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Subchapter 1 - Uniform Controlled Substances Act — Definitions
§ 5-64-101. Definitions - As used in this chapter: (1) “Administer” means the direct...
Subchapter 2 - Uniform Controlled Substances Act — Designation of Controlled Substances
§ 5-64-201. Secretary's duties - (a) (1) (A) (i) The Secretary of the Department of...
§ 5-64-202. Nomenclature - A controlled substance listed or to be listed in a...
§ 5-64-203. Criteria for Schedule I - The Secretary of the Department of Health shall place a...
§ 5-64-204. Substances in Schedule I - (a) In addition to any substance placed in Schedule I...
§ 5-64-205. Criteria for Schedule II - The Secretary of the Department of Health shall place a...
§ 5-64-207. Criteria for Schedule III - The Secretary of the Department of Health shall place a...
§ 5-64-209. Criteria for Schedule IV - The Secretary of the Department of Health shall place a...
§ 5-64-210. Substances in Schedule IV - Schedule IV includes any material, compound, mixture, or preparation that...
§ 5-64-211. Criteria for Schedule V - The Secretary of the Department of Health shall place a...
§ 5-64-212. Substances in Schedule V - (a) An ephedrine combination product, pseudoephedrine, and phenylpropanolamine, as defined...
§ 5-64-213. Schedule VI established - (a) There is established a Schedule VI for the classification...
§ 5-64-214. Criteria for Schedule VI - The Secretary of the Department of Health shall place a...
§ 5-64-215. Substances in Schedule VI - (a) In addition to any substance placed in Schedule VI...
§ 5-64-216. Schedule revisions - The Secretary of the Department of Health shall revise and...
Subchapter 3 - Uniform Controlled Substances Act — Regulation of Distribution
§ 5-64-305. Powers of Arkansas State Board of Pharmacy — Sale of nonnarcotic drugs - (a) (1) Nothing contained in this chapter shall affect the...
§ 5-64-306. Offenses relating to records - It is unlawful for any person to refuse or fail...
§ 5-64-307. Order forms - (a) A controlled substance in Schedule I or Schedule II...
§ 5-64-308. Prescriptions. [Effective until contingent effective date as stated in Acts 2019, No. 447, § 2] - (a) Except when dispensed directly by a practitioner, other than...
§ 5-64-308. Prescriptions — Mandatory electronic prescribing. [Effective on contingent effective date as stated in Acts 2019, No. 447, § 2] - (a) A prescription for a controlled substance included in Schedule...
Subchapter 4 - Uniform Controlled Substances Act — Prohibitions and Penalties
§ 5-64-402. Controlled substances — Offenses relating to records, maintaining premises, etc - (a) It is unlawful for any person: (1) To refuse...
§ 5-64-403. Controlled substances — Fraudulent practices - (a) It is unlawful for a person to knowingly: (1)...
§ 5-64-404. Use of a communication device - (a) (1) As used in this section, “communication device” means...
§ 5-64-405. Continuing criminal enterprise - (a) A person commits the offense of engaging in a...
§ 5-64-406. Delivery to minors — Enhanced penalties - (a) Any person eighteen (18) years of age or older...
§ 5-64-407. Manufacture of methamphetamine in the presence of certain persons — Enhanced penalties - (a) A person who is found guilty of or who...
§ 5-64-408. Subsequent convictions — Enhanced penalties - (a) Unless otherwise provided in this chapter, a person convicted...
§ 5-64-411. Proximity to certain facilities — Enhanced penalties - (a) A person is subject to an enhanced sentence of...
§ 5-64-412. Violations by public officials or law enforcement officers — Enhanced penalties - (a) As used in this section: (1) “Law enforcement officer”...
§ 5-64-414. Controlled substance analog - (a) (1) “Controlled substance analog” means a substance: (A) The...
§ 5-64-415. Drug precursors - (a) Definition. (1) “Drug precursor” means any substance, material, compound,...
§ 5-64-417. Penalties under other laws - Any penalty imposed for a violation of this chapter is...
§ 5-64-418. Foreign conviction - If a violation of this chapter is a violation of...
§ 5-64-419. Possession of a controlled substance - (a) Except as provided by this chapter, it is unlawful...
