 - UNIFORM CONTROLLED SUBSTANCES ACT - ENFORCEMENT AND ADMINISTRATION (§§ 5-64-501 — 5-64-510) › Section 5-64-501 - Powers of officials generally

Any law enforcement officer, any person authorized to enforce this chapter, or any employee of the Department of Health designated by the Secretary of the Department of Health to conduct an examination, investigation, or inspection under this chapter relating to a controlled substance or to a counterfeit drug may:
(1)
Carry a firearm in the performance of his or her official duties;
(2)
Execute and serve a search warrant, arrest warrant, administrative inspection warrant, subpoena, or summons issued under the authority of this state;
(3)
Make an arrest without warrant for any offense under this chapter committed in his or her presence, or if he or she has probable cause to believe that the person to be arrested has committed a violation of this chapter that may constitute a felony;
(4)
Make a seizure of property pursuant to this chapter; or
(5)
Perform any other law enforcement duty as the secretary designates.
Amended by Act 2019, No. 910,§ 4846, eff. 7/1/2019.
Acts 1971, No. 590, Art. 5, § 1; 1972 (Ex. Sess.), No. 67, § 5; 1979, No. 898, § 14; A.S.A. 1947, § 82-2625; Acts 2005, No. 1994, § 308.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 5 - UNIFORM CONTROLLED SUBSTANCES ACT - ENFORCEMENT AND ADMINISTRATION (§§ 5-64-501 — 5-64-510) › Section 5-64-503 - Injunctions or restraining orders

(a)
A trial court of this state may exercise jurisdiction to restrain or enjoin a violation of this chapter.
(b)
The defendant may demand a trial by jury for an alleged violation of an injunction or restraining order under this section.
Acts 1971, No. 590, Art. 5, § 3; A.S.A. 1947, § 82-2627.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 5 - UNIFORM CONTROLLED SUBSTANCES ACT - ENFORCEMENT AND ADMINISTRATION (§§ 5-64-501 — 5-64-510) › Section 5-64-504 - Intergovernmental cooperation - Identities of patients and research subjects

(a)
(1)
The Secretary of the Department of Health shall cooperate with federal and any other state agency in discharging the agency's responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances.
(2)
To this end, the secretary may:
(A)
Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;
(B)
Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;
(C)
(i)
Cooperate with the United States Drug Enforcement Administration by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state and make the information available for federal, state, and local law enforcement purposes.
(ii)
The secretary shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c) of this section; and
(D)
Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.
(b)
Results, information, and evidence received from the United States Drug Enforcement Administration relating to the regulatory functions of this chapter, including a result of an inspection conducted by the United States Drug Enforcement Administration, may be relied and acted upon by the secretary in the exercise of the Department of Health's regulatory functions under this chapter.
(c)
A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the secretary nor may he or she be compelled in any state or local civil, criminal, administrative, legislative, or other proceeding to furnish the name or identity of an individual that the practitioner is obligated to keep confidential.
Amended by Act 2019, No. 910,§ 4847, eff. 7/1/2019.
Acts 1971, No. 590, Art. 5, § 4; A.S.A. 1947, § 82-2628; Acts 2005, No. 1994, § 309.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 5 - UNIFORM CONTROLLED SUBSTANCES ACT - ENFORCEMENT AND ADMINISTRATION (§§ 5-64-501 — 5-64-510) › Section 5-64-506 - Burden of proof - Liability of officers

(a)
(1)
It is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter.
(2)
The burden of proof of any exemption or exception is upon the person claiming it.
(b)
(1)
In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, he or she is presumed not to be the holder of the registration or order form.
(2)
The burden of proof is upon him or her to rebut the presumption.
(c)
No liability is imposed by this chapter upon any authorized state, county, or municipal officer engaged in the lawful performance of his or her duties.
Acts 1971, No. 590, Art. 5, § 6; A.S.A. 1947, § 82-2630; Acts 2005, No. 1994, § 311.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 5 - UNIFORM CONTROLLED SUBSTANCES ACT - ENFORCEMENT AND ADMINISTRATION (§§ 5-64-501 — 5-64-510) › Section 5-64-507 - Conclusiveness of findings

