Arkansas Code
Subchapter 4 - Uniform Controlled Substances Act — Prohibitions and Penalties
§ 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.

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