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 63 - BUSINESS MISCONDUCT (§§ 5-63-201 — 5-63-305) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-63-201 — 5-63-205) › Section 5-63-201 - [Repealed]

Repealed by Act 2023, No. 590,§ 2, eff. 4/11/2023.
Amended by Act 2015, No. 860,§ 2, eff. 7/22/2015.
Acts 1955, No. 51, §§ 1, 2; A.S.A. 1947, §§ 41-4151, 41-4152; Acts 1987, No. 21, § 1; 1993, No. 565, § 1; 2005, No. 1994, § 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 63 - BUSINESS MISCONDUCT (§§ 5-63-201 — 5-63-305) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-63-201 — 5-63-205) › Section 5-63-202 - Requiring borrower to pay contribution to substitute one insurance policy for another

(a)
No person, firm, or corporation engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property and no trustee, director, officer, agent, or other employee of any person, firm, or corporation engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property shall directly or indirectly require that a borrower pay a consideration of any kind to substitute the insurance policy of one (1) insurer for that of another insurer.
(b)
Any violation of a provision of this section constitutes a violation, and upon conviction the violator shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense.
Acts 1957, No. 229, §§ 1, 2; A.S.A. 1947, §§ 41-4153, 41-4154; Acts 2005, No. 1994, § 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 63 - BUSINESS MISCONDUCT (§§ 5-63-201 — 5-63-305) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-63-201 — 5-63-205) › Section 5-63-204 - Automated telephone solicitation

(a)
(1)
It is unlawful for any person to use a telephone for the purpose of offering any goods or services for sale, or for conveying information regarding any goods or services for the purpose of soliciting the sale or purchase of the goods or services when the use involves an automated system for the selection and dialing of telephone numbers and the playing of recorded messages when a message is completed to the called number.
(2)
However, nothing in this section prohibits the use of:
(A)
A telephone involving an automated system for the selection and dialing of telephone numbers and the play of recorded messages to:
(i)
Inform the purchaser of the goods or services concerning receipt and availability of the goods or services for delivery to the purchaser; or
(ii)
Convey information concerning any delay or pertinent information about the current status of any purchase order previously made; or
(B)
An automated telephone system with a recorded message when the call is made or message given solely in response to a call initiated by the person to which the automatic call or recorded message is directed.
(b)
A person who violates this section upon conviction is guilty of a Class D felony.
(c)
(1)
The Attorney General, a prosecuting attorney, any law enforcement officer, or any telephone company serving an area from which automated telephone calls are made may seek injunctive relief to enforce the provision of this section.
(2)
If a civil action is filed pursuant to this section, the prevailing party is entitled to a reasonable attorney's fee and court costs.
Amended by Act 2019, No. 677,§ 7, eff. 7/24/2019.
Amended by Act 2019, No. 677,§ 6, eff. 7/24/2019.
Acts 1981, No. 947, §§ 1-3; A.S.A. 1947, §§ 41-4162 -- 41-4164.
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 63 - BUSINESS MISCONDUCT (§§ 5-63-201 — 5-63-305) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-63-201 — 5-63-205) › Section 5-63-205 - Misleading caller identification information - Exemptions - Penalties

(a)
It is unlawful for a person, in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information if the purpose is to defraud, cause harm, or wrongfully obtain anything of value.
(b)
It is unlawful for a person, in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information unless the person has verified that the caller has a right to use the name and the phone number displayed.
(c)
It is unlawful for a telecommunications service to permit or cause a caller identification service or device to display the name or telephone number of the recipient.
(d)
It is unlawful for a person to use a third party to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service for any purpose.
(e)
This section does not prohibit:
(1)
An authorized activity of a law enforcement agency;
(2)
Any investigative, protective, or intelligence activity of a law enforcement agency, including a law enforcement agency of the United States, another state, or a political subdivision of another state, an intelligence agency of the United States, or a protective services shelter or facility, including without limitation a domestic violence shelter, from transmitting or causing to be transmitted, an inaccurate telecommunications number;
(3)
A telecommunications service from blocking or restricting the name or phone number from being displayed by caller identification equipment or devices;
(4)
Any activity pursuant to a court order that specifically authorizes the use of caller identification manipulation; or
(5)
A telecommunications provider or other person from transmitting or causing to be transmitted an inaccurate telecommunications telephone number for a legitimate business purpose.
(f)
This section does not apply to a telecommunications provider that complies with §
23-17-122
.
(g)
A violation of this section is a Class D felony.
Amended by Act 2019, No. 1074,§ 1, eff. 4/16/2019.
Added by Act 2019, No. 677,§ 8, eff. 7/24/2019.
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 63 - BUSINESS MISCONDUCT (§§ 5-63-201 — 5-63-305) › Subchapter 3 - DEBT ADJUSTING (§§ 5-63-301 — 5-63-305) › Section 5-63-301 - Definitions

