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 7 - PROVISIONS RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT (§§ 5-64-701 — 5-64-710) › Section 5-64-707 - Admissibility of drug analysis - Cross-examination

(a)
In any criminal prosecution for an alleged violation of this chapter, a record or report of any relevant drug analysis made by the State Crime Laboratory shall be received as competent evidence as to a matter contained in the record or report in this section in any preliminary hearing when attested to by the Director of the State Crime Laboratory or his or her assistant or deputy.
(b)
(1)
Nothing in this section abrogates a defendant's right of cross-examination.
(2)
If the defendant desires to cross-examine the director or the appropriate assistant or deputy, the defendant may compel the director or his or her appropriate assistant or deputy to attend court by the issuance of a proper subpoena.
(3)
If the defendant compels the director or his or her appropriate assistant or deputy to attend court by the issuance of a proper subpoena:
(A)
The record or report is only admissible through the director or the appropriate assistant or deputy; and
(B)
The director or the appropriate assistant or deputy is subject to cross-examination by the defendant or his or her counsel.
Amended by Act 2019, No. 910,§ 5735, eff. 7/1/2019.
Acts 1977, No. 356, § 1; A.S.A. 1947, § 82-2627.1; 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 5-64-708 - Local funding for undercover work

Any municipality or county may allocate and expend funds for:
(1)
Undercover work done in connection with an attempt to apprehend a violator of this chapter; or
(2)
A purchase of a controlled substance when purchased by a law enforcement officer for the purpose of apprehending a violator.
Acts 1973, No. 248, § 2; A.S.A. 1947, § 82-2640; 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 8 - SALE OF DRUG DEVICES (§§ 5-64-801 — 5-64-806) › Section 5-64-801 - Definition

(a)
As used in this subchapter, "drug device" means an object usable for smoking marijuana, for smoking a controlled substance defined as a tetrahydrocannabinol, or for ingesting or inhaling cocaine, and includes, but is not limited to:
(1)
A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;
(2)
A water pipe;
(3)
A carburetion tube or device;
(4)
A smoking or carburetion mask;
(5)
A roach clip, meaning an object used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
(6)
A chamber pipe;
(7)
A carburetor pipe;
(8)
An electric pipe;
(9)
An air-driven pipe;
(10)
A chillum;
(11)
A bong;
(12)
An ice pipe or chiller; and
(13)
A miniature cocaine spoon or a cocaine vial.
(b)
In any prosecution under this subchapter, the question of whether an object is a drug device is a question of fact.
Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.
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 8 - SALE OF DRUG DEVICES (§§ 5-64-801 — 5-64-806) › Section 5-64-802 - Illegal drug paraphernalia business

(a)
Any person who conducts, finances, manages, supervises, directs, or owns any part of an illegal drug paraphernalia business is guilty of a:
(1)
Class A misdemeanor for the first offense;
(2)
Class D felony for the second offense; and
(3)
Class C felony for third and subsequent offenses.
(b)
A person violates subsection (a) of this section if he or she:
(1)
Conducts, finances, manages, supervises, directs, or owns any part of a business that, in the regular course of business or as a continuing course of conduct, manufactures, sells, stores, possesses, gives away, or furnishes an object designed to be primarily useful as a drug device; and
(2)
Knows or has reason to know that the design of the object renders it primarily useful as a drug device.
Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.
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 8 - SALE OF DRUG DEVICES (§§ 5-64-801 — 5-64-806) › Section 5-64-803 - Public nuisance to be abated or closed

(a)
A place where a drug device is manufactured, sold, stored, possessed, given away, or furnished in violation of this subchapter is deemed a common or public nuisance.
(b)
A conveyance or vehicle of any kind is deemed a "place" within the meaning of subsection (a) of this section and may be proceeded against under the provisions of §
5-64-804
.
(c)
A person who maintains, or aids or abets, or knowingly associates with another in maintaining a common or public nuisance under subsection (a) of this section is in violation of this subchapter, and judgment shall be given that the common or public nuisance be abated or closed as a place for the manufacture, sale, storage, possession, giving away, or furnishing of a drug device.
Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644; Acts 2007, No. 827, § 67.
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 8 - SALE OF DRUG DEVICES (§§ 5-64-801 — 5-64-806) › Section 5-64-804 - Injunction