§ 5-64-420. Possession of methamphetamine or cocaine with the purpose to deliver - (a) Except as provided by this chapter, it is unlawful...
§ 5-64-422. Delivery of methamphetamine or cocaine - (a) Except as provided by this chapter, it is unlawful...
§ 5-64-423. Manufacture of methamphetamine — Manufacture of cocaine - (a) (1) Except as provided by this chapter, it is...
§ 5-64-424. Possession of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine with the purpose to deliver - (a) Except as provided in this chapter, it is unlawful...
§ 5-64-426. Delivery of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine - (a) This section does not apply to the delivery of...
§ 5-64-427. Manufacture of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine - (a) This section does not apply to the manufacture of...
§ 5-64-428. Possession of a Schedule III controlled substance with the purpose to deliver - (a) Except as provided by this chapter, it is unlawful...
§ 5-64-430. Delivery of a Schedule III controlled substance - (a) Except as provided by this chapter, it is unlawful...
§ 5-64-431. Manufacture of a Schedule III controlled substance - (a) Except as provided by this chapter, it is unlawful...
§ 5-64-432. Possession of a Schedule IV or Schedule V controlled substance with the purpose to deliver - (a) Except as provided by this chapter, it is unlawful...
§ 5-64-434. Delivery of a Schedule IV or Schedule V controlled substance - (a) Except as provided by this chapter, it is unlawful...
§ 5-64-435. Manufacture of a Schedule IV or Schedule V controlled substance - (a) Except as provided by this chapter, it is unlawful...
§ 5-64-436. Possession of a Schedule VI controlled substance with the purpose to deliver - (a) Except as provided by this chapter, it is unlawful...
§ 5-64-438. Delivery of a Schedule VI controlled substance - (a) Except as provided by this chapter, it is unlawful...
§ 5-64-439. Manufacture of a Schedule VI controlled substance - (a) Except as provided by this chapter, it is unlawful...
§ 5-64-440. Trafficking a controlled substance - (a) Except as provided by this chapter, it is unlawful...
§ 5-64-441. Possession of a counterfeit substance - (a) It is unlawful for any person to possess a...
§ 5-64-442. Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance - (a) Except as authorized by this chapter, it is unlawful...
§ 5-64-443. Drug paraphernalia - (a) A person who possesses drug paraphernalia with the purpose...
§ 5-64-444. Drug paraphernalia — Delivery to a minor - (a) A person eighteen (18) years of age or older...
§ 5-64-445. Advertisement of a counterfeit substance or drug paraphernalia - A person who places in any newspaper, magazine, handbill, or...
§ 5-64-446. Civil or criminal liability - (a) Civil or criminal liability shall not be imposed by...
Subchapter 5 - Uniform Controlled Substances Act — Enforcement and Administration
§ 5-64-501. Powers of officials generally - Any law enforcement officer, any person authorized to enforce this...
§ 5-64-502. Issuance and execution of administrative inspection warrants - (a) Issuance and execution of an administrative inspection warrant shall...
§ 5-64-503. Injunctions or restraining orders - (a) A trial court of this state may exercise jurisdiction...
§ 5-64-504. Intergovernmental cooperation — Identities of patients and research subjects - (a) (1) The Secretary of the Department of Health shall...
§ 5-64-505. Property subject to forfeiture — Procedure — Disposition of property - (a) Items Subject to Forfeiture. The following are subject to...
§ 5-64-506. Burden of proof — Liability of officers - (a) (1) It is not necessary for the state to...
§ 5-64-507. Conclusiveness of findings - (a) Any final determination, finding, or conclusion of the Secretary...
§ 5-64-508. Prevention and deterrence — Educational and research programs - (a) The Division of Aging, Adult, and Behavioral Health Services...
§ 5-64-510. Methamphetamine-contaminated motor vehicles - (a) As used in this section, “methamphetamine-contaminated motor vehicle” means...
Subchapter 7 - Provisions Relating to the Uniform Controlled Substances Act
§ 5-64-702. Promulgation of rules - (a) The Department of Health may promulgate rules necessary for...
§ 5-64-703. Authority to make inspections - In carrying out the functions under this chapter, the Secretary...
§ 5-64-704. Consent to inspection - An administrative inspection warrant is not required if informed consent...