As used in this subchapter:
(1)
"Debt adjuster" means a person who engages in, attempts to engage in, or offers to engage in the practice or business of debt adjusting;
(2)
"Debt adjusting" means the:
(A)
Entering into or making of a contract, express or implied, with a particular debtor in which the debtor agrees to pay a certain amount of money periodically to the person engaged in the debt adjusting business that, for a consideration, agrees to distribute, or distributes, the money among certain specified creditors in accordance with an agreed upon plan; or
(B)
Business or practice of any person that holds oneself out as acting or offering or attempting to act for a consideration as an intermediary between a debtor and the debtor's creditors for the purpose of settling, compounding, or in anyway altering the terms of payment of any debt of a debtor and, to that end, receives money or other property from the debtor or on behalf of the debtor for the payment to or distribution among the creditors of the debtor;
(3)
"Debtor" means an individual and includes two (2) or more individuals who are jointly and severally, or jointly or severally, indebted to a creditor; and
(4)
"Person" includes an individual, partnership, association, and corporation.
Acts 1967, No. 61, § 1; A.S.A. 1947, § 41-4157.
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 63 - BUSINESS MISCONDUCT (§§ 5-63-201 — 5-63-305) › Subchapter 3 - DEBT ADJUSTING (§§ 5-63-301 — 5-63-305) › Section 5-63-302 - Debt adjusting - Prohibition

(a)
A person shall not engage in, or offer to or attempt to engage in, the business or practice of debt adjusting in this state.
(b)
A violation of subsection (a) of this section is a Class A misdemeanor.
Amended by Act 2015, No. 1263,§ 17, eff. 7/22/2015.
Acts 1967, No. 61, § 2; A.S.A. 1947, § 41-4158.
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 63 - BUSINESS MISCONDUCT (§§ 5-63-201 — 5-63-305) › Subchapter 3 - DEBT ADJUSTING (§§ 5-63-301 — 5-63-305) › Section 5-63-303 - Debt adjusting - Injunction against operation - Receivership

(a)
In an action brought in the name of the state by a prosecuting attorney within his or her district or by the Attorney General, a circuit court has jurisdiction to enjoin any person from:
(1)
Acting, offering to act, or attempting to act as a debt adjuster; or
(2)
Engaging in the business of debt adjusting.
(b)
In an action under subsection (a) of this section, the circuit court may appoint a receiver for the property and money employed in the transaction of business by the person as a debt adjuster, to ensure, so far as may be possible, the return to debtors of so much of their money and property as has been received by the debt adjuster and has not been paid to the creditors of the debtors.
Acts 1967, No. 61, § 3; A.S.A. 1947, § 41-4159.
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 63 - BUSINESS MISCONDUCT (§§ 5-63-201 — 5-63-305) › Subchapter 3 - DEBT ADJUSTING (§§ 5-63-301 — 5-63-305) › Section 5-63-304 - [Repealed]

Repealed by Act 2015, No. 1263,§ 18, eff. 7/22/2015.
Acts 1967, No. 61, § 4; A.S.A. 1947, § 41-4160; Acts 2005, No. 1994, § 223.
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 63 - BUSINESS MISCONDUCT (§§ 5-63-201 — 5-63-305) › Subchapter 3 - DEBT ADJUSTING (§§ 5-63-301 — 5-63-305) › Section 5-63-305 - Debt adjusting law - Exclusions

The following persons are not considered a debt adjuster for the purposes of this subchapter:
(1)
An attorney at law;
(2)
A bank, fiduciary, or financing and lending institution as authorized and admitted to transact business in this state and performing credit and financial adjusting services in the regular course of its principal business;
(3)
A title insurer or abstract company, while doing an escrow business;
(4)
An employer, for its employees;
(5)
A judicial officer or another person acting pursuant to court order;
(6)
A nonprofit organization giving debt management service without fee or charge or with a fee if the fee is in an amount not to exceed the amount of actual expenses incurred in offering the debt management service; and
(7)
An association, for its members.
Acts 1967, No. 61, § 5; 1983, No. 189, § 2; A.S.A. 1947, § 41-4161.
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 5-64-202 - Nomenclature

