Arkansas Drug Laws

§ 5-64-101
Definitions

As used in this chapter:

   (1) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by:

      (A) A practitioner; or

      (B) The patient or research subject at the direction and in the presence of the practitioner;

   (2)  (A) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.

      (B) "Agent" does not include a common or contract carrier, public warehouseman, or employee of the common or contract carrier or warehouseman;

   (3)  (A) "Anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestin, and corticosteroid that promotes muscle growth.

      (B)  (i) "Anabolic steroid" does not include an anabolic steroid that is expressly intended for administration through an implant to cattle or another nonhuman species and that has been approved by the Director of the Department of Health for such administration.

         (ii) If any person prescribes, dispenses, or distributes a steroid described in subdivision (3)(B)(i) of this section for human use, the person is considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subdivision (3);

   (4) [Repealed.]

   (5) "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through VI;

   (6)  (A) "Counterfeit substance" means a noncontrolled substance, that by overall dosage unit appearance including color, shape, size, markings, packaging, labeling, and overall appearance or upon the basis of representations made to the recipient, purports to be a controlled substance or to have the physical or psychological effect associated with a controlled substance.

      (B) In determining whether a substance is a "counterfeit substance", the following factors shall be utilized and a finding of any two (2) of these factors constitutes prima facie evidence that the substance is a "counterfeit substance":

         (i) A statement made by an owner or by anyone else in control of the substance concerning the nature of the substance, its use, or effect;

         (ii) The physical appearance of the finished product containing the noncontrolled substance is substantially the same as that of a specific controlled substance;

         (iii) The noncontrolled substance is unpackaged or is packaged in a manner normally used for the illegal delivery of a controlled substance;

         (iv) The noncontrolled substance is not labeled in accordance with 21 U.S.C. § 352 or 21 U.S.C. § 353;

         (v) The person delivering, attempting to deliver, or causing delivery of the noncontrolled substance states or represents to the recipient that the noncontrolled substance may be resold at a price that substantially exceeds the value of the substance;

         (vi) An evasive tactic or action utilized by the owner or person in control of the substance to avoid detection by a law enforcement authority; or

         (vii) A prior conviction, if any, of an owner, or anyone in control of the object under a state or federal law related to a controlled substance or fraud;

   (7) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one (1) person to another of a controlled substance or counterfeit substance in exchange for money or anything of value, whether or not there is an agency relationship;

   (8) [Repealed.]

   (9) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the controlled substance for that delivery;

   (10) "Dispenser" means a practitioner who dispenses;

   (11) "Distribute" means to deliver other than by administering or dispensing a controlled substance;

   (12) "Distributor" means a person who distributes;

   (13)  (A) "Drug" means a substance:

         (i) Recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them;

         (ii) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

         (iii) Other than food intended to affect the structure or any function of the body of humans or animals; and

         (iv) Intended for use as a component of any article specified in subdivisions (13)(A)(i), (ii), or (iii) of this section.

      (B) "Drug" does not include a device or its components, parts, or accessories;

   (14)  (A) "Drug paraphernalia" means any equipment, product, and material of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.

      (B) "Drug paraphernalia" includes, but is not limited to:

         (i) A kit used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant that is a controlled substance or from which a controlled substance can be derived;

         (ii) A kit used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;

         (iii) An isomerization device used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance;

         (iv) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance;

         (v) A scale or balance used, intended for use, or designed for use in weighing or measuring a controlled substance;

         (vi) A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose used, intended for use, or designed for use in cutting a controlled substance;

         (vii) A separation gin or sifter used, intended for use, or designed for use in removing a twig or seed from, or in otherwise cleaning or refining, marijuana;

         (viii) A blender, bowl, container, spoon, or mixing device used, intended for use, or designed for use in compounding a controlled substance;

         (ix) A capsule, balloon, envelope, or other container used, intended for use, or designed for use in packaging a small quantity of a controlled substance;

         (x) A container or other object used, intended for use, or designed for use in storing or concealing a controlled substance;

         (xi) A hypodermic syringe, needle, or other object used, intended for use, or designed for use in parenterally injecting a controlled substance into the human body; and

         (xii) An object used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, such as:

            (a) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;

            (b) A water pipe;

            (c) A carburetion tube or device;

            (d) A smoking or carburetion mask;

            (e) A roach clip, meaning an object used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;

            (f) A miniature cocaine spoon or cocaine vial;

            (g) A chamber pipe;

            (h) A carburetor pipe;

            (i) An electric pipe;

            (j) An air-driven pipe;

            (k) A chillum;

            (l) A bong;

            (m) An ice pipe or chiller; and

            (n) An aluminum foil boat.

      (C) In determining whether an object is "drug paraphernalia", a court or other authority shall consider, in addition to any other logically relevant factor, the following:

         (i) A statement by an owner or by anyone in control of the object concerning its use;

         (ii) A prior conviction, if any, of an owner or of anyone in control of the object under any state or federal law relating to any controlled substance;

         (iii) The proximity of the object in time and space to a direct violation of this chapter;

         (iv) The proximity of the object to a controlled substance;

         (v) The existence of any residue of a controlled substance on the object;

         (vi)  (a) Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to a person whom he or she knows, or should reasonably know, intends to use the object to facilitate a violation of this chapter.

            (b) The innocence of an owner or of anyone in control of the object as to a direct violation of this chapter does not prevent a finding that the object is intended for use or designed for use as "drug paraphernalia";

         (vii) An oral or written instruction provided with the object concerning its use;

         (viii) Descriptive materials accompanying the object that explain or depict its use;

         (ix) National and local advertising concerning the object's use;

         (x) The manner in which the object is displayed for sale;

         (xi) Whether the owner or anyone in control of the object is a legitimate supplier of a like or related item to the community, such as a licensed distributor or dealer of a tobacco product;

         (xii) Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise;

         (xiii) The existence and scope of legitimate uses for the object in the community; and

         (xiv) Expert testimony concerning the object's use;

   (15) "Immediate precursor" means a substance that the director has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture;

   (16)  (A) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from a substance of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

      (B) "Manufacture" includes any packaging or repackaging of a controlled substance or labeling or relabeling of a controlled substance's container.

      (C) However, "manufacture" does not include the preparation or compounding of a controlled substance by an individual for his or her own use or the preparation, compounding, packaging, or labeling of a controlled substance:

         (i) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or

         (ii) By a practitioner or by his or her authorized agent under his or her supervision for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale;

   (17)  (A) "Marijuana" means:

         (i) Any part and any variety or species, or both, of the Cannabis plant that contains THC (Tetrahydrocannabinol) whether growing or not;

         (ii) The seeds of the plant;

         (iii) The resin extracted from any part of the plant; and

         (iv) Every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.

      (B) "Marijuana" does not include:

         (i) The mature stalks of the plant;

         (ii) Fiber produced from the stalks;

         (iii) Oil or cake made from the seeds of the plant;

         (iv) Any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks except the resin extracted from the mature stalks;

         (v) Fiber, oil, or cake; or

         (vi) The sterilized seed of the plant that is incapable of germination;

   (18)  (A)  (i) "Narcotic drug" means any drug that is defined as a narcotic drug by order of the director.

         (ii) In the formulation of a definition of "narcotic drug", the director shall:

            (a) Include any drug that he or she finds is narcotic in character and by reason of being narcotic is dangerous to the public health or is promotive of addiction-forming or addiction-sustaining results upon the user that threaten harm to the public health, safety, or morals; and

            (b) Take into consideration the provisions of the federal narcotic laws as they exist from time to time and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the federal narcotic laws, so far as is possible under the standards established in this subdivision (18) and under the policy of this chapter.

         (B) "Narcotic drug" also means any of the following, whether produced directly or indirectly by extraction from a substance of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

         (i)  (a) Opium, opiates, a derivative of opium or opiates, including their isomers, esters, and ethers whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.

            (b) "Narcotic drug" does not include an isoquinoline alkaloid of opium;

         (ii) Poppy straw and concentrate of poppy straw;

         (iii) Coca leaves, except coca leaves and extracts of coca leaves from which cocaines, ecgonine, and derivatives of ecgonine or their salts have been removed;

         (iv) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

         (v) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

         (vi) Any compound, mixture, or preparation that contains any quantity of any substance referred to in subdivisions (18)(B)(i)-(v) of this section;

   (19) "Noncontrolled substance" means any liquid, substance, or material not listed in Schedules I through VI of the Schedules of Controlled Substances promulgated by the director;

   (20) "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;

   (21) "Practitioner" means:

      (A) A physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; and

      (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state;

   (22) "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance;

   (23) "State" when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America; and

   (24) "Ultimate user" means a person who lawfully possesses a controlled substance for:

      (A) The person's own use;

      (B) The use of a member of the person's household; or

      (C) Administering to an animal owned by the person or by a member of his or her household.

HISTORY: Acts 1971, No. 590, Art. 1, § 1; 1975, No. 243, § 1; 1975, No. 305, § 1; 1979, No. 898, §§ 1, 2; 1981, No. 78, § 1; 1981, No. 116, § 1; 1983, No. 787, §§ 1, 2; A.S.A. 1947, § 82-2601; Acts 1987, No. 42, § 2; 1991, No. 570, § 1; 1995, No. 1296, § 7; 2005, No. 1994, § 301; 2007, No. 199, § 1; 2007, No. 827, §§ 52-55.

§ 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.

HISTORY: Acts 1971, No. 590, Art. 2, § 2; 1973, No. 186, § 1; 1979, No. 898, § 4; A.S.A. 1947, § 82-2603.

§ 5-64-203
Criteria for Schedule I

The Director of the Division of Health of the Department of Health and Human Services 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.

HISTORY: Acts 1971, No. 590, Art. 2, § 3; 1973, No. 186, § 1; 1979, No. 898, § 5; A.S.A. 1947, § 82-2604.

§ 5-64-204
Substances in Schedule I

(a) In addition to any substance placed in Schedule I by the Director 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 Director of the Department of Health shall not delete a controlled substance listed in this section from Schedule I.

HISTORY: Acts 2011, No. 751, § 1.

§ 5-64-205
Criteria for Schedule II

 The Director of the Division of Health of the Department of Health and Human Services 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.

HISTORY: Acts 1971, No. 590, Art. 2, § 5; 1973, No. 186, § 1; 1979, No. 898, § 6; A.S.A. 1947, § 82-2606.

§ 5-64-207
Criteria for Schedule III

The Director of the Division of Health of the Department of Health and Humans Services 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.

HISTORY: Acts 1971, No. 590, Art. 2, § 7; 1973, No. 186, § 1; 1979, No. 898, § 7; A.S.A. 1947, § 82-2608.

§ 5-64-209
Criteria for Schedule IV

The Director of the Division of Health of the Department of Health and Human Services 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.

HISTORY: Acts 1971, No. 590, Art. 2, § 9; 1973, No. 186, § 1; 1979, No. 898, § 9; A.S.A. 1947, § 82-2610.

§ 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.

HISTORY: Acts 2007, No. 558, § 1; No. 585, § 1.

§ 5-64-211
Criteria for Schedule V

The Director of the Division of Health of the Department of Health and Human Services 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.

HISTORY: Acts 1971, No. 590, Art. 2, § 11; 1973, No. 186, § 1; 1979, No. 898, § 11; A.S.A. 1947, § 82-2612.

§ 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 Director 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 director may reschedule a product described in subdivision (b)(1) or (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.

HISTORY: Acts 2005, No. 256, § 2; 2011, No. 588, § 1.

§ 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.

HISTORY: Acts 1971, No. 590, Art. 2, § 13, as added by Acts 1973, No. 186, § 1; A.S.A. 1947, § 82-2614.

§ 5-64-214
Criteria for Schedule VI

The Director 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) That there is lack of accepted safety for use of the drug or other substance even under direct medical supervision;

   (3) That the substance has relatively high psychological or physiological dependence liability, or both; and

   (4) That use of the substance presents a definite risk to public health.

HISTORY: 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.

§ 5-64-215
Substances in Schedule VI

(a) In addition to any substance placed in Schedule VI by the Director of the Department of Health under § 5-64-214, 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 their salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation, is included in Schedule VI:

   (1) Marijuana;

   (2) Tetrahydrocannabinols;

   (3) A synthetic equivalent of:

      (A) The substance contained in the Cannabis plant; or

      (B) The substance contained in the resinous extractives of the genus Cannabis;

   (4) Salvia divinorum or Salvinorin A, which includes all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds of the plant, any extract from any part of the plant, and every compound, manufacture, derivative, mixture, or preparation of the plant, its seeds, or its extracts, including salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation;

   (5) Synthetic substances, derivatives, or their isomers in the chemical structural classes described below in subdivisions (a)(5)(A)-(J) of this section and also specific unclassified substances in subdivision (a)(5)(K) of this section. Compounds of the structures described in this subdivision (a)(5), regardless of numerical designation of atomic positions, are included in this subdivision (a)(5). The synthetic substances, derivatives, or their isomers included in this subdivision (a)(5) are:

      (A)  (i) Tetrahydrocannabinols, including without limitation the following:

            (a) Delta-1 cis or trans tetrahydrocannabinol, and its optical isomers;

            (b) Delta-6 cis or trans tetrahydrocannabinol, and its optical isomers; and

            (c) Delta-3.4 cis or trans tetrahydrocannabinol, and its optical isomers.

         (ii) Dronabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration is not a tetrahydrocannabinol under this subdivision (a)(5)(A);

      (B) Naphthoylindoles, or any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation the following:

         (i) JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole;

         (ii) JWH-015, or 1-Propyl-2-methyl-3-(1-naphthoyl)indole;

         (iii) JWH-018, or 1-Propyl-3-(1-naphthoyl)indole;

         (iv) JWH-019, or 1-Hexyl-3-(1-naphthoyl)indole;

         (v) JWH-073, or 1-Butyl-3-(1-naphthoyl)indole;

         (vi) JWH-081, or 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole;

         (vii) JWH-098, or 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole;

         (viii) JWH-122, or 1-Pentyl-3-(4-methyl-1-naphthoyl)indole;

         (ix) JWH-164, or 1-pentyl-3-(7-methoxy-1-naphthoyl)indole;

         (x) JWH-200, or 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole;

         (xi) JWH-210, or 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole;

         (xii) JWH-398, or 1-Pentyl-3-(4-chloro-1-naphthoyl)indole;

         (xiii) AM-2201, or 1-(5-fluoropentyl)-3-(1-naphthoyl)indole;

         (xiv) MAM2201, or (1-(5-fluoropentyl)-1H-indol-3-yl)(4-methyl-1-naphthalenyl)-methanone; and

         (xv) EAM2201, or (1-(5-fluoropentyl)-1H-indol-3-yl)(4-ethyl-1-naphthalenyl)-methanone;

      (C) Naphthylmethylindoles, or any compound structurally derived from an H-indol-3-yl-(1-naphthyl) methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation the following:

         (i) JWH-175, or 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane; and

         (ii) JWH-184, or 1-Pentyl-1H-3-yl-(4-methyl-1-naphthyl)methane;

      (D) Naphthoylpyrroles, or any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation JWH-307, or (5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone;

      (E) Naphthylmethylindenes, or any compound structurally derived from 1-(1-napthylmethyl)indene with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation JWH-176, or E-1-[1-(1-Naphthalenylmethylene)-1H-inden-3-yl]pentane;

      (F) Phenylacetylindoles, or any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including without limitation the following:

         (i) JWH-201, or 2-(4-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone;

         (ii) JWH-203, or 1-Pentyl-3-(2-chlorophenylacetyl)indole;

         (iii) JWH-250, or 1-Pentyl-3-(2-methoxyphenylacetyl)indole;

         (iv) JWH-251, or 1-Pentyl-3-(2-methylphenylacetyl)indole; and

         (v) RCS-8, or 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole;

      (G) Cyclohexylphenols, or any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent, including without limitation the following:

         (i) CP 47,497 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;

         (ii) Cannabicyclohexanol or CP 47,497 C8 homologue, or 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; and

         (iii) CP 55,940, or 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-phenol;

      (H) Benzoylindoles, or any compound structurally derived from a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including without limitation the following:

         (i) AM-694, or 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole;

         (ii) RCS-4, or 1-Pentyl-3-(4-methoxybenzoyl)indole;

         (iii) WIN-48,098 or Pravadoline, or (4-Methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-y]methanone;

         (iv) AM-2233, or 1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole; and

         (v) RCS-4 (C4 homologue) or (4-methoxyphenyl)(1-butyl-1H-indol-3-yl)-methanone;

      (I) Adamantoylindoles, or Adamantoylindazoles, including Adamantyl Carboxamide Indoles and Adamantyl Carboxamide Indazoles, or any compound structurally derived from 3-(1-adamantoyl) indole, 3-(1-adamantoyl) indazole, or 3-(2-adamantoyl)indole by substitution at a nitrogen atom of the indole or indazole ring with alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole or indazole ring to any extent and whether or not substituted in the adamantyl ring to any extent, including without limitation the following:

         (i) AM-1248, or 1-adamantyl-[1-[(1-methylpiperidin-2-yl)methyl]indol-3-yl]methanone;

         (ii) AB-001, or 1-adamantyl-(1-pentylindol-3-yl)methanone;

         (iii) 2NE1, or 1-pentyl-3-(1-adamantylamido)indole;

         (iv) JWH-018 adamantyl carboxamide, or 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indole-3-carboxamide;

         (v) AKB-48, or N-(1-adamantyl)-pentyl-1H-indazole-3-carboxamide;

         (vi) 5F-AKB-48, or N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide; and

         (vii) STS-135, or N-(1-adamantyl)-1-(5-fluoropentyl)indole-3-carboxamide;

      (J) Tetramethylcyclopropylcarbonylindoles or any compound structurally derived from 3-(2,2,3,3-tetramethylcyclopropylcarbonyl) indole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole ring to any extent, including without limitation the following:

         (i) UR-144, or (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone;

         (ii) XLR-11, or [1-(5-fluoropentyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone;

         (iii) A-796,260, or [1-(2-morpholin-4-yl-ethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone;

         (iv) 5-Chloro-UR-144, or ([-(5-chloropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone;

         (v) 5-Bromo-UR-144, or [1-(5-bromopentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone; and

         (vi) A-834,735, or 1-(tetrahydropyran-4-ylmethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone; or

      (K) Unclassified Synthetic Cannabinoids, including without limitation the following:

         (i) CP 50556-1 hydrochloride, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate;

         (ii) HU-210, or (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;

         (iii) HU-211, or Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;

         (iv) Dimethylheptylpyran or DMHP;

         (v) WIN55,212-2, or 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl-1-naphthalenylmethanone;

         (vi) URB597, or [3-(3-carbamoylphenyl)phenyl] N-cyclohexylcarbamate;

         (vii) URB754, or 6-methyl-2-[(4-methylphenyl)amino]-1-benzoxazin-4-one;

         (viii) AKB-48, or N-(1-adamantyl)-1-pentylindazole-3-carboxamide;

         (ix) CB-13, or 1-naphthalenyl[4-(pentyloxy)-1-naphthalenyl]-methanone;

         (x) URB602, or cyclohexyl N-(3-phenylphenyl)carbamate;

         (xi) PB-22, or quinolin-8-yl 1-(5-pentyl)-1H-indole-3-carboxylate;

         (xii) 5F-PB-22, or quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate;

         (xiii) BB-22, or quinolin-8-yl 1-(cyclohexylmethyl)-1H-indole-3-carboxylate;

         (xiv) NNEI (MN-24), or N-1-naphthalenyl-1-pentyl-1H-indole-3-carboxamide; and

         (xv) 5F-NNEI, or 1-(5-fluoropentyl)-N-(naphthalen-1-yl)-1H-indole-3-carboxamide; or

      (6) A synthetic substance, derivative, or its isomers with:

         (A) Similar chemical structure to any substance described in subdivisions (a)(1)-(5) of this section; or

         (B) Similar pharmacological effects to any substance described in subdivisions (a)(1)-(5) of this section.

(b) However, the director shall not delete a controlled substance listed in this section from Schedule VI.

HISTORY: Acts 1971, No. 590, Art. 2, § 15, as added by Acts 1973, No. 186, § 1; 1979, No. 898, § 22; A.S.A. 1947, § 82-2614.2; Acts 1999, No. 1534, § 1; 2001, No. 320, § 3; 2007, No. 827, § 57; 2011, No. 751, § 2; 2013, No. 329, § 1.

§ 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.

HISTORY: Acts 2005, No. 1994, § 304[A].

§ 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.

HISTORY: Acts 2005, No. 1994, § 304[B].

§ 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.

HISTORY: Acts 1971, No. 590, Art. 3, § 1; A.S.A. 1947, § 82-2615.

§ 5-64-308
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.

HISTORY: Acts 1971, No. 590, Art. 3, § 2; A.S.A. 1947, § 82-2616; Acts 2013, No. 1331, § 1.

§ 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 Club, 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.

HISTORY: 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.

§ 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) Subdivisions (a)(1), (a)(2), (a)(3), or (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), (a)(2), (a)(3), or (a)(4) of this section is a Class D felony.

HISTORY: 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; 2013, No. 1192, §§ 1, 2.

§ 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.

HISTORY: 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

§ 5-64-405
Continuing criminal enterprise

(a) A person commits the offense of engaging in a continuing criminal enterprise if he or she:

   (1) Violates any provision of this chapter that is a felony, except §§ 5-64-419 and 5-64-441; and

   (2) The violation is a part of a continuing series of two (2) or more felony offenses of this chapter, except §§ 5-64-419 and 5-64-441:

      (A) That are undertaken by that person in concert with five (5) or more other persons with respect to whom that person occupies a position of organizer, a supervisory position, or any other position of management; and

      (B) From which that person obtained substantial income or resources.

(b)  (1) A person who engages in a continuing criminal enterprise upon conviction is guilty of an unclassified felony and shall be sentenced to a term of imprisonment up to two (2) times the term otherwise authorized for the underlying offense referenced in subdivision (a)(1) of this section and shall be fined an amount up to two (2) times that authorized for the underlying offense referenced in subdivision (a)(1) of this section.

   (2) For any purpose other than disposition, engaging in a continuing criminal enterprise is a Class Y felony.

(c)  (1) A person who violates subsection (a) of this section after a previous conviction under subsection (a) of this section has become final upon conviction is guilty of an unclassified felony and shall be punished by a term of imprisonment not exceeding three (3) times that authorized for the underlying offense referenced in subdivision (a)(1) of this section and a fine not exceeding three (3) times the amount authorized for the underlying offense referenced in subdivision (a)(1) of this section.

   (2) For any purpose other than disposition, engaging in a continuing criminal enterprise is a Class Y felony.

(d)  (1) Upon conviction, the prosecuting attorney may institute a civil action against any person who violates this section to obtain a judgment against all persons who violate this section, jointly and severally, for damages in an amount equal to three (3) times the proceeds acquired by all persons involved in the enterprise or by reason of conduct in furtherance of the enterprise, together with costs incurred for resources and personnel used in the investigation and prosecution of both criminal and civil proceedings.

   (2) The standard of proof in an action brought under this section is a preponderance of the evidence.

   (3) The procedures in the asset forfeiture law, § 5-64-505, shall apply.

   (4) A defendant in a civil action brought under this subsection is entitled to a trial by jury.

(e) An offender found guilty of a violation of this section shall not:

   (1) Have his or her sentence suspended;

   (2) Be placed on probation;

   (3) Have imposition of sentence suspended;

   (4) Have the execution of the sentence deferred;

   (5) Have the sentence deferred; or

   (6) Be eligible for § 16-93-301 et seq.

HISTORY: Acts 1971, No. 590, Art. 4, § 5; A.S.A. 1947, § 82-2621; Acts 2005, No. 1994, § 305[A]; 2011, No. 570, § 37; 2013, No. 1125, § 12.

§ 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 (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.

HISTORY: Acts 1971, No. 590, Art. 4, § 6; A.S.A. 1947, § 82-2622; Acts 2005, No. 1994, § 475; 2011, No. 570, § 38.

§ 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(a)(1), 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 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.

HISTORY: 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.

§ 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.

HISTORY: 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.

§ 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 Club, 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 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.

HISTORY: 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.

§ 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 Department of Arkansas State Police or the Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department 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).

HISTORY: Acts 1989 (3rd Ex. Sess.), No. 80, §§ 1, 2; 2005, No. 1994, § 305[B].

§ 5-64-413
Probation -- Discharge and dismissal. [Repealed effective January 1, 2014.]

(a) When any person who has not previously pleaded guilty or nolo contendere or been found guilty of any offense under this chapter or under any statute of the United States or of any state relating to a controlled substance pleads guilty or nolo contendere to or is found guilty of possession of a controlled substance under § 5-64-419, the court without entering a judgment of guilt and with the consent of the defendant may defer further proceedings and place the defendant on probation for a period of not less than one (1) year under such terms and conditions as may be set by the court.

(b) The court may require as a condition for probation that the defendant undergo an evaluative examination by a physician or medical facility approved by the court and, if warranted, undergo in-patient or out-patient treatment and rehabilitation for drug abuse.

(c) Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.

(d)  (1) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her.

   (2) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for a second or subsequent conviction under § 5-64-408.

   (3) There may be only one (1) discharge and dismissal under this section with respect to any person.

   (4)  (A) A person against whom proceedings are discharged or dismissed may seek to have the criminal records sealed, consistent with the procedures established in § 16-90-901 et seq.

      (B) A person who has been placed on probation under this section for a misdemeanor offense shall have his or her record expunged under the procedures established in § 16-90-901 et seq.

HISTORY: Acts 2005, No. 1994, § 305[B]; 2011, No. 570, § 43; 2011, No. 626, § 2; 2013, No. 1460, § 2.

§ 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 Director of the Department of Health of information relevant to emergency scheduling as provided for in § 5-64-201(d).

(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.

HISTORY: Acts 1989 (3rd Ex. Sess.), No. 84, § 1; 2005, No. 1994, § 306.

§ 5-64-415
Drug precursors

(a) Definition.  (1) "Drug precursor" means any substance, material, compound, mixture, or preparation listed in rules and regulations promulgated or adopted pursuant to this section or any of their salts or isomers.

   (2) "Drug precursor" specifically excludes those substances, materials, compounds, mixtures, or preparations that:

      (A) Are prepared for dispensing pursuant to a prescription or over-the-counter distribution as a substance that is generally recognized as safe and effective within the meaning of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as amended; or

      (B) Have been manufactured, distributed, or possessed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of § 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355, as amended.

(b) Authority to control drug precursors by rule and regulation.  (1)  (A) The Department of Health shall promulgate by rule and regulation a list of drug precursors, comprised of any substance, material, compound, mixture, or preparation or any of their salts or isomers that are drug precursors.

      (B) The Department of Health may add substances to, delete substances from, and reschedule substances listed in the drug precursors list pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

   (2) In making a determination regarding a substance to be placed on the drug precursor list, the Department of Health shall consider the following:

      (A) Whether the substance is an immediate precursor of a controlled substance;

      (B) The actual or relative potential for abuse;

      (C) The scientific evidence of the substance's pharmacological effect, if known;

      (D) The state of current scientific knowledge regarding the substance or the controlled substance for which it is a precursor;

      (E) The history and current pattern of abuse of the controlled substance for which the substance is a precursor;

      (F) The scope, duration, and significance of abuse of the controlled substance for which the substance is a precursor;

      (G) The risk to the public health; and

      (H) The potential of the substance or the controlled substance to produce psychic or physiological dependence liability.

   (3) The Department of Health may consider findings of the United States Food and Drug Administration or the United States Drug Enforcement Administration as prima facie evidence relating to one (1) or more of the factors listed in subdivision (b)(2) of this section in connection with the Department of Health's determination.

   (4)  (A) After considering the factors enumerated in subdivision (b)(2) of this section, the Department of Health shall make findings with respect to the factors and shall promulgate a rule controlling a substance as a drug precursor upon a finding that the substance has a potential for abuse.

      (B) If the Department of Health designates a substance as an immediate drug precursor, a substance that is a precursor of the controlled precursor is not subject to control solely because it is a precursor of the controlled precursor.

   (5) Authority to control under this section does not extend to an alcoholic beverage, alcoholic liquor, a fermented malt beverage, or tobacco.

(c) License required -- Controlled substances drug precursors.  (1)  (A) The Department of Health may promulgate regulations and charge reasonable fees of not more than twenty-five dollars ($25.00) relating to the licensing and control of the manufacture, possession, transfer, and transportation of a drug precursor.

      (B)  (i) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, a cash fund to be known as the "Health Department Drug Precursor Cash Fund".

         (ii) The fees established under this subsection shall be collected by the Department of Health and transmitted to the Treasurer of State, who shall credit the fees to the Health Department Drug Precursor Cash Fund.

         (iii) The fund shall be administered by the Division of Pharmacy Services and Drug Control of the Department of Health.

   (2) Any person that manufactures, possesses, transfers, or transports any drug precursor or that proposes to engage in the manufacture, possession, transfer, or transportation of any drug precursor shall annually obtain a license issued by the Department of Health.

   (3) A person licensed by the Department of Health to manufacture, possess, transfer, or transport a drug precursor may manufacture, possess, transfer, or transport the drug precursor to the extent authorized by the person's license and in conformity with any other provision of law.

   (4) The following persons are not required to be licensed under this subsection and may lawfully possess a drug precursor:

      (A) A physician, dentist, pharmacist, veterinarian, or podiatrist;

      (B) An agent of any manufacturer, or wholesaler of any drug precursor if the agent is acting in the usual course of his or her principal's business or employment;

      (C) An employee of a licensed common or contract carrier or licensed warehouseman whose possession of any drug precursor is in the usual course of the licensed common or contract carrier or licensed warehouseman's business;

      (D) A student enrolled in a college chemistry class for credit if the student's use of the drug precursor is for a bona fide educational purpose and the educational institution otherwise possesses all the necessary licenses required by the Department of Health;

      (E) An officer or employee of an appropriate agency of federal, state, or local government and a law enforcement agency acting pursuant to its official duties; and

      (F) Any researcher, including an analytical laboratory, experimenting with, studying, or testing any drug analog that is licensed by the Department of Health pursuant to the requirements of this subsection.

(d) Waiver. The Department of Health may waive by regulation the requirement for licensing of certain manufacturers if the waiver is consistent with the public health and safety.

(e) Issuance of license -- Fees.  (1)  (A) The Department of Health shall license an applicant to manufacture, possess, transfer, or transport a drug precursor unless it determines that the issuance of the license would be inconsistent with the public interest.

      (B) In determining the public interest, the Department of Health shall consider the following factors:

         (i) Maintenance of effective controls against diversion of a drug precursor other than a legitimate medical, scientific, or industrial channel;

         (ii) Compliance with applicable state and local law;

         (iii) Any conviction of the applicant under federal or state law relating to any controlled substance or drug precursor;

         (iv) Past experience in the manufacture, possession, transfer, or transportation of a drug precursor and the existence in the applicant's establishment of effective controls against diversion;

         (v) Furnishing by the applicant of false or fraudulent material in any application filed under subsection (c) of this section;

         (vi) Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense a controlled substance or drug precursor authorized by federal law; and

         (vii) Any other factor relevant to and consistent with the public health and safety.

   (2) Licensing under this section does not entitle a licensee to manufacture, possess, transfer, or transport a drug precursor other than a drug precursor allowed in the license.

(f) Denial, revocation, or suspension of license.  (1) The Department of Health may deny, revoke, or suspend a license issued pursuant to subsection (c) of this section for any of the following reasons:

      (A) If a licensee is convicted of, or has accepted by a court a plea of guilty or nolo contendere to a felony under any state or federal law relating to a controlled substance or a drug precursor;

      (B)  (i) If a licensee has its federal registration to manufacture, conduct research on, distribute, or dispense a controlled substance or a drug precursor suspended or revoked.

         (ii) The Department of Health may limit revocation or suspension of a license to the particular controlled substance or drug precursor that was the basis for revocation or suspension; or

      (C) If a licensee commits an unlawful act as enumerated in subsection (g) of this section.

   (2)  (A)  (i) When the Department of Health suspends or revokes a license, any controlled substance or drug precursor owned or possessed by the licensee at the time of the suspension or on the effective date of the revocation order may be placed under seal.

         (ii) No disposition may be made of a controlled substance or drug precursor under seal until the time for making an appeal has elapsed or until all appeals have been concluded unless a court orders otherwise or orders the sale of any perishable controlled substance or drug precursor and the deposit of the proceeds with the court.

      (B) Upon a revocation order becoming final:

         (i) Any controlled substance and any drug precursor may be forfeited to the Department of Health;

         (ii) Any expense of disposing of a forfeited controlled substance or drug precursor shall be borne by the licensee;

         (iii) The court may order the licensee to pay a reasonable sum of money to the Department of Health to cover the expenses of disposition; and

         (iv) The Department of Health may seek enforcement of the order of payment, or reimbursement for any expenses through any lawful means.

(g) Unlawful acts -- Licenses -- Penalties.  (1) It is unlawful to:

      (A) Knowingly transfer a drug precursor except to an authorized licensee;

      (B) Knowingly use in the course of the manufacture or transfer of a drug precursor a license number which is fictitious, revoked, suspended, or issued to another person;

      (C) Knowingly acquire or obtain, or attempt to acquire or obtain, possession of a drug precursor by misrepresentation, fraud, forgery, deception, or subterfuge;

      (D) Knowingly furnish false or fraudulent material information in, or omitting any material information from, any application, report, or other document required to be kept or filed under this section or any record required to be kept by this section;

      (E) Have knowledge of the manufacture of a drug precursor not authorized by a licensee's license, or have knowledge of the transfer of a drug precursor not authorized by the licensee's license to another licensee or authorized person;

      (F) Refuse entry into any premises for any inspection authorized by this section; or

      (G) Manufacture, possess, transfer, or transport a drug precursor without the appropriate license or in violation of any rule or regulation of the Department of Health.

   (2) Any person who violates a provision of this subsection is guilty of a Class D felony.

(h) Records to be kept -- Order forms.  (1) A manufacturer, wholesaler, retailer, or other person that sells, transfers, or otherwise furnishes any drug precursor to a person shall make an accurate and legible record of the transaction and maintain the record for a period of at least two (2) years after the date of the transaction.

   (2) Before selling, transferring, or otherwise furnishing to a person in this state a precursor substance subject to subdivision (h)(1) of this section, a manufacturer, wholesaler, retailer, or other person shall:

      (A) If the receipient does not represent a business, obtain from the recipient:

         (i) The recipient's driver's license number or other personal identification certificate number, date of birth, and residential or mailing address, other than a post office box number, from a driver's license or personal identification card issued by the Department of Finance and Administration that contains a photograph of the recipient;

         (ii) The year, state, and number of the motor vehicle license of the motor vehicle owned or operated by the recipient;

         (iii) A complete description of how the substance is to be used; and

         (iv) The recipient's signature;

      (B) If the recipient represents a business, obtain from the recipient:

         (i) A letter of authorization from the business that includes the business license or comptroller tax identification number, address, area code, and telephone number, and a complete description of how the substance is to be used; and

         (ii) The recipient's signature; and

      (C) For any recipient, sign as a witness to the signature and identification of the recipient.

   (3)  (A) Except as otherwise provided in this section, a manufacturer, wholesaler, retailer, or other person that sells, transfers, or otherwise furnishes to a person in this state a drug precursor shall submit to the Department of Health, at least twenty-one (21) days before the delivery of the drug precursor, a report of the transaction on a form obtained from the Department of Health that includes the information required by subdivisions (h)(2)(A) or (B) of this section.

      (B) A copy of this report shall be transmitted to the Department of Arkansas State Police.

(i) Reports of theft, loss, shipping discrepancies, and other transactions.  (1) The theft or loss of any drug precursor discovered by any person regulated by this section shall be reported to the Department of Health and the Department of Arkansas State Police within three (3) days after the discovery.

   (2)  (A) Any difference between the quantity of any drug precursor received and the quantity shipped shall be reported to the Department of Health within three (3) days after the receipt of actual knowledge of the discrepancy.

      (B) When applicable, any report made pursuant to this subsection shall also include the name of any common carrier or person that transported the substance and the date of shipment of the substance.

   (3) Any manufacturer, wholesaler, retailer, or other person subject to any other reporting requirement in this section that receives from a source outside of this state any drug precursor specified in rules and regulations promulgated pursuant to this section shall submit a report of the transaction to the Department of Health in accordance with rules adopted by the Department of Health.

   (4) Any person violating any provision of this subsection is guilty of a Class A misdemeanor.

   (5) The Department of Health may authorize a manufacturer, wholesaler, retailer, or other person to submit a comprehensive monthly report instead of the report required by subdivision (i)(2)(A) of this section if the Director of the Department of Health determines that:

      (A) There is a pattern of regular supply and purchase of the drug precursor between the furnisher and the recipient; or

      (B) The recipient has established a record of utilization of the drug precursor solely for a lawful purpose.

(j) Investigations and inspections.  (1) The Department of Arkansas State Police specifically may investigate any violation of a provision of this section, and enforce its provisions.

   (2) Further, the Department of Arkansas State Police and the Department of Health shall exchange information gathered or received by either agency under the provisions of this section.

   (3) Any record kept by a licensee pursuant to this section is open to inspection by an authorized investigator of the Department of Arkansas State Police or the Department of Health during normal business hours and at any other reasonable time.

(k) In addition to rules and regulations authorized by a provision of this section, the Department of Health may promulgate necessary rules and regulations to carry out the provisions of this section.

HISTORY: Acts 1991, No. 954, §§ 1, 3, 4; 2007, No. 827, §§ 63, 64.

§ 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.

§ 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.

HISTORY: Acts 2001, No. 1141, § 1; 2005, No. 1994, § 307.

§ 5-64-419
Possession of a controlled substance

(a) Except as provided by this chapter, it is unlawful for a person to possess a controlled substance.

(b) A person who violates this section with respect to:

   (1) A Schedule I or Schedule II controlled substance that is methamphetamine or cocaine with an aggregate weight, including an adulterant or diluent, of:

      (A) Less than two grams (2g) upon conviction is guilty of a Class D felony;

      (B) Two grams (2g) or more but less than ten grams (10g) upon conviction is guilty of a Class C felony; or

      (C) Ten grams (10g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;

   (2) A Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine with an aggregate weight, including an adulterant or diluent, of:

      (A) Less than two grams (2g) upon conviction is guilty of a Class D felony;

      (B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class C felony; or

      (C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;

   (3) A Schedule III controlled substance with an aggregate weight, including an adulterant or diluent, of:

      (A)  (i) Less than two grams (2g) upon conviction is guilty of a Class A misdemeanor.

         (ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c), upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(3)(A)(i) of this section;

      (B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class D felony;

      (C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class C felony; or

      (D) Two hundred grams (200g) or more but less than four hundred grams (400g) upon conviction is guilty of a Class B felony;

   (4) A Schedule IV or Schedule V controlled substance with an aggregate weight, including an adulterant or diluent, of:

      (A)  (i) Less than twenty-eight grams (28g) upon conviction is guilty of a Class A misdemeanor.

         (ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c), upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(4)(A)(i) of this section;

      (B) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class D felony;

      (C) Two hundred grams (200g) or more but less than four hundred grams (400g) upon conviction is guilty of a Class C felony; or

      (D) Four hundred grams (400g) or more but less than eight hundred grams (800g) upon conviction is guilty of a Class B felony; or

   (5) A Schedule VI controlled substance with an aggregate weight, including an adulterant or diluent, of:

      (A) Less than four ounces (4 oz.) upon conviction is guilty of a Class A misdemeanor;

      (B) One ounce (1 oz.) or more but less than four ounces (4 oz.) and the person has four (4) previous convictions under this section or the former § 5-64-401(c) upon conviction is guilty of a Class D felony;

      (C) Four ounces (4 oz.) or more but less than ten pounds (10 lbs.) upon conviction is guilty of a Class D felony;

      (D) Ten pounds (10 lbs.) or more but less than twenty-five pounds (25 lbs.) upon conviction is guilty of a Class C felony;

      (E) Twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) upon conviction is guilty of a Class B felony; or

      (F) One hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) upon conviction is guilty of a Class A felony.

(c) If a person possesses a controlled substance in violation of this section while the person is an inmate in a state criminal detention facility, county criminal detention facility, city criminal detention facility, or juvenile detention facility, the penalty for the offense is increased to the next higher classification as prescribed by law for the offense.

HISTORY: Acts 2011, No. 570, § 44; 2013, No. 529, § 1.

§ 5-64-420
Possession of methamphetamine or cocaine with the purpose to deliver

(a) Except as provided by this chapter, it is unlawful if a person possesses methamphetamine or cocaine with the purpose to deliver the methamphetamine or cocaine. Purpose to deliver may be shown by any of the following factors:

   (1) The person possesses the means to weigh, separate, or package methamphetamine or cocaine; or

   (2) The person possesses a record indicating a drug-related transaction; or

   (3) The methamphetamine or cocaine is separated and packaged in a manner to facilitate delivery; or

   (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of methamphetamine or cocaine; or

   (5) The person possesses at least two (2) other controlled substances in any amount; or

   (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver methamphetamine or cocaine.

(b) A person who violates this section upon conviction is guilty of a:

   (1) Class C felony if the person possessed less than two grams (2g) of methamphetamine or cocaine by aggregate weight, including an adulterant or diluent;

   (2) Class B felony if the person possessed two grams (2g) or more but less than ten grams (10g) of methamphetamine or cocaine by aggregate weight, including an adulterant or diluent; or

   (3) Class A felony if the person possessed ten grams (10g) or more but less than two hundred grams (200g) of methamphetamine or cocaine by aggregate weight, including an adulterant or diluent.

HISTORY: Acts 2011, No. 570, § 45.

§ 5-64-422
Delivery of methamphetamine or cocaine

(a) Except as provided by this chapter, it is unlawful for a person to deliver methamphetamine or cocaine.

(b)  (1) A person who delivers less than two grams (2g) by aggregate weight, including an adulterant or diluent, of methamphetamine or cocaine upon conviction is guilty of a Class C felony.

   (2) A person who delivers two grams (2g) or more but less than ten grams (10g) by aggregate weight, including an adulterant or diluent, of methamphetamine or cocaine upon conviction is guilty of a Class B felony.

   (3) A person who delivers ten grams (10g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of methamphetamine or cocaine upon conviction is guilty of a Class Y felony.

HISTORY: Acts 2011, No. 570, § 46.

§ 5-64-423
Manufacture of methamphetamine -- Manufacture of cocaine

(a)  (1) Except as provided by this chapter, it is unlawful for a person to manufacture methamphetamine.

   (2)  (A) A person who manufactures methamphetamine in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony.

      (B)  (i) A person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony.

         (ii)  (a) However, a person who manufactures methamphetamine in an amount of two grams (2g) or more by aggregate weight, including an adulterant or diluents, upon conviction is guilty of a Class A felony if the person shows by a preponderance of the evidence that he or she manufactured the methamphetamine for personal use only.

            (b) Factors indicative of personal use may include without limitation the:

               (1) Person did not make a delivery of methamphetamine;

               (2) Quantity of methamphetamine manufactured by the person; or

               (3) Method of manufacturing methamphetamine used by the person.

   (3) A person who has one (1) or more prior convictions of manufacturing methamphetamine in any amount under this section or the former § 5-64-401 upon conviction is guilty of a Class Y felony.

(b)  (1) Except as provided by this chapter, it is unlawful for a person to manufacture cocaine.

   (2)  (A) A person who manufactures cocaine in an amount less than two grams (2g) by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class C felony.

      (B) A person who manufactures cocaine in an amount of two grams (2g) or more but less than ten grams (10g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class B felony.

      (C) A person who manufactures cocaine in an amount of ten grams (10g) or more but less than two hundred grams (200g), by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class Y felony.

HISTORY: Acts 2011, No. 570, § 47.

§ 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 if a person possesses a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine with the purpose to deliver the Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine. Purpose to deliver may be shown by any of the following factors:

   (1) The person possesses the means to weigh, separate, or package a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine; or

   (2) The person possesses a record indicating a drug-related transaction; or

   (3) The Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine is separated and packaged in a manner to facilitate delivery; or

   (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine; or

   (5) The person possesses at least two (2) other controlled substances in any amount; or

   (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine.

(b) A person who violates this section upon conviction is guilty of a:

   (1) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine;

   (2) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent:

      (A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, cocaine, or a controlled substance listed in this subdivision (b)(2);

      (B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride; or

      (C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD); or

      (D) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or II depressant or hallucinogenic drug; or

      (E) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or II stimulant drug; or

   (3) Class A felony if the person possessed by aggregate weight, including an adulterant or diluent:

      (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, cocaine, or a controlled substance listed in this subdivision (b)(3); or

      (B) One hundred twenty-eight milligrams (128mg) or more or one hundred sixty (160) dosage units or more but less than two hundred grams (200g) of hydromorphone hydrochloride; or

      (C) One thousand six hundred micrograms (1,600u) or more or one hundred sixty (160) dosage units or more but less than two hundred grams (200g) of lysergic acid diethylamide (LSD); or

      (D) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or

      (E) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug.

(c) It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine and that is listed in this section.

HISTORY: Acts 2011, No. 570, § 48.

§ 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 methamphetamine or cocaine, which is governed by § 5-64-422.

(b) Except as provided in this chapter, it is unlawful for a person to deliver a Schedule I or Schedule II controlled substance.

(c) A person who violates this section upon conviction is guilty of a:

   (1) Class C felony if the person delivered by aggregate weight, including an adulterant or diluent, less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine;

   (2) Class B felony if the person delivered by aggregate weight, including an adulterant or diluent:

      (A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, cocaine, or a controlled substance listed in this subdivision (c)(2);

      (B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride;

      (C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD);

      (D) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or

      (E) Eighty (80) or more but less than one hundred sixty (160) dosage units but not more than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug; or

   (3) Class A felony if the person delivered by aggregate weight, including an adulterant or diluent:

      (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, cocaine, or a controlled substance listed in this subdivision (c)(3); or

      (B) One hundred sixty (160) dosage units or more but less than two hundred grams (200g) of hydromorphone hydrochloride; or

      (C) One hundred sixty (160) dosage units or more but less than two hundred grams (200g) of lysergic acid diethylamide (LSD); or

      (D) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II depressant or hallucinogenic drug; or

      (E) One hundred sixty (160) dosage units or more regardless of weight but less than two hundred grams (200g) for any other Schedule I or Schedule II stimulant drug.

HISTORY: Acts 2011, No. 570, § 49.

§ 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 methamphetamine or cocaine, which is governed by § 5-64-423.

(b) Except as provided by this chapter, it is unlawful for a person to manufacture a Schedule I or Schedule II controlled substance.

(c) A person who violates this section upon conviction is guilty of a:

   (1) Class C felony if the person manufactured by aggregate weight, including an adulterant or diluent, less than two grams (2g) of a Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine;

   (2) Class B felony if the person manufactured by aggregate weight, including an adulterant or diluent:

      (A) Two grams (2g) or more but less than twenty-eight grams (28g) of a Schedule I or Schedule II controlled substance that is not methamphetamine, cocaine, or a controlled substance listed in this subdivision (c)(2);

      (B) Eighty (80) or more but less than one hundred sixty (160) dosage units of hydromorphone hydrochloride;

      (C) Eighty (80) or more but less than one hundred sixty (160) dosage units of lysergic acid diethylamide (LSD);

      (D) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule I or Schedule II depressant or hallucinogenic drug regardless of weight; or

      (E) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule I or Schedule II stimulant drug regardless of weight; or

   (3) Class A felony if the person manufactured by aggregate weight, including an adulterant or diluent:

      (A) Twenty-eight grams (28g) or more of a Schedule I or Schedule II controlled substance that is not methamphetamine, cocaine, or a controlled substance listed in this subdivision (c)(3); or

      (B) One hundred sixty (160) dosage units or more of hydromorphone hydrochloride; or

      (C) One hundred sixty (160) or more dosage units of lysergic acid diethylamide (LSD); or

      (D) One hundred sixty (160) dosage units or more regardless of weight for any other Schedule I or II depressant or hallucinogenic drug; or

      (E) One hundred sixty (160) dosage units or more regardless of weight for any other Schedule I or II stimulant drug.

HISTORY: Acts 2011, No. 570, § 50.

§ 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 if a person possesses a Schedule III controlled substance with the purpose to deliver the Schedule III controlled substance. Purpose to deliver may be shown by any of the following factors:

   (1) The person possesses the means to weigh, separate, or package a Schedule III controlled substance; or

   (2) The person possesses a record indicating a drug-related transaction; or

   (3) The Schedule III controlled substance is separated and packaged in a manner to facilitate delivery; or

   (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule III controlled substance; or

   (5) The person possesses at least two (2) other controlled substances in any amount; or

   (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule III controlled substance.

(b) A person who violates this section upon conviction is guilty of a:

   (1) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent:

      (A) Less than twenty-eight grams (28g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(1);

      (B) Less than eighty (80) dosage units for any other Schedule III depressant or hallucinogenic drug; or

      (C) Less than eighty (80) dosage units for any other Schedule III stimulant drug;

   (2) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent:

      (A) Twenty-eight grams (28g) or more but less than two hundred grams (200g) of a Schedule III controlled substance that is not a controlled substance listed in this subdivision (b)(2);

      (B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III depressant or hallucinogenic drug; or

      (C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule III stimulant drug; or

   (3) Class A felony if the person possessed by aggregate weight, including an adulterant or diluent:

      (A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule III controlled substance not a controlled substance listed in this subdivision (b)(3);

      (B) One hundred sixty (160) dosage units or more for any other Schedule III depressant or hallucinogenic drug; or

      (C) One hundred sixty (160) dosage units or more for any other Schedule III stimulant drug.

(c) It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule III controlled substance that is listed in this section.

HISTORY: Acts 2011, No. 570, § 51; 2013, No. 529, § 2.

§ 5-64-430
Delivery of a Schedule III controlled substance

(a) Except as provided by this chapter, it is unlawful for a person to deliver a Schedule III controlled substance.

(b)  (1) A person who delivers less than twenty-eight grams (28g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class C felony.

   (2) A person who delivers twenty-eight grams (28g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class B felony.

   (3) A person who delivers two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class A felony.

HISTORY: Acts 2011, No. 570, § 52.

§ 5-64-431
Manufacture of a Schedule III controlled substance

(a) Except as provided by this chapter, it is unlawful for a person to manufacture a Schedule III controlled substance.

(b)  (1) A person who manufactures less than twenty-eight grams (28g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class C felony.

   (2) A person who manufactures twenty-eight grams (28g) or more but less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class B felony.

   (3) A person who manufactures two hundred grams (200g) or more by aggregate weight, including an adulterant or diluent, of a Schedule III controlled substance upon conviction is guilty of a Class A felony.

HISTORY: Acts 2011, No. 570, § 53.

§ 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 if a person possesses a Schedule IV or Schedule V controlled substance with the purpose to deliver the Schedule IV or Schedule V controlled substance. Purpose to deliver may be shown by any of the following factors:

   (1) The person possesses the means to weigh and separate a Schedule IV or Schedule V controlled substance; or

   (2) The person possesses a record indicating a drug-related transaction; or

   (3) The Schedule IV or Schedule V controlled substance is separated and packaged in a manner to facilitate delivery; or

   (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule IV or Schedule V controlled substance; or

   (5) The person possesses at least two (2) other controlled substances in any amount; or

   (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule IV or V controlled substance.

(b) A person who violates this section upon conviction is guilty of a:

   (1) Class D felony if the person possessed by aggregate weight, including an adulterant or diluent:

      (A) Less than two hundred grams (200g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(1);

      (B) Less than eighty (80) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or

      (C) Less than eighty (80) dosage units for any other Schedule IV or Schedule V stimulant drug;

   (2) Class C felony if the person possessed by aggregate weight, including an adulterant or diluent:

      (A) Two hundred grams (200g) or more but less than four hundred grams (400g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(2);

      (B) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or

      (C) Eighty (80) or more but less than one hundred sixty (160) dosage units for any other Schedule IV or Schedule V stimulant drug; or

   (3) Class B felony if the person possessed by aggregate weight, including an adulterant or diluent:

      (A) Four hundred grams (400g) or more but less than eight hundred grams (800g) of a Schedule IV or Schedule V controlled substance that is not a controlled substance listed in this subdivision (b)(3);

      (B) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V depressant or hallucinogenic drug; or

      (C) One hundred sixty (160) dosage units or more but less than eight hundred grams (800g) for any other Schedule IV or Schedule V stimulant drug.

(c) It is a defense to a prosecution under this section that the person possessed less than the minimum listed amount of a Schedule IV or Schedule V controlled substance that is listed in this section.

HISTORY: Acts 2011, No. 570, § 54; 2013, No. 529, § 3.

§ 5-64-434
Delivery of a Schedule IV or Schedule V controlled substance

(a) Except as provided by this chapter, it is unlawful for a person to deliver a Schedule IV or Schedule V controlled substance.

(b)  (1) A person who delivers less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class D felony.

   (2) A person who delivers two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class C felony.

   (3) A person who delivers four hundred grams (400g) or more but less than eight hundred grams (800g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class B felony.

HISTORY: Acts 2011, No. 570, § 55.

§ 5-64-435
Manufacture of a Schedule IV or Schedule V controlled substance

(a) Except as provided by this chapter, it is unlawful for a person to manufacture a Schedule IV or Schedule V controlled substance.

(b)  (1) A person who manufactures less than two hundred grams (200g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class D felony.

   (2) A person who manufactures two hundred grams (200g) or more but less than four hundred grams (400g) by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class C felony.

   (3) A person who manufactures four hundred grams (400g) or more by aggregate weight, including an adulterant or diluent, of a Schedule IV or Schedule V controlled substance upon conviction is guilty of a Class B felony.

HISTORY: Acts 2011, No. 570, § 56.

§ 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 if a person possesses a Schedule VI controlled substance with the purpose to deliver the Schedule VI controlled substance. Purpose to deliver may be shown by any of the following factors:

   (1) The person possesses the means to weigh and separate a Schedule VI controlled substance; or

   (2) The person possesses a record indicating a drug-related transaction; or

   (3) The Schedule VI controlled substance is separated and packaged in a manner to facilitate delivery; or

   (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the Schedule VI controlled substance; or

   (5) The person possesses at least two (2) other controlled substances in any amount; or

   (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a Schedule VI controlled substance.

(b) A person who violates this section upon conviction is guilty of a:

   (1) Class A misdemeanor if the person possessed by aggregate weight, including an adulterant or diluent, fourteen grams (14g) or less of a Schedule VI controlled substance;

   (2) Class D felony if the person possessed more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance;

   (3) Class C felony if the person possessed four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance;

   (4) Class B felony if the person possessed twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance; or

   (5) Class A felony if the person possessed one hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance.

HISTORY: Acts 2011, No. 570, § 57.

§ 5-64-438
Delivery of a Schedule VI controlled substance

(a) Except as provided by this chapter, it is unlawful for a person to deliver a Schedule VI controlled substance.

(b)  (1) A person who delivers fourteen grams (14g) or less by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a:

      (A) Class A misdemeanor; or

      (B) Class D felony if he or she has four (4) or more prior convictions for delivery of a controlled substance in any amount under this subchapter or under the former § 5-64-401.

   (2) A person who delivers more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class D felony.

   (3) A person who delivers four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class C felony.

   (4) A person who delivers twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class B felony.

   (5) A person who delivers one hundred pounds (100 lbs.) or more but less than five hundred pounds (500 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class A felony.

HISTORY: Acts 2011, No. 570, § 58; 2013, No. 530, § 1.

§ 5-64-439
Manufacture of a Schedule VI controlled substance

(a) Except as provided by this chapter, it is unlawful for a person to manufacture a Schedule VI controlled substance.

(b)  (1) A person who manufactures fourteen grams (14g) or less by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance is guilty of a Class A misdemeanor.

   (2) A person who manufactures more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance is guilty of a Class D felony.

   (3) A person who manufactures four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class C felony.

   (4) A person who manufactures twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class B felony.

   (5) A person who manufactures one hundred pounds (100 lbs.) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class A felony.

HISTORY: Acts 2011, No. 570, § 59.

§ 5-64-440
Trafficking a controlled substance

(a) Except as provided by this chapter, it is unlawful for a person to engage in trafficking a controlled substance.

(b) A person engages in trafficking a controlled substance if he or she possesses, possesses with the purpose to deliver, delivers, or manufactures a controlled substance by aggregate weight, including an adulterant or diluent, in the following amounts:

   (1) Methamphetamine or cocaine, two hundred grams (200g) or more;

   (2) Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine, two hundred grams (200g) or more;

   (3) Schedule III controlled substance, four hundred grams (400g) or more;

   (4) Schedule IV or Schedule V controlled substance, eight hundred grams (800g) or more; or

   (5) A Schedule VI controlled substance, five hundred pounds (500 lbs.) or more.

(c) Trafficking a controlled substance is a Class Y felony.

HISTORY: Acts 2011, No. 570, § 60; 2013, No. 529, § 4.

§ 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.

HISTORY: Acts 2011, No. 570, § 61; 2013, No. 1125, § 13.

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 for any person to possess with the purpose to deliver, deliver, or manufacture a counterfeit substance. Purpose to deliver may be shown by any of the following factors:

   (1) The person possesses the means to weigh, separate, or package a counterfeit substance;

   (2) The person possesses a record indicating a drug-related transaction;

   (3) The counterfeit substance is separated and packaged in a manner to facilitate delivery;

   (4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the counterfeit substance;

   (5) The person possesses at least two (2) other controlled substances or counterfeit substances in any amount; or

   (6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a counterfeit substance.

(b) Any person who violates this section with respect to:

   (1) A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony;

   (2) A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or

   (3) A counterfeit substance purporting to be a Schedule IV, Schedule V, or Schedule VI controlled substance or that is not classified as a scheduled controlled substance upon conviction is guilty of a Class A misdemeanor.

HISTORY: Acts 2011, No. 570, § 62; 2013, No. 529, § 5; 2013, No. 1125, § 14.

§ 5-64-443
Drug paraphernalia

(a) A person who possesses drug paraphernalia with the purpose to use the drug paraphernalia to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter upon conviction is guilty of:

   (1) A Class A misdemeanor; or

   (2) A Class D felony if the controlled substance is methamphetamine or cocaine.

(b) A person who uses or possesses with the purpose to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance that is methamphetamine or cocaine upon conviction is guilty of a Class B felony.

(c) A person who uses or possesses with the purpose to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance that is not methamphetamine or cocaine upon conviction is guilty of a Class D felony.

HISTORY: Acts 2011, No. 570, § 63.

§ 5-64-444
Drug paraphernalia -- Delivery to a minor

(a) A person eighteen (18) years of age or older who violates § 5-64-443 by delivering drug paraphernalia in the course of and in furtherance of a felony violation of this chapter to a person under eighteen (18) years of age who is at least three (3) years younger than the person upon conviction is guilty of a Class B felony.

(b) Otherwise, a person eighteen (18) years of age or older who violates § 5-64-443 by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years younger than the person upon conviction is guilty of a Class A misdemeanor.

HISTORY: Acts 2011, No. 570, § 64.

§ 5-64-445
Advertisement of a counterfeit substance or drug paraphernalia

A person who places in any newspaper, magazine, handbill, or other publication any advertisement knowing, or under circumstances in which a person reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of a counterfeit substance or of an object designed or intended for use as drug paraphernalia upon conviction is guilty of a Class C felony.

HISTORY: Acts 2011, No. 570, § 65.

§ 5-64-446
Civil or criminal liability

(a) Civil or criminal liability shall not be imposed by this chapter on any practitioner who manufactures, distributes, or possesses a counterfeit substance for use by a practitioner in the course of professional practice or research or for use as a placebo by a practitioner in the course of professional practice or research.

(b)  (1) A person who violates §§ 5-64-419 -- 5-64-442 is liable for the cost of the cleanup of the site where the person:

      (A) Manufactured a controlled substance; or

      (B) Possessed drug paraphernalia or a chemical for the purpose of manufacturing a controlled substance.

   (2) The person shall make restitution to the state or local agency responsible for the cleanup for the cost of the cleanup under § 5-4-205.

HISTORY: Acts 2011, No. 570, § 66.

§ 5-64-801
Definition

(a) As used in this subchapter, "drug device" means an object usable for smoking marijuana, for smoking a controlled substance defined as a tetrahydrocannabinol, or for ingesting or inhaling cocaine, and includes, but is not limited to:

   (1) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;

   (2) A water pipe;

   (3) A carburetion tube or device;

   (4) A smoking or carburetion mask;

   (5) A roach clip, meaning an object used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

   (6) A chamber pipe;

   (7) A carburetor pipe;

   (8) An electric pipe;

   (9) An air-driven pipe;

   (10) A chillum;

   (11) A bong;

   (12) An ice pipe or chiller; and

   (13) A miniature cocaine spoon or a cocaine vial.

(b) In any prosecution under this subchapter, the question of whether an object is a drug device is a question of fact.

HISTORY: Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.

§ 5-64-802
Illegal drug paraphernalia business

(a) Any person who conducts, finances, manages, supervises, directs, or owns any part of an illegal drug paraphernalia business is guilty of a:

   (1) Class A misdemeanor for the first offense;

   (2) Class D felony for the second offense; and

   (3) Class C felony for third and subsequent offenses.

(b) A person violates subsection (a) of this section if he or she:

   (1) Conducts, finances, manages, supervises, directs, or owns any part of a business that, in the regular course of business or as a continuing course of conduct, manufactures, sells, stores, possesses, gives away, or furnishes an object designed to be primarily useful as a drug device; and

   (2) Knows or has reason to know that the design of the object renders it primarily useful as a drug device.

HISTORY: Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.

§ 5-64-803
Public nuisance to be abated or closed

(a) A place where a drug device is manufactured, sold, stored, possessed, given away, or furnished in violation of this subchapter is deemed a common or public nuisance.

(b) A conveyance or vehicle of any kind is deemed a "place" within the meaning of subsection (a) of this section and may be proceeded against under the provisions of § 5-64-804.

(c) A person who maintains, or aids or abets, or knowingly associates with another in maintaining a common or public nuisance under subsection (a) of this section is in violation of this subchapter, and judgment shall be given that the common or public nuisance be abated or closed as a place for the manufacture, sale, storage, possession, giving away, or furnishing of a drug device.

HISTORY: Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644; Acts 2007, No. 827, § 67.

§ 5-64-804
Injunction

(a) The prosecuting attorney or a citizen of the county or municipality where a common or public nuisance, as defined in § 5-64-803, is located may maintain a suit in the name of the state to abate and perpetually enjoin the common or public nuisance.

(b) A circuit court has jurisdiction over the suit.

(c) An injunction may be granted at the commencement of the suit and no bond is be required if the action for injunction is brought by the prosecuting attorney.

(d) If the suit for injunction is brought or maintained by a citizen of the county or municipality where the commmon or public nuisance is alleged to be located, then the circuit court may require a bond as in any other case of injunction.

(e) On the finding that the material allegations of the complaint are true, the circuit court or judge of the circuit court in vacation shall order the injunction for such period of time as the circuit court or judge may think proper, with the right to dissolve the injunction upon the application of the owner of the place if a proper case is shown for the dissolution.

(f) The continuance of the injunction as provided in this section may be ordered, although the place complained of may not at the time of hearing be unlawfully used.

HISTORY: Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.

§ 5-64-805
Search warrant

(a) If there is complaint on oath or affirmation supported by affidavit setting forth the facts for a belief that a drug device is being manufactured, sold, kept, stored, or in any manner held, used, or concealed in a particular house or other place with intent to engage in illegal drug paraphernalia business in violation of law, a circuit court or the judge of the circuit court in vacation to whom the complaint is made, if satisfied that there is probable cause for the belief, shall issue a warrant to search the house or other place for the drug device.

(b) Except as otherwise provided in this section, a warrant issued under subsection (a) of this section shall be issued, directed, and executed in accordance with the laws of Arkansas pertaining to search warrants.

(c) A warrant issued under this section for the search of any automobile, boat, conveyance, or vehicle, or for the search of any trunk, grip, or other article of baggage, for a drug device may be executed in any part of the state where the same are overtaken and shall be made returnable before any circuit court or the judge of the circuit court in vacation, within whose jurisdiction the automobile, boat, conveyance, vehicle, trunk, grip, or other article of baggage, or any of them, were transported or attempted to be transported.

(d) If it is necessary, an officer charged with the execution of a warrant issued under this section may break open and enter a house or other place described in this section.

HISTORY: Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.

§ 5-64-806
Seizure and forfeiture

Any property, including money, used in violation of a provision of this subchapter may be seized and forfeited to the state.

HISTORY: Acts 1981, No. 946, § 1; A.S.A. 1947, § 82-2644.

§ 5-64-1101
Possession -- Penalty

(a) It is unlawful for any person to possess more than five grams (5g) of ephedrine or nine grams (9g) of pseudoephedrine or phenylpropanolamine, or their salts, optical isomers, and salts of optical isomers, alone or in a mixture, except:

   (1) Any pharmacist or other authorized person who sells or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers, upon the prescription of a physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority, or as authorized pursuant to § 5-64-1103;

   (2) A product exempted under § 5-64-1103(b)(1) and (2), without a prescription, pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., or regulations adopted under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., if the person possesses a sales and use tax permit issued by the Department of Finance and Administration;

   (3) Any physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority who administers or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers to his or her patient; or

   (4)  (A) Any manufacturer, wholesaler, or distributor licensed by the Arkansas State Board of Pharmacy that meets one (1) of the requirements in subdivision (a)(4)(B) of this section and sells, transfers, or otherwise furnishes ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers to:

         (i) A licensed pharmacy, physician, dentist, podiatrist, veterinarian, or other healthcare professional with prescriptive authority; or

         (ii) Any person who possesses a sales and use tax permit issued by the department.

      (B)  (i) The manufacturer, wholesaler, or distributor shall hold or store the substance in a facility that meets the packaging requirements of § 5-64-1005(4)(A)-(C).

         (ii) The manufacturer, wholesaler, or distributor shall sell, transfer, or otherwise furnish only to a healthcare professional identified in subdivisions (a)(1) and (3) of this section.

(b) Possession of more than five grams (5g) of ephedrine or more than nine grams (9g) of pseudoephedrine or phenylpropanolamine, or their salts, optical isomers, and salts of optical isomers constitutes prima facie evidence of the intent to manufacture methamphetamine or another controlled substance in violation of this subchapter unless the person qualifies for an exemption listed in subsection (a) of this section.

(c) Any person who violates a provision of this section is guilty of a Class D felony.

HISTORY: Acts 1997, No. 565, § 1; 2001, No. 1209, § 3; No. 1782, § 1; 2003, No. 867, § 2; 2005, No. 256, § 5.

§ 5-64-1102
Possession with purpose to manufacture -- Unlawful distribution

(a)  (1) It is unlawful for a person to possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, or salts of optical isomers with purpose to manufacture methamphetamine.

   (2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a:

      (A) Class D felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing ten grams (10g) or less of methamphetamine; or

      (B) Class B felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing more than ten grams (10g) of methamphetamine.

(b)  (1) It is unlawful for a person to possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, or salts of optical isomers in a quantity capable of producing twenty-eight grams (28g) or more of a Schedule I or Schedule II controlled substance that is a narcotic drug or methamphetamine with purpose to manufacture methamphetamine.

   (2) A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class B felony.

(c)  (1) It is unlawful for a person to sell, transfer, distribute, or dispense any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers if the person:

      (A) Knows that the purchaser will use the product as a precursor to manufacture methamphetamine or another controlled substance; or

      (B) Sells, transfers, distributes, or dispenses the product with reckless disregard as to how the product will be used.

   (2) A person who violates subdivision (c)(1) of this section upon conviction is guilty of a Class D felony.

HISTORY: Acts 1997, No. 565, § 2; 2001, No. 1209, § 4; 2011, No. 570, § 69.

§ 5-64-1103
Sales limits

(a) It is unlawful for any person, other than a person or entity described in § 5-64-1101(a)(3) and (4), to knowingly sell, transfer, or otherwise furnish in a single transaction a product containing ephedrine, pseudoephedrine, or phenylpropanolamine except in a licensed pharmacy by a licensed pharmacist or a registered pharmacy technician.

(b) Unless the product has been rