(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.
Structure Arkansas Code
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 64 - Controlled Substances
Subchapter 4 - Uniform Controlled Substances Act — Prohibitions and Penalties
§ 5-64-402. Controlled substances — Offenses relating to records, maintaining premises, etc
§ 5-64-403. Controlled substances — Fraudulent practices
§ 5-64-404. Use of a communication device
§ 5-64-405. Continuing criminal enterprise
§ 5-64-406. Delivery to minors — Enhanced penalties
§ 5-64-407. Manufacture of methamphetamine in the presence of certain persons — Enhanced penalties
§ 5-64-408. Subsequent convictions — Enhanced penalties
§ 5-64-411. Proximity to certain facilities — Enhanced penalties
§ 5-64-412. Violations by public officials or law enforcement officers — Enhanced penalties
§ 5-64-414. Controlled substance analog
§ 5-64-417. Penalties under other laws
§ 5-64-418. Foreign conviction
§ 5-64-419. Possession of a controlled substance
§ 5-64-420. Possession of methamphetamine or cocaine with the purpose to deliver
§ 5-64-422. Delivery of methamphetamine or cocaine
§ 5-64-423. Manufacture of methamphetamine — Manufacture of cocaine
§ 5-64-428. Possession of a Schedule III controlled substance with the purpose to deliver
§ 5-64-430. Delivery of a Schedule III controlled substance
§ 5-64-431. Manufacture of a Schedule III controlled substance
§ 5-64-434. Delivery of a Schedule IV or Schedule V controlled substance
§ 5-64-435. Manufacture of a Schedule IV or Schedule V controlled substance
§ 5-64-436. Possession of a Schedule VI controlled substance with the purpose to deliver
§ 5-64-438. Delivery of a Schedule VI controlled substance
§ 5-64-439. Manufacture of a Schedule VI controlled substance
§ 5-64-440. Trafficking a controlled substance
§ 5-64-441. Possession of a counterfeit substance
§ 5-64-443. Drug paraphernalia
§ 5-64-444. Drug paraphernalia — Delivery to a minor
§ 5-64-445. Advertisement of a counterfeit substance or drug paraphernalia