A controlled substance listed or to be listed in a schedule shall be included by whatever official, common, usual chemical, or trade name designated.
Acts 1971, No. 590, Art. 2, § 2; 1973, No. 186, § 1; 1979, No. 898, § 4; A.S.A. 1947, § 82-2603.
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 5-64-203 - Criteria for Schedule I

The Secretary of the Department of Health shall place a substance in Schedule I if he or she finds that the substance has:
(1)
High potential for abuse; and
(2)
No accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
Amended by Act 2019, No. 910,§ 4832, eff. 7/1/2019.
Acts 1971, No. 590, Art. 2, § 3; 1973, No. 186, § 1; 1979, No. 898, § 5; A.S.A. 1947, § 82-2604.
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 5-64-204 - Substances in Schedule I

(a)
In addition to any substance placed in Schedule I by the Secretary of the Department of Health under §
5-64-203
, 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 the following substances' analogs, salts, isomers, and salts of isomers when the existence of the analogs, salts, isomers, and salts of isomers is possible within the specific chemical designation, with the following chemical structure is included in Schedule I:
(1)
4-Methylmethcathinone (Mephedrone);
(2)
Methylenedioxypyrovalerone (MDPV);
(3)
3,4-Methylenedioxy-N-methylcathinone (Methylone);
(4)
4-Methoxymethcathinone;
(5)
3-Fluoromethcathinone;
(6)
4-Fluoromethcathinone; or
(7)
A compound, unless listed in another schedule or a legend drug, that is structurally derived from 2-Amino-1-phenyl-1-propanone by modification or by substitution:
(A)
In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one (1) or more other univalent substituents;
(B)
At the 3-position with an alkyl substituent; or
(C)
At the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
(b)
The Secretary of the Department of Health shall not delete a controlled substance listed in this section from Schedule I.
Amended by Act 2019, No. 910,§ 4833, eff. 7/1/2019.
Acts 2011, No. 751, § 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 2 - UNIFORM CONTROLLED SUBSTANCES ACT - DESIGNATION OF CONTROLLED SUBSTANCES (§§ 5-64-201 — 5-64-216) › Section 5-64-205 - Criteria for Schedule II

The Secretary of the Department of Health shall place a substance in Schedule II if he or she finds that:
(1)
The substance has high potential for abuse;
(2)
The substance has currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions; and
(3)
The abuse of the substance may lead to severe psychic or physical dependence.
Amended by Act 2019, No. 910,§ 4834, eff. 7/1/2019.
Acts 1971, No. 590, Art. 2, § 5; 1973, No. 186, § 1; 1979, No. 898, § 6; A.S.A. 1947, § 82-2606.
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 5-64-207 - Criteria for Schedule III

The Secretary of the Department of Health shall place a substance in Schedule III if he or she finds that:
(1)
The substance has a potential for abuse less than the substances listed in Schedules I and II;
(2)
The substance has currently accepted medical use in treatment in the United States; and
(3)
Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
Amended by Act 2019, No. 910,§ 4835, eff. 7/1/2019.
Acts 1971, No. 590, Art. 2, § 7; 1973, No. 186, § 1; 1979, No. 898, § 7; A.S.A. 1947, § 82-2608.
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 5-64-209 - Criteria for Schedule IV

The Secretary of the Department of Health shall place a substance in Schedule IV if he or she finds that:
(1)
The substance has a low potential for abuse relative to substances in Schedule III;
(2)
The substance has currently accepted medical use in treatment in the United States; and
(3)
Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
Amended by Act 2019, No. 910,§ 4836, eff. 7/1/2019.
Acts 1971, No. 590, Art. 2, § 9; 1973, No. 186, § 1; 1979, No. 898, § 9; A.S.A. 1947, § 82-2610.
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 5-64-210 - Substances in Schedule IV