(a)
The prosecuting attorney or a citizen of the county or municipality where a common or public nuisance, as defined in §
5-64-803
, is located may maintain a suit in the name of the state to abate and perpetually enjoin the common or public nuisance.
(b)
A circuit court has jurisdiction over the suit.
(c)
An injunction may be granted at the commencement of the suit and no bond is required if the action for injunction is brought by the prosecuting attorney.
(d)
If the suit for injunction is brought or maintained by a citizen of the county or municipality where the common or public nuisance is alleged to be located, then the circuit court may require a bond as in any other case of injunction.
(e)
On the finding that the material allegations of the complaint are true, the circuit court or judge of the circuit court in vacation shall order the injunction for such period of time as the circuit court or judge may think proper, with the right to dissolve the injunction upon the application of the owner of the place if a proper case is shown for the dissolution.
(f)
The continuance of the injunction as provided in this section may be ordered, although the place complained of may not at the time of hearing be unlawfully used.
Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.
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 8 - SALE OF DRUG DEVICES (§§ 5-64-801 — 5-64-806) › Section 5-64-805 - Search warrant

(a)
If there is complaint on oath or affirmation supported by affidavit setting forth the facts for a belief that a drug device is being manufactured, sold, kept, stored, or in any manner held, used, or concealed in a particular house or other place with intent to engage in illegal drug paraphernalia business in violation of law, a circuit court or the judge of the circuit court in vacation to whom the complaint is made, if satisfied that there is probable cause for the belief, shall issue a warrant to search the house or other place for the drug device.
(b)
Except as otherwise provided in this section, a warrant issued under subsection (a) of this section shall be issued, directed, and executed in accordance with the laws of Arkansas pertaining to search warrants.
(c)
A warrant issued under this section for the search of any automobile, boat, conveyance, or vehicle, or for the search of any trunk, grip, or other article of baggage, for a drug device may be executed in any part of the state where the same are overtaken and shall be made returnable before any circuit court or the judge of the circuit court in vacation, within whose jurisdiction the automobile, boat, conveyance, vehicle, trunk, grip, or other article of baggage, or any of them, were transported or attempted to be transported.
(d)
If it is necessary, an officer charged with the execution of a warrant issued under this section may break open and enter a house or other place described in this section.
Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.
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 8 - SALE OF DRUG DEVICES (§§ 5-64-801 — 5-64-806) › Section 5-64-806 - Seizure and forfeiture

Any property, including money, used in violation of a provision of this subchapter may be seized and forfeited to the state.
Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.
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 10 - RECORDS OF TRANSACTIONS (§§ 5-64-1001 — 5-64-1006) › Section 5-64-1001 - Recordkeeping required

Any manufacturer, wholesaler, retailer, or other person that sells, transfers, or otherwise furnishes any of the following substances to any person in this state shall maintain accurate records of those transactions:
(1)
Phenylpropanolamine;
(2)
Methylamine;
(3)
Ethylamine;
(4)
D-lysergic acid;
(5)
Ergotamine tartrate;
(6)
Diethyl malonate;
(7)
Malonic acid;
(8)
Ethyl malonate;
(9)
Barbituric acid;
(10)
Piperidine;
(11)
N-acetylanthranilic acid;
(12)
Pyrrolidine;
(13)
Anthranilic acid;
(14)
Ephedrine;
(15)
Norpseudoephedrine;
(16)
Phenylacetic acid;
(17)
Morpholine; and
(18)
Pseudoephedrine.
Acts 1989, No. 518, § 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 10 - RECORDS OF TRANSACTIONS (§§ 5-64-1001 — 5-64-1006) › Section 5-64-1002 - Identification of purchaser

(a)
Any manufacturer, wholesaler, retailer, or other person required to maintain records of transactions under this subchapter shall obtain proper identification from the purchaser.
(b)
"Proper identification" means a motor vehicle operator's license or other official state-issued identification of the purchaser that contains a photograph of the purchaser, and includes:
(1)
The residential or mailing address of the purchaser, other than a post office box number;
(2)
The motor vehicle license number of any motor vehicle owned or operated by the purchaser; and
(3)
A letter of authorization from the business for which any substance specified in §
5-64-1001
is being furnished, that includes:
(A)
The business license number and address of the business;
(B)
A full description of how the substance is to be used; and
(C)
The signature of the purchaser.
(c)
The person selling, transferring, or otherwise furnishing any substance specified in §
5-64-1001
shall affix his or her signature as a witness to the signature and identification of the purchaser.
Acts 1989, No. 518, § 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 10 - RECORDS OF TRANSACTIONS (§§ 5-64-1001 — 5-64-1006) › Section 5-64-1003 - Inspection of records