(a)
Any final determination, finding, or conclusion of the Secretary of the Department of Health under this chapter is a final and conclusive decision of the matter involved.
(b)
Any person aggrieved by the decision may obtain review of the decision in the circuit court of the county.
(c)
If supported by substantial evidence, a finding of fact by the secretary is conclusive.
Amended by Act 2019, No. 910,§ 4848, eff. 7/1/2019.
Acts 1971, No. 590, Art. 5, § 7; A.S.A. 1947, § 82-2631; Acts 2005, No. 1994, § 311.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 5 - UNIFORM CONTROLLED SUBSTANCES ACT - ENFORCEMENT AND ADMINISTRATION (§§ 5-64-501 — 5-64-510) › Section 5-64-510 - Methamphetamine-contaminated motor vehicles

(a)
As used in this section, "methamphetamine-contaminated motor vehicle" means a motor vehicle that has been forfeited under §
5-64-505
in which methamphetamine was manufactured as determined by a law enforcement agency or a prosecuting attorney who has possession of the motor vehicle.
(b)
A law enforcement agency or a prosecuting attorney who has possession of a methamphetamine-contaminated motor vehicle shall destroy or sell for scrap metal the methamphetamine-contaminated motor vehicle.
Acts 2009, No. 776, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 7 - PROVISIONS RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT (§§ 5-64-701 — 5-64-710) › Section 5-64-702 - Promulgation of rules

(a)
The Department of Health may promulgate rules necessary for the enforcement of this chapter.
(b)
The rules described in subsection (a) of this section shall be promulgated pursuant to the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Amended by Act 2019, No. 315,§ 166, eff. 7/24/2019.
Acts 1979, No. 898, § 17; A.S.A. 1947, § 82-2632.1; Acts 2005, No. 1994, § 312.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 7 - PROVISIONS RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT (§§ 5-64-701 — 5-64-710) › Section 5-64-703 - Authority to make inspections

In carrying out the functions under this chapter, the Secretary of the Department of Health or his or her duly authorized agent may enter a controlled premises and conduct an administrative inspection of the controlled premises.
Amended by Act 2019, No. 910,§ 4851, eff. 7/1/2019.
Acts 1979, No. 898, § 18; A.S.A. 1947, § 82-2632.2; Acts 2005, No. 1994, § 312.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 7 - PROVISIONS RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT (§§ 5-64-701 — 5-64-710) › Section 5-64-704 - Consent to inspection

An administrative inspection warrant is not required if informed consent is obtained from the owner, operator, or agent-in-charge of the controlled premises to be inspected.
Acts 1979, No. 898, § 19; A.S.A. 1947, § 82-2632.3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 7 - PROVISIONS RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT (§§ 5-64-701 — 5-64-710) › Section 5-64-705 - Authority to investigate and arrest in contiguous county

Upon receiving permission from the proper county sheriff, any law enforcement officer acting within the official scope of his or her duty may investigate and arrest any person violating any provision of this chapter in any county contiguous to the county where he or she is employed.
Acts 1985, No. 675, § 1; A.S.A. 1947, § 82-2625.2; Acts 2005, No. 1994, § 313.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 64 - CONTROLLED SUBSTANCES (§§ 5-64-101 — 5-64-1303) › Subchapter 7 - PROVISIONS RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT (§§ 5-64-701 — 5-64-710) › Section 5-64-706 - Grant of immunity

(a)
(1)
With the approval of the circuit judge, the prosecuting attorney of any judicial district in this state or any grand jury properly convened according to law may grant immunity from criminal prosecution with respect to a matter revealed by the testimony of anyone giving evidence concerning a violation of this chapter.
(2)
However, the immunity does not extend to perjury committed in the testimony.
(b)
No prosecuting attorney shall grant immunity until he or she has applied for and obtained in each case a written order from the circuit judge approving the grant of immunity.
(c)
No immunity under subsection (a) of this section shall be granted by a prosecuting attorney until after the individual has declined to answer questions or has requested immunity before answering questions.
Acts 1973, No. 248, § 1; A.S.A. 1947, § 82-2639; Acts 2005, No. 1994, § 313.