Schedule IV includes any material, compound, mixture, or preparation that contains any quantity of tramadol or that contains any of tramadol's salts, isomers, or salts of isomers.
Acts 2007, No. 558, § 1; No. 585, § 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 2 - UNIFORM CONTROLLED SUBSTANCES ACT - DESIGNATION OF CONTROLLED SUBSTANCES (§§ 5-64-201 — 5-64-216) › Section 5-64-211 - Criteria for Schedule V

The Secretary of the Department of Health shall place a substance in Schedule V if he or she finds that:
(1)
The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
(2)
The substance has currently accepted medical use in treatment in the United States; and
(3)
The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
Amended by Act 2019, No. 910,§ 4837, eff. 7/1/2019.
Acts 1971, No. 590, Art. 2, § 11; 1973, No. 186, § 1; 1979, No. 898, § 11; A.S.A. 1947, § 82-2612.
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 5-64-212 - Substances in Schedule V

(a)
An ephedrine combination product, pseudoephedrine, and phenylpropanolamine, as defined in §
5-64-1105
, are designated Schedule V controlled substances in addition to the drugs and other substances listed in Schedule V of the List of Controlled Substances for the State of Arkansas promulgated by the Secretary of the Department of Health.
(b)
The Schedule V classification does not apply to:
(1)
An exempt product described in §
5-64-1103(b)(1)
; or
(2)
Any ephedrine or pseudoephedrine in liquid, liquid capsule, or liquid gel capsule form described in §
5-64-1103(b)(2)
.
(c)
The secretary may reschedule a product described in subdivision (b)(1) or subdivision (b)(2) of this section if it is determined that the conversion of the active ingredient in the product into methamphetamine or its salts or precursors is feasible.
(d)
A wholesale distributor with exclusive rights to distribute pseudoephedrine to only licensed pharmacies is exempt from Schedule V requirements for the storage and distribution of pseudoephedrine.
Amended by Act 2019, No. 910,§ 4839, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 4838, eff. 7/1/2019.
Acts 2005, No. 256, § 2; 2011, No. 588, § 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 2 - UNIFORM CONTROLLED SUBSTANCES ACT - DESIGNATION OF CONTROLLED SUBSTANCES (§§ 5-64-201 — 5-64-216) › Section 5-64-213 - Schedule VI established

(a)
There is established a Schedule VI for the classification of those substances that are determined to be inappropriately classified by placing them in Schedules I through V.
(b)
Schedule VI includes a controlled substance listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated.
Acts 1971, No. 590, Art. 2, § 13, as added by Acts 1973, No. 186, § 1; A.S.A. 1947, § 82-2614.
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 5-64-214 - Criteria for Schedule VI

The Secretary of the Department of Health shall place a substance in Schedule VI if he or she finds that:
(1)
The substance is not currently accepted for medical use in treatment in the United States;
(2)
There is lack of accepted safety for use of the drug or other substance even under direct medical supervision;
(3)
The substance has relatively high psychological or physiological dependence liability, or both; and
(4)
Use of the substance presents a definite risk to public health.
Amended by Act 2019, No. 910,§ 4840, eff. 7/1/2019.
Acts 1971, No. 590, Art. 2, § 14, as added by Acts 1973, No. 186, § 1; 1979, No. 898, § 12; A.S.A. 1947, § 82-2614.1; Acts 2007, No. 827, § 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 2 - UNIFORM CONTROLLED SUBSTANCES ACT - DESIGNATION OF CONTROLLED SUBSTANCES (§§ 5-64-201 — 5-64-216) › Section 5-64-216 - Schedule revisions

The Secretary of the Department of Health shall revise and republish the schedules annually.
Amended by Act 2019, No. 910,§ 4843, eff. 7/1/2019.
Acts 1971, No. 590, Art. 2, § 16, as added by Acts 1973, No. 186, § 1; 1979, No. 898, § 13; A.S.A. 1947, § 82-2614.3.
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 3 - UNIFORM CONTROLLED SUBSTANCES ACT - REGULATION OF DISTRIBUTION (§§ 5-64-301 — 5-64-308) › Section 5-64-305 - Powers of Arkansas State Board of Pharmacy - Sale of nonnarcotic drugs