A record maintained pursuant to this subchapter is subject to inspection by any law enforcement officer of this state 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, counterfeit drug, or precursor chemical.
Amended by Act 2019, No. 910,§ 4852, eff. 7/1/2019.
Acts 1989, No. 518, § 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 10 - RECORDS OF TRANSACTIONS (§§ 5-64-1001 — 5-64-1006) › Section 5-64-1004 - Failure to maintain records - Penalty

Failure to maintain accurate records with proper identification from the purchaser under this subchapter is a Class A misdemeanor.
Amended by Act 2017, No. 333,§ 3, eff. 8/1/2017.
Acts 1989, No. 518, § 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 10 - RECORDS OF TRANSACTIONS (§§ 5-64-1001 — 5-64-1006) › Section 5-64-1005 - Exemptions

The provisions of §
5-64-1001
do not apply to any of the following:
(1)
Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist, or veterinarian;
(2)
Any physician, dentist, podiatrist, or veterinarian who administers or furnishes a substance to his or her patient;
(3)
Any manufacturer or wholesaler licensed by the Arkansas State Board of Pharmacy that sells, transfers, or otherwise furnishes a substance to a licensed pharmacy, physician, dentist, podiatrist, or veterinarian; or
(4)
Any sale, transfer, furnishing, or receipt by a retail distributor of any drug that contains any ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine and that is sold, transferred, or furnished over the counter without a prescription pursuant to the Federal Food, Drug, and Cosmetic Act,
21 U.S.C. § 301
et seq., or regulations adopted under the Federal Food, Drug, and Cosmetic Act,
21 U.S.C. § 301
et seq., if:
(A)
The drug is sold in a blister pack of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base, each blister containing not more than two (2) dosage units;
(B)
The use of a blister pack is technically unfeasible, the drug is packaged in a unit dose packet or pouch;
(C)
The drug is an exempted product described in §
5-64-1103(b)(1)
, or the product contains ephedrine or pseudoephedrine in liquid, liquid capsule, or liquid gel capsule form described in §
5-64-1103(b)(2)
, and is sold in a package size of not more than three grams (3g) of ephedrine or pseudoephedrine base; and
(D)
The total quantity of the sale is not greater than three (3) packages or five grams (5g) of ephedrine or nine grams (9g) of pseudoephedrine, whichever is smaller.
Acts 1989, No. 518, § 1; 2001, No. 1209, § 1; 2005, No. 256, § 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 10 - RECORDS OF TRANSACTIONS (§§ 5-64-1001 — 5-64-1006) › Section 5-64-1006 - Suspicious transaction reports

(a)
Any pharmacy, manufacturer, wholesaler, or retail distributor that is required to keep records under this subchapter and that sells, transfers, or otherwise furnishes ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, and salts of optical isomers, alone or in a mixture, to any person in this state in a suspicious transaction shall report the transaction in writing to the Arkansas State Board of Pharmacy.
(b)
Any person who does not submit a report as required by subsection (a) of this section is guilty of a Class A misdemeanor.
(c)
As used in this section, "suspicious transaction" means a sale or transfer to which either of the following applies:
(1)
The circumstances of the sale or transfer would lead a reasonable person to believe that the substance is likely to be used for the purpose of unlawfully manufacturing a controlled substance in violation of this chapter based on such factors as:
(A)
The amount involved;
(B)
The method of payment;
(C)
The method of delivery; and
(D)
Past dealings with the person acquiring the substance; or
(2)
The transaction involves payment for ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, and salts of optical isomers, alone or in a mixture, in cash or money orders totaling more than two hundred dollars ($200).
(d)
(1)
The board shall adopt by rule criteria for determining whether a transaction is a suspicious transaction, taking into consideration the recommendations in Appendix A, Report to the United States Attorney General by the Suspicious Orders Task Force, under the Comprehensive Methamphetamine Control Act of 1996, Pub. L. No. 104-237.
(2)
In addition to any other penalty provided for in this section, the board may impose a civil penalty for a violation of subsection (a) of this section not to exceed ten thousand dollars ($10,000) per violation.
Acts 2001, No. 1209, § 2; 2005, No. 256, § 4.
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 11 - EPHEDRINE AND OTHER NONPRESCRIPTION DRUGS (§§ 5-64-1101 — 5-64-1113) › Section 5-64-1101 - Possession - Penalty