§ 5-64-705. Authority to investigate and arrest in contiguous county - Upon receiving permission from the proper county sheriff, any law...
§ 5-64-706. Grant of immunity - (a) (1) With the approval of the circuit judge, the...
§ 5-64-707. Admissibility of drug analysis — Cross-examination - (a) In any criminal prosecution for an alleged violation of...
§ 5-64-708. Local funding for undercover work - Any municipality or county may allocate and expend funds for:...
§ 5-64-710. Denial of driving privileges for minor — Restricted permit - (a) (1) As used in this section “drug offense” means...
Subchapter 8 - Sale of Drug Devices
§ 5-64-801. Definition - (a) As used in this subchapter, “drug device” means an...
§ 5-64-802. Illegal drug paraphernalia business - (a) Any person who conducts, finances, manages, supervises, directs, or...
§ 5-64-803. Public nuisance to be abated or closed - (a) A place where a drug device is manufactured, sold,...
§ 5-64-804. Injunction - (a) The prosecuting attorney or a citizen of the county...
§ 5-64-805. Search warrant - (a) If there is complaint on oath or affirmation supported...
§ 5-64-806. Seizure and forfeiture - Any property, including money, used in violation of a provision...
Subchapter 10 - Records of Transactions
§ 5-64-1001. Recordkeeping required - Any manufacturer, wholesaler, retailer, or other person that sells, transfers,...
§ 5-64-1002. Identification of purchaser - (a) Any manufacturer, wholesaler, retailer, or other person required to...
§ 5-64-1003. Inspection of records - A record maintained pursuant to this subchapter is subject to...
§ 5-64-1004. Failure to maintain records — Penalty - Failure to maintain accurate records with proper identification from the...
§ 5-64-1005. Exemptions - The provisions of § 5-64-1001 do not apply to any...
§ 5-64-1006. Suspicious transaction reports - (a) Any pharmacy, manufacturer, wholesaler, or retail distributor that is...
Subchapter 11 - Ephedrine and Other Nonprescription Drugs
§ 5-64-1101. Possession — Penalty - (a) It is unlawful for any person to possess more...
§ 5-64-1102. Possession with purpose to manufacture — Unlawful distribution - (a) (1) It is unlawful for a person to possess...
§ 5-64-1103. Sales limits - (a) It is unlawful for any person, other than a...
§ 5-64-1104. Sales records — Entering transactions into real-time electronic logbook — Purchaser's proof of identity - (a) A pharmacy shall: (1) Maintain a written or electronic...
§ 5-64-1105. Definitions - As used in this subchapter: (1) “Ephedrine”, “pseudoephedrine”, and “phenylpropanolamine”...
§ 5-64-1106. Real-time electronic logbook - (a) (1) Subject to available funding, on or before May...
§ 5-64-1107. Confidentiality of information - (a) Information entered into the real-time electronic logbook is confidential...
§ 5-64-1108. Authorized access to the real-time electronic logbook - The Arkansas Crime Information Center shall provide access to the...
§ 5-64-1109. Promulgation of rules - The Arkansas Crime Information Center, after consulting with the Arkansas...
§ 5-64-1110. Destruction of records - The Arkansas Crime Information Center shall destroy any transaction record...
§ 5-64-1111. Liability of pharmacy or pharmacist - (a) A pharmacy in this state is not liable civilly...
§ 5-64-1112. Penalty for unauthorized disclosure and unauthorized access - (a) A person commits an offense if he or she...
§ 5-64-1113. Pharmacist-authorized drugs - (a) The Arkansas State Board of Pharmacy may adopt rules...
Subchapter 12 - Nitrous Oxide
§ 5-64-1201. Possession - (a) It is unlawful for any person to possess a...
§ 5-64-1202. Distribution - (a) It is unlawful for any person, firm, corporation, limited...
§ 5-64-1203. Exemptions - (a) A prohibitive provision in this subchapter does not apply...
Subchapter 13 - Anhydrous Ammonia
§ 5-64-1301. Possession of anhydrous ammonia in unlawful container - Any person who knowingly possesses anhydrous ammonia in a container...
§ 5-64-1302. Agricultural use as affirmative defense - It is an affirmative defense to prosecution under this subchapter...
§ 5-64-1303. Applicability of subchapter - The provisions of this subchapter do not apply to a...