(a)
(1)
Nothing contained in this chapter shall affect the licensing or regulation of pharmacists or pharmacies in this state by the Arkansas State Board of Pharmacy.
(2)
The board may also inventory and destroy any outdated or unwanted controlled substance at the request of a licensee of the board with proper record of the destruction provided to appropriate agencies.
(3)
The board is given primary but not exclusive jurisdiction in the enforcement application of this chapter to the board's licensees.
(b)
Nothing in this chapter is deemed to prohibit the sale of a nonnarcotic proprietary drug if the nonnarcotic proprietary drug, under the Federal Food, Drug, and Cosmetic Act,
21 U.S.C. § 301
et seq., or the Food, Drug, and Cosmetic Act, §
20-56-201
et seq., may be lawfully sold over the counter without a prescription.
Acts 2005, No. 1994, § 304[A].
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 3 - UNIFORM CONTROLLED SUBSTANCES ACT - REGULATION OF DISTRIBUTION (§§ 5-64-301 — 5-64-308) › Section 5-64-306 - Offenses relating to records

It is unlawful for any person to refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this chapter.
Acts 2005, No. 1994, § 304[B].
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 3 - UNIFORM CONTROLLED SUBSTANCES ACT - REGULATION OF DISTRIBUTION (§§ 5-64-301 — 5-64-308) › Section 5-64-307 - Order forms

(a)
A controlled substance in Schedule I or Schedule II shall be distributed by a practitioner to another practitioner only pursuant to an order form.
(b)
Compliance with the provisions of federal law respecting an order form is deemed compliance with this section.
Acts 1971, No. 590, Art. 3, § 1; A.S.A. 1947, § 82-2615.
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 3 - UNIFORM CONTROLLED SUBSTANCES ACT - REGULATION OF DISTRIBUTION (§§ 5-64-301 — 5-64-308) › Section 5-64-308 - [See Note] Prescriptions

(a)
Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II may be dispensed without the written prescription of a practitioner or the oral, faxed, or electronic prescription of a practitioner, if issued in compliance with federal law and regulations.
(b)
(1)
Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in Schedule III or Schedule IV that is a prescription drug shall not be dispensed without a written or oral prescription of a practitioner or the faxed or electronic prescription of a practitioner, if issued in compliance with federal law and regulations.
(2)
The prescription shall not be filled or refilled more than six (6) months after the date of the prescription or be refilled more than five (5) times unless renewed by the practitioner.
(c)
A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose.
Amended by Act 2013, No. 1331,§ 1, eff. 8/16/2013.
Acts 1971, No. 590, Art. 3, § 2; A.S.A. 1947, § 82-2616.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 5-64-402 - Controlled substances - Offenses relating to records, maintaining premises, etc

(a)
It is unlawful for any person:
(1)
To refuse an entry into any premises for any inspection authorized by this chapter; or
(2)
Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, or other structure or place or premise that is resorted to by a person for the purpose of using or obtaining a controlled substance in violation of this chapter or that is used for keeping a controlled substance in violation of this chapter.
(b)
(1)
Any person who violates this section is guilty of a Class C felony.
(2)
However, a violation of this section is a Class B felony if the violation is committed on or within one thousand feet (1,000') of the real property of a certified drug-free zone.
(c)
As used in this section:
(1)
"Certified drug-free zone" means:
(A)
A city or state park;
(B)
A public or private elementary or secondary school, public vocational school, or public or private college or university;
(C)
A designated school bus stop as identified on the route list published by a public school district annually;
(D)
A publically funded and administered multifamily housing development;
(E)
A skating rink, Boys and Girls Club, YMCA, YWCA, community center, recreation center, or video arcade;
(F)
A drug or alcohol treatment facility;
(G)
A day care center;
(H)
A church; or
(I)
A shelter as defined in §
9-4-102
; and
(2)
"Recreation center" means a public place consisting of various types of entertainment including without limitation:
(A)
Billiards or pool;
(B)
Ping pong or table tennis;
(C)
Bowling;
(D)
Video games;
(E)
Pinball machines; or
(F)
Any other similar type of entertainment.
Acts 1971, No. 590, Art. 4, § 2; 1975 (Extended Sess., 1976), No. 1225, § 1; 1977, No. 557, § 2; A.S.A. 1947, § 82-2618; reen. Acts 1987, No. 1013, § 1; 1993, No. 1189, § 6; 2005, No. 1994, § 305[A]; 2007, No. 827, § 59; 2011, No. 570, § 34.
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 5-64-403 - Controlled substances - Fraudulent practices