(a)
It is unlawful for any person to possess more than five grams (5g) of ephedrine or nine grams (9g) of pseudoephedrine or phenylpropanolamine, or their salts, optical isomers, and salts of optical isomers, alone or in a mixture, except:
(1)
Any pharmacist or other authorized person who sells or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers, upon the prescription of a physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority, or as authorized pursuant to §
5-64-1103
;
(2)
A product exempted under §
5-64-1103(b)(1) and (2)
, without a prescription, pursuant to the Federal Food, Drug, and Cosmetic Act,
21 U.S.C. § 301
et seq., or regulations adopted under the Federal Food, Drug, and Cosmetic Act,
21 U.S.C. § 301
et seq., if the person possesses a sales and use tax permit issued by the Department of Finance and Administration;
(3)
Any physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority who administers or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers to his or her patient; or
(4)
(A)
Any manufacturer, wholesaler, or distributor licensed by the Arkansas State Board of Pharmacy that meets one (1) of the requirements in subdivision (a)(4)(B) of this section and sells, transfers, or otherwise furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers to:
(i)
A licensed pharmacy, physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority; or
(ii)
Any person who possesses a sales and use tax permit issued by the department.
(B)
(i)
The manufacturer, wholesaler, or distributor shall hold or store the substance in a facility that meets the packaging requirements of §
5-64-1005(4)(A)
-(C).
(ii)
The manufacturer, wholesaler, or distributor shall sell, transfer, or otherwise furnish only to a healthcare professional identified in subdivisions (a)(1) and (a)(3) of this section.
(b)
Possession of more than five grams (5g) of ephedrine or more than nine grams (9g) of pseudoephedrine or phenylpropanolamine, or their salts, optical isomers, and salts of optical isomers constitutes prima facie evidence of the intent to manufacture methamphetamine or another controlled substance in violation of this subchapter unless the person qualifies for an exemption listed in subsection (a) of this section.
(c)
Any person who violates a provision of this section is guilty of a Class D felony.
Acts 1997, No. 565, § 1; 2001, No. 1209, § 3; No. 1782, § 1; 2003, No. 867, § 2; 2005, No. 256, § 5.
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 11 - EPHEDRINE AND OTHER NONPRESCRIPTION DRUGS (§§ 5-64-1101 — 5-64-1113) › Section 5-64-1102 - Possession with purpose to manufacture - Unlawful distribution

(a)
(1)
It is unlawful for a person to possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, or salts of optical isomers with a purpose to manufacture methamphetamine.
(2)
A person who violates subdivision (a)(1) of this section upon conviction is guilty of a:
(A)
Class D felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing ten grams (10g) or less of methamphetamine; or
(B)
Class B felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing more than ten grams (10g) of methamphetamine.
(b)
(1)
It is unlawful for a person to possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, or salts of optical isomers in a quantity capable of producing twenty-eight grams (28g) or more of a Schedule I or Schedule II controlled substance that is a narcotic drug or methamphetamine with a purpose to manufacture methamphetamine.
(2)
A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class B felony.
(c)
(1)
It is unlawful for a person to sell, transfer, distribute, or dispense any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers if the person:
(A)
Knows that the purchaser will use the product as a precursor to manufacture methamphetamine or another controlled substance; or
(B)
Sells, transfers, distributes, or dispenses the product with reckless disregard as to how the product will be used.
(2)
A person who violates subdivision (c)(1) of this section upon conviction is guilty of a Class D felony.
Acts 1997, No. 565, § 2; 2001, No. 1209, § 4; 2011, No. 570, § 69.
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 11 - EPHEDRINE AND OTHER NONPRESCRIPTION DRUGS (§§ 5-64-1101 — 5-64-1113) › Section 5-64-1104 - Sales records - Entering transactions into real-time electronic logbook - Purchaser's proof of identity

(a)
A pharmacy shall:
(1)
Maintain a written or electronic log or receipts of transactions involving the sale of ephedrine, pseudoephedrine, or phenylpropanolamine; and
(2)
Enter any transaction required to be maintained by this section into the real-time electronic logbook maintained by the Arkansas Crime Information Center under §
5-64-1106
.
(b)
A person purchasing, receiving, or otherwise acquiring ephedrine, pseudoephedrine, or phenylpropanolamine shall:
(1)
Produce current and valid proof of identity; and
(2)
Sign a written log or an electronic log or a receipt that documents the date of the transaction, the name of the person, and the quantity of ephedrine, pseudoephedrine, or phenylypropanolamine purchased, received, or otherwise acquired.
(c)
The requirements of subsection (a) of this section and subdivision (b)(2) of this section are satisfied by entering the information required to be produced into the real-time electronic logbook maintained by the Arkansas Crime Information Center under §
5-64-1106
.
Acts 2007, No. 508, § 2; 2007, No. 827, § 69.
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 11 - EPHEDRINE AND OTHER NONPRESCRIPTION DRUGS (§§ 5-64-1101 — 5-64-1113) › Section 5-64-1105 - Definitions

As used in this subchapter:
(1)
"Ephedrine", "pseudoephedrine", and "phenylpropanolamine" means any product containing ephedrine, pseudoephedrine, or phenylpropanolamine or any of their salts, isomers, or salts of isomers, alone or in a mixture;
(2)
"Proof of age" and "proof of identity" mean:
(A)
A driver's license or identification card issued by the Department of Finance and Administration that contains a photograph of the person, the person's date of birth, and a functioning magnetic stripe or bar code; or
(B)
An identification card issued by the United States Department of Defense to active duty military personnel that contains a photograph of the person and the person's date of birth;
(3)
(A)
"Retail distributor" means a grocery store, general merchandise store, drugstore, convenience store, or other related entity, the activities of which, as a distributor of ephedrine, pseudoephedrine, or phenylpropanolamine products, are limited exclusively to the sale for personal use of ephedrine, pseudoephedrine, or phenylpropanolamine products, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales.
(B)
"Retail distributor" includes any person or entity that makes a direct sale or has knowledge of the direct sale.
(C)
"Retail distributor" does not include:
(i)
Any manager, supervisor, or owner not present and not otherwise aware of the direct sale; or
(ii)
The parent company of a grocery store, general merchandise store, drugstore, convenience store, or other related entity if the parent company is not involved in direct sales regulated by this subchapter; and
(4)
"Sale for personal use" means the sale in a single transaction to an individual customer for a legitimate medical use of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine in a quantity at or below that specified in §
5-64-1103
, and includes the sale of those products to an employer to be dispensed to employees from a first-aid kit or medicine chest.
Amended by Act 2013, No. 176,§ 1, eff. 3/1/2013.
Acts 2007, No. 827, § 71; 2011, No. 588, § 4.
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 11 - EPHEDRINE AND OTHER NONPRESCRIPTION DRUGS (§§ 5-64-1101 — 5-64-1113) › Section 5-64-1106 - Real-time electronic logbook

(a)
(1)
Subject to available funding, on or before May 15, 2008, the Arkansas Crime Information Center shall provide pharmacies in this state access to a real-time electronic logbook for the purpose of entering into the real-time electronic logbook any transaction required to be reported by §
5-64-1104
.
(2)
The real-time electronic logbook shall have the capability to calculate both state and federal ephedrine, pseudoephedrine, or phenylpropanolamine purchase limitations.
(b)
The center may contract with a private vendor to implement this section.
(c)
The center shall not charge a pharmacy any fee:
(1)
To support the establishment or maintenance of the real-time electronic logbook; or
(2)
For any computer software required to be installed as part of the real-time electronic logbook.
Acts 2007, No. 508, § 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 11 - EPHEDRINE AND OTHER NONPRESCRIPTION DRUGS (§§ 5-64-1101 — 5-64-1113) › Section 5-64-1107 - Confidentiality of information

(a)
Information entered into the real-time electronic logbook is confidential and is not subject to the Freedom of Information Act of 1967, §
25-19-101
et seq.
(b)
Except as authorized under §
5-64-1108
or otherwise by law, the Arkansas Crime Information Center shall not disclose any information entered, collected, recorded, transmitted, or maintained in the real-time electronic logbook.
Acts 2007, No. 508, § 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 11 - EPHEDRINE AND OTHER NONPRESCRIPTION DRUGS (§§ 5-64-1101 — 5-64-1113) › Section 5-64-1108 - Authorized access to the real-time electronic logbook

The Arkansas Crime Information Center shall provide access to the real-time electronic logbook to the following:
(1)
Any person authorized to prescribe or dispense products containing ephedrine, pseudoephedrine, or phenylpropanolamine for the purpose of providing medical care or pharmaceutical care;
(2)
A local, state, or federal law enforcement official or a local, state, or federal prosecutor;
(3)
A local, state, or federal official who requests access for the purpose of facilitating a product recall necessary for the protection of the public health and safety; and
(4)
The Arkansas State Board of Pharmacy for the purpose of investigating a suspicious transaction, as allowed under §
5-64-1006
.
Acts 2007, No. 508, § 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 11 - EPHEDRINE AND OTHER NONPRESCRIPTION DRUGS (§§ 5-64-1101 — 5-64-1113) › Section 5-64-1109 - Promulgation of rules

The Arkansas Crime Information Center, after consulting with the Arkansas State Board of Pharmacy, shall promulgate rules necessary to:
(1)
Implement the provisions of §§
5-64-1104(a)(2)
and
5-64-1106
-
5-64-1112
;
(2)
Ensure that the real-time electronic logbook enables a pharmacy to monitor the sales of ephedrine, pseudoephedrine, or phenylpropanolamine occurring at that pharmacy;
(3)
Allow a pharmacy to determine whether it will access information concerning sales of ephedrine, pseudoephedrine, or phenylpropanolamine made at other pharmacies in this state; and
(4)
Ensure that the real-time electronic logbook does not allow access to a competitor's pricing information for ephedrine, pseudoephedrine, and phenylpropanalomine.
Acts 2007, No. 508, § 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 11 - EPHEDRINE AND OTHER NONPRESCRIPTION DRUGS (§§ 5-64-1101 — 5-64-1113) › Section 5-64-1110 - Destruction of records

The Arkansas Crime Information Center shall destroy any transaction record maintained in the real-time electronic logbook within two (2) years from the date of its entry unless the transaction record is being used in an ongoing criminal investigation or criminal proceeding.
Acts 2007, No. 508, § 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 11 - EPHEDRINE AND OTHER NONPRESCRIPTION DRUGS (§§ 5-64-1101 — 5-64-1113) › Section 5-64-1111 - Liability of pharmacy or pharmacist

(a)
A pharmacy in this state is not liable civilly for a sale of ephedrine, pseudoephedrine, or phenylpropanolamine that occurs at another pharmacy in this state.
(b)
A pharmacy or pharmacist is not civilly liable for a determination made under §
5-64-1103(c)
or for any refusal to dispense, sell, transfer, or otherwise furnish ephedrine, pseudoephedrine, or phenylpropanolamine based on a determination of age or identity.
Acts 2007, No. 508, § 3; 2011, No. 588, § 5.
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 11 - EPHEDRINE AND OTHER NONPRESCRIPTION DRUGS (§§ 5-64-1101 — 5-64-1113) › Section 5-64-1112 - Penalty for unauthorized disclosure and unauthorized access

(a)
A person commits an offense if he or she knowingly:
(1)
Releases or discloses to any unauthorized person any confidential information collected and maintained under §
5-64-1107
or §
5-64-1108
; or
(2)
Obtains confidential information for a purpose not authorized by §
5-64-1107
or §
5-64-1108
.
(b)
A violation of subsection (a) of this section is a Class A misdemeanor.
Acts 2007, No. 508, §, 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 11 - EPHEDRINE AND OTHER NONPRESCRIPTION DRUGS (§§ 5-64-1101 — 5-64-1113) › Section 5-64-1113 - Pharmacist-authorized drugs

