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 2 - UNIFORM CONTROLLED SUBSTANCES ACT - DESIGNATION OF CONTROLLED SUBSTANCES (§§ 5-64-201 — 5-64-216) › Section 5-64-215 - Substances in Schedule VI

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