(a)
It is unlawful for a person to knowingly:
(1)
Distribute as a practitioner a Schedule I or Schedule II controlled substance, except under an order form as required by §
5-64-307
;
(2)
Acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or theft;
(3)
Furnish false or fraudulent material information in or omit any material information from any record, application, report, or other document required to be kept or filed under this chapter;
(4)
Make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another person or any likeness of any trademark, trade name, or other identifying mark, imprint, or device of another person upon any drug or container or labeling of a drug or container so as to render the drug a counterfeit substance; or
(5)
(A)
Agree, consent, or in any manner offer to unlawfully sell, furnish, transport, administer, or give any controlled substance to any person or to arrange for any action described in this subdivision (a)(5)(A), and then to substitute a noncontrolled substance in lieu of the controlled substance bargained for.
(B)
The proffer of a controlled substance creates a rebuttable presumption of knowingly agreeing, consenting, or offering to sell, furnish, transport, administer, or give a noncontrolled substance that does not require additional showing of specific purpose to substitute a noncontrolled substance.
(b)
A person who violates:
(1)
Subdivision (a)(1), subdivision (a)(2), subdivision (a)(3), or subdivision (a)(4) of this section upon conviction is guilty of a Class D felony; or
(2)
Subdivision (a)(5) of this section with respect to a noncontrolled substance represented to be a controlled substance classified in:
(A)
Schedule I or Schedule II upon conviction is guilty of a Class C felony;
(B)
Schedule III, Schedule IV, or Schedule V upon conviction is guilty of a Class D felony; or
(C)
Schedule VI upon conviction is guilty of a Class A misdemeanor.
(c)
A second or subsequent offense of attempt to violate subdivision (a)(1), subdivision (a)(2), subdivision (a)(3), or subdivision (a)(4) of this section is a Class D felony.
Amended by Act 2013, No. 1192,§ 2, eff. 8/16/2013.
Amended by Act 2013, No. 1192,§ 1, eff. 8/16/2013.
Acts 1971, No. 590, Art. 4, § 3; 1972 (Ex. Sess.), No. 67, § 2; 1977, No. 557, § 3; 1981, No. 78, § 2; 1981, No. 116, §§ 2, 3; 1981, No. 117, § 1; 1983, No. 787, § 6; A.S.A. 1947, § 82-2619; Acts 1999, No. 326, § 1; 1999, No. 1268, § 3; 2001, No. 1451, § 1; 2005, No. 1994, § 305[A]; 2007, No. 827, § 60; 2009, No. 748, § 27; 2011, No. 570, § 35.
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 5-64-404 - Use of a communication device

(a)
(1)
As used in this section, "communication device" means any public or private instrumentality used or useful in the transmission of a writing, sign, signal, picture, or sound of any kind.
(2)
"Communication device" includes mail, telephone, wire, radio, and any other means of communication.
(b)
A person commits the offense of unlawful use of a communication device if he or she knowingly uses any communication device in committing or in causing or facilitating the commission of any act constituting a:
(1)
Felony under this chapter; or
(2)
Felony inchoate offense under §
5-3-101
et seq. or this chapter.
(c)
Each separate use of a communication device is a separate offense under this section.
(d)
Any person who violates this section upon conviction is guilty of a Class C felony.
Acts 1971, No. 590, Art. 4, § 4; A.S.A. 1947, § 82-2620; Acts 2005, No. 1994, § 305[A]; 2007, No. 827, § 61; 2011, No. 570, § 36 .
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 5-64-406 - Delivery to minors - Enhanced penalties

