Arkansas Code
Subchapter 4 - Uniform Controlled Substances Act — Prohibitions and Penalties
§ 5-64-441. Possession of a counterfeit substance

(a) It is unlawful for any person to possess a counterfeit substance unless the counterfeit substance was obtained:
(1) Directly from or pursuant to a valid prescription or an order of a practitioner while acting in the course of his or her professional practice; or
(2) As otherwise authorized by this chapter.

(b) Any person who violates this section with respect to:
(1) A Schedule I or Schedule II controlled substance upon conviction is guilty of a Class D felony;
(2) Any other controlled substance, first offense or second offense, upon conviction is guilty of a Class A misdemeanor; and
(3) Any other controlled substance, third or subsequent offense, upon conviction is guilty of a Class D felony.

(c) For purposes of subsection (b) of this section, an offense is considered a third or subsequent offense if, before his or her conviction for the offense, the person has been convicted two (2) or more times for an offense under subsection (b) of this section or under any equivalent penal statute of the United States or of any state.

Structure Arkansas Code

Arkansas Code

Title 5 - Criminal Offenses

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

§ 5-64-415. Drug precursors

§ 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

§ 5-64-424. Possession of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine with the purpose to deliver

§ 5-64-426. Delivery of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine

§ 5-64-427. Manufacture of a Schedule I or Schedule II controlled substance that is not methamphetamine or 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

§ 5-64-432. Possession of a Schedule IV or Schedule V controlled substance with the purpose to deliver

§ 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

§ 5-64-442. Possession with the purpose to deliver, delivery, or manufacture 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

§ 5-64-446. Civil or criminal liability