(a)
The Arkansas State Board of Pharmacy may adopt rules creating and adding to a list of additional nonprescription drugs that are subject to the same restrictions as are imposed for ephedrine, pseudoephedrine, or phenylpropanolamine under §§
5-64-1103(c)
,
5-64-1103(d)(4)
, and
5-64-1104
.
(b)
A pharmacy or a pharmacist has the same immunity from civil liability with regard to actions regarding nonprescription drugs under subsection (a) of this section as is provided under §
5-64-1111
for actions concerning ephedrine, pseudoephedrine, or phenylpropanolamine.
Amended by Act 2013, No. 1125,§ 16, eff. 8/16/2013.
Acts 2011, No. 588, § 6.
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 12 - NITROUS OXIDE (§§ 5-64-1201 — 5-64-1203) › Section 5-64-1201 - Possession

(a)
It is unlawful for any person to possess a substance listed in subsection (b) of this section:
(1)
With the intent to breathe, inhale, ingest, or use the substance for the purpose of:
(A)
Causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses; or
(B)
In any manner changing, distorting, or disturbing his or her audio, visual, or mental processes; or
(2)
Who purposely is under the influence of the substance.
(b)
This subchapter applies to the following substances:
(1)
Nitrous oxide, commonly known as "laughing gas";
(2)
Any compound, liquid, or chemical that contains nitrous oxide; or
(3)
Any amyl nitrite, commonly known as "poppers" or "snappers".
(c)
Upon conviction, a person who violates this section is guilty of a Class A misdemeanor.
Acts 1997, No. 355, § 1; 2001, No. 1553, § 13; 2007, No. 827, § 72.
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 12 - NITROUS OXIDE (§§ 5-64-1201 — 5-64-1203) › Section 5-64-1202 - Distribution

(a)
It is unlawful for any person, firm, corporation, limited liability company, or association to purposely sell, offer for sale, distribute, or give away a substance listed in §
5-64-1201(b)
for the purpose of inducing or aiding another person to breathe, inhale, ingest, use, or be under the influence of the substance for a purpose prohibited in §
5-64-1201
.
(b)
Upon conviction, a person, firm, corporation, limited liability company, or an association that violates this section is guilty of a Class A misdemeanor.
Acts 1997, No. 355, § 2; 2001, No. 1553, § 14; 2007, No. 827, § 73.
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 12 - NITROUS OXIDE (§§ 5-64-1201 — 5-64-1203) › Section 5-64-1203 - Exemptions

(a)
A prohibitive provision in this subchapter does not apply to the possession and use of a substance listed in §
5-64-1201(b)
that is prescribed as part of the practice of dentistry or as part of the care or treatment of a disease, condition, or injury by a licensed physician or to its use as part of a manufacturing process or industrial operation.
(b)
A prohibitive provision in this subchapter shall not apply to the possession, use, or sale of nitrous oxide as a propellant in food preparation for restaurant, food service, or a houseware product.
Acts 1997, No. 355, § 3; 2007, No. 827, § 74.
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 13 - ANHYDROUS AMMONIA (§§ 5-64-1301 — 5-64-1303) › Section 5-64-1301 - Possession of anhydrous ammonia in unlawful container

Any person who knowingly possesses anhydrous ammonia in a container that does not comply with the rules of the Boiler Inspection Division of the Division of Labor for the containment of anhydrous ammonia is guilty of a Class B felony.
Amended by Act 2019, No. 315,§ 167, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5266, eff. 7/1/2019.
Acts 1999, No. 909, § 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 13 - ANHYDROUS AMMONIA (§§ 5-64-1301 — 5-64-1303) › Section 5-64-1302 - Agricultural use as affirmative defense

It is an affirmative defense to prosecution under this subchapter that a chemical is possessed for the sole purpose of agricultural use.
Acts 1999, No. 909, § 2.
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 13 - ANHYDROUS AMMONIA (§§ 5-64-1301 — 5-64-1303) › Section 5-64-1303 - Applicability of subchapter

The provisions of this subchapter do not apply to a trained chemist working in a properly equipped research laboratory in an education, government, or corporate setting.
Acts 1999, No. 909, § 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 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-101 - Title

This chapter shall be known as the "Omnibus DWI or BWI Act".
Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Acts 1983, No. 549, § 1; A.S.A. 1947, § 75-2501; 2007, No. 214, § 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 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-103 - Driving or boating while intoxicated

(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.
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 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-105 - Operation of motor vehicle during period of license suspension or revocation

A person whose driving privilege has been suspended or revoked under this subchapter who operates a motor vehicle in this state during the period of the suspension or revocation upon conviction is guilty of an unclassified misdemeanor and:
(1)
Shall be imprisoned for not less than ten (10) days or more than ninety (90) days; and
(2)
May be assessed a fine of not more than one thousand dollars ($1,000).
Amended by Act 2015, No. 1035,§ 1, eff. 7/22/2015.
Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Acts 1983, No. 549, § 14; A.S.A. 1947, § 75-2512; Acts 2001, No. 1715, § 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 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-106 - Impoundment of license plate

(a)
When a law enforcement officer arrests a person for operating a motor vehicle while that person's driving privilege has been suspended or revoked under the laws of any state due to the person's having previously been found guilty or having pleaded guilty or nolo contendere to violating §
5-65-103
and if the motor vehicle operated by the person is owned in whole or part by the person, the motor vehicle license plate shall be impounded by the law enforcement officer for no less than ninety (90) days.
(b)
If the court determines it is in the best interest of the dependents of the person, the court shall instruct the Secretary of the Department of Finance and Administration to issue a temporary substitute motor vehicle license plate for the motor vehicle, and the temporary substitute motor vehicle license plate shall indicate that the original motor vehicle license plate has been impounded.
Amended by Act 2019, No. 910,§ 3359, eff. 7/1/2019.
Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Acts 1983, No. 549, § 15; A.S.A. 1947, § 75-2513.
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 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-107 - Persons arrested to be tried on charges - No charges reduced - Filing citations

(a)
A person arrested for violating §
5-65-103
shall be tried on the charge of violating §
5-65-103
or plead to the charge of violating §
5-65-103
, and the charge of violating §
5-65-103
shall not be reduced or dismissed.
(b)
Furthermore, when a law enforcement officer issues a citation for violating §
5-65-103
, the citation shall be filed with the court as soon as possible.
Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Acts 1983, No. 549, § 8; A.S.A. 1947, § 75-2508.
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 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-108 - No probation prior to adjudication of guilt

(a)
A circuit court judge or district court judge may not utilize the first-time offender probation provisions under §
16-93-301
et seq. when the defendant is charged with violating §
5-65-103
.
(b)
Notwithstanding the provisions of §
5-4-301
, §
5-4-322
, or subsection (a) of this section, a circuit court judge or district court judge may:
(1)
Utilize probationary supervision, in addition to the mandatory penalties required for a violation of §
5-65-103
, solely for the purpose of monitoring compliance with his or her orders; and
(2)
Require an offender to pay a reasonable fee in an amount to be established by the circuit court judge or district court judge.
Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Acts 1983, No. 549, § 9; A.S.A. 1947, § 75-2509; Acts 2005, No. 1768, § 2; 2007, No. 827, § 76.
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 65 - DRIVING OR BOATING WHILE INTOXICATED (§§ 5-65-101 — 5-65-403) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-65-101 — 5-65-123) › Section 5-65-109 - Presentencing report

(a)
The court shall immediately request and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or its designee shall provide a presentence screening and assessment report of the defendant who pleads guilty or nolo contendere or is found guilty of violating §
5-65-103
or §
5-65-303
.
(b)
(1)
The presentence screening and assessment report shall be provided within thirty (30) days of the request.
(2)
(A)
If the defendant's sentencing is delayed by the defendant after he or she pleads guilty or nolo contendere, or if he or she is found guilty, the clerk of the court shall notify the defendant by first-class mail sent to the defendant's last known address that he or she has fifteen (15) days to appear and show cause for failing to appear for sentencing.
(B)
The court may proceed with sentencing even in the absence of the defendant after the expiration of the fifteen (15) days under subdivision (b)(2)(A) of this section.
(c)
The presentence screening and assessment report shall include without limitation:
(1)
The defendant's driving record;
(2)
An alcohol problem assessment; and
(3)
A victim impact statement, if applicable.
Amended by Act 2019, No. 321,§ 1, eff. 7/24/2019.
Amended by Act 2017, No. 913,§ 19, eff. 8/1/2017.
Amended by Act 2015, No. 299,§ 6, eff. 7/22/2015.
Amended by Act 2013, No. 1107,§ 3, eff. 8/16/2013.
Acts 1983, No. 549, § 6; A.S.A. 1947, § 75-2506; Acts 1991, No. 899, § 1; 1999, No. 1077, § 10; 2003, No. 129, § 1; 2007, No. 251, § 1; 2007, No. 827, § 77.