(a)
Any person eighteen (18) years of age or older who violates §
5-64-422
, §
5-64-426
, or §
5-64-440
by delivering or trafficking a Schedule I or Schedule II controlled substance that is a narcotic drug or methamphetamine to a person under eighteen (18) years of age who is at least three (3) years younger than the person is subject to an enhanced sentence of the fine authorized by §
5-64-422
, §
5-64-426
, or §
5-64-440
, a term of imprisonment of up to two (2) times that authorized by §
5-64-422
, §
5-64-426
, or §
5-64-440
, or both.
(b)
Any person eighteen (18) years of age or older who violates §
5-64-426
, §
5-64-430
, §
5-64-434
, §
5-64-438
, or §
5-64-440
by delivering or trafficking any other controlled substance to a person under eighteen (18) years of age who is at least three (3) years younger than the person is subject to an enhanced sentence of the fine authorized by §
5-64-426
, §
5-64-430
, §
5-64-434
, §
5-64-438
, or §
5-64-440
, a term of imprisonment up to two (2) times that authorized by §
5-64-426
, §
5-64-430
, §
5-64-434
, §
5-64-438
, or §
5-64-440
, or both.
(c)
A person who is not otherwise subject to an enhancement to his or her sentence as provided in subsection (a) or subsection (b) of this section and is convicted of delivering a controlled substance to a person under eighteen (18) years of age is subject to an additional term of imprisonment of ten (10) years.
Acts 1971, No. 590, Art. 4, § 6; A.S.A. 1947, § 82-2622; Acts 2005, No. 1994, § 475; 2011, No. 570, § 38.
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 5-64-407 - Manufacture of methamphetamine in the presence of certain persons - Enhanced penalties

(a)
A person who is found guilty of or who pleads guilty or nolo contendere to manufacture of methamphetamine, §
5-64-423
, or possession of drug paraphernalia with the purpose to manufacture methamphetamine, §
5-64-443(b)
, may be subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if the offense is committed:
(1)
In the presence of a minor, elderly person, or incompetent person who may or may not be related to the person;
(2)
With a minor, elderly person, or incompetent person in the same home or building where the methamphetamine was being manufactured or where the drug paraphernalia to manufacture methamphetamine was in use or was in preparation to be used; or
(3)
With a minor, elderly person, or incompetent person present in the same immediate area or in the same vehicle at the time of the person's arrest for the offense.
(b)
The enhanced portion of the sentence is consecutive to any other sentence imposed.
(c)
Any person sentenced under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the enhanced portion of the sentence.
(d)
As used in this section:
(1)
"Elderly person" means any person seventy (70) years of age or older;
(2)
"Incompetent person" means any person who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated; and
(3)
"Minor" means any person under eighteen (18) years of age.
Amended by Act 2023, No. 659,§ 44, eff. 1/1/2024.
Acts 1971, No. 590, Art. 4, § 7; 1972 (Ex. Sess.), No. 67, § 3; 1973, No. 186, § 4; A.S.A. 1947, § 82-2623; Acts 1995, No. 998, § 2; 2005, No. 1994, § 304[B]; 2007, No. 200, § 1; 2007, No. 1047, § 3; 2011, No. 570, § 39.
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 5-64-408 - Subsequent convictions - Enhanced penalties

(a)
Unless otherwise provided in this chapter, a person convicted of a second or subsequent offense under this chapter shall be imprisoned for a term up to two (2) times the term otherwise authorized, fined an amount up to two (2) times the fine otherwise authorized, or both.
(b)
For purposes of this section, an offense is considered a second or subsequent offense if, before his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to a narcotic drug, marijuana, depressant, stimulant, or a hallucinogenic drug.
(c)
This section does not apply to an offense under §
5-64-419
or §
5-64-441
.
Acts 1971, No. 590, Art. 4, § 8; 1973, No. 186, § 5; A.S.A. 1947, § 82-2624; 2005, No. 1994, § 304[B]; 2011, No. 570, § 40.
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 5-64-411 - Proximity to certain facilities - Enhanced penalties

(a)
A person is subject to an enhanced sentence of an additional term of imprisonment of ten (10) years if:
(1)
The person:
(A)
Possesses a controlled substance in violation of §
5-64-419
and the offense is a Class C felony or greater; or
(B)
Possesses with the purpose to deliver, delivers, manufactures, or trafficks a controlled substance in violation of §§
5-64-420
-
5-64-440
; and
(2)
The offense is committed on or within one thousand feet (1,000') of the real property of:
(A)
A city or state park;
(B)
A public or private elementary or secondary school, public vocational school, or private or public college or university;
(C)
A designated school bus stop as identified on the route list published by a public school district each year;
(D)
A skating rink, Boys and Girls Club, YMCA, YWCA, community center, recreation center, or video arcade;
(E)
A publicly funded and administered multifamily housing development;
(F)
A drug or alcohol treatment facility;
(G)
A day care center;
(H)
A church; or
(I)
A shelter as defined in §
9-4-102
.
(b)
The enhanced portion of the sentence is consecutive or concurrent to any other sentence imposed at the discretion of the court.
(c)
Any person convicted under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the enhanced portion of the sentence.
(d)
(1)
Except for property covered by subdivision (a)(2)(C) of this section, property covered by this section shall have a notice posted at the entrances to the property stating:
"THE SALE OF DRUGS UPON OR WITHIN ONE THOUSAND FEET (1000') OF THIS PROPERTY MAY SUBJECT THE SELLER OF THE DRUGS TO AN ADDITIONAL TEN (10) YEARS IMPRISONMENT IN ADDITION TO THE TERM OF IMPRISONMENT OTHERWISE PROVIDED FOR THE UNLAWFUL SALE OF DRUGS."
(2)
However, the posting of the notice is not a necessary element for the enhancement of a sentence under this section.
(e)
As used in this section, "recreation center" means a public place of entertainment consisting of various types of entertainment, including without limitation billiards or pool, ping pong or table tennis, bowling, video games, pinball machines, or any other similar type of entertainment.
Amended by Act 2023, No. 659,§ 45, eff. 1/1/2024.
Acts 1989 (3rd Ex. Sess.), No. 88, § 1; 1991, No. 864, § 1; 1995, No. 778, § 1; 1995, No. 799, § 1; 1997, No. 1056, § 1; 2001, No. 1553, § 12; 2003, No. 1707, § 1; 2005, No. 195, § 1; 2005, No. 1994, § 305[B]; 2007, No. 345, § 1; 2007, No. 827, § 62; 2007, No. 1047, § 3; 2011, No. 570, § 42.
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 5-64-412 - Violations by public officials or law enforcement officers - Enhanced penalties

(a)
As used in this section:
(1)
"Law enforcement officer" means any member of the Division of Arkansas State Police or the Arkansas Highway Police Division of the Arkansas Department of Transportation and any other certified law enforcement officer employed full time by the State of Arkansas or any political subdivision of the State of Arkansas or court personnel in Arkansas; and
(2)
"Public official" means any person holding or appointed to an elective office of state, county, or city government and any member of any board or commission of state, county, city, or local government including an improvement district or school district.
(b)
Any public official or law enforcement officer who commits a felony violation of this chapter shall have any term of imprisonment imposed for the violation enhanced by a term not to exceed ten (10) years and a fine of not less than ten thousand dollars ($10,000).
Amended by Act 2017, No. 707,§ 3, eff. 8/1/2017.
Acts 1989 (3rd Ex. Sess.), No. 80, §§ 1, 2; 2005, No. 1994, § 305[B].
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 5-64-413 - [Repealed]

Repealed by Act 2013, No. 1460,§ 2, eff. 1/1/2014.
Acts 2005, No. 1994, § 305[B]; 2011, No. 570, § 43; 2011, No. 626, § 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 4 - UNIFORM CONTROLLED SUBSTANCES ACT - PROHIBITIONS AND PENALTIES (§§ 5-64-401 — 5-64-446) › Section 5-64-414 - Controlled substance analog

(a)
(1)
"Controlled substance analog" means a substance:
(A)
The chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or Schedule II or that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II; or
(B)
With respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II.
(2)
"Controlled substance analog" does not include:
(A)
A controlled substance;
(B)
A substance for which there is an approved new drug application;
(C)
A substance with respect to which an exemption is in effect for investigational use by a particular person under § 505 of the Federal Food, Drug, and Cosmetic Act,
21 U.S.C. § 355
, to the extent conduct with respect to the substance is pursuant to the exemption; or
(D)
Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.
(b)
A controlled substance analog, to the extent intended for human consumption, is treated for the purposes of this chapter as a substance included in Schedule I.
(c)
Within ten (10) days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the prosecuting attorney shall notify the Secretary of the Department of Health of information relevant to emergency scheduling as provided for in §
5-64-201(a)
.
(d)
After final determination that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may continue or take place.
Amended by Act 2019, No. 910,§ 4844, eff. 7/1/2019.
Acts 1989 (3rd Ex. Sess.), No. 84, § 1; 2005, No. 1994, § 306.
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 5-64-417 - Penalties under other laws

Any penalty imposed for a violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
Acts 1991, No. 1145, §§ 1, 2; 2005, No. 1994, § 307.
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 5-64-418 - Foreign conviction

If a violation of this chapter is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
Acts 2001, No. 1141, § 1; 2005, No. 1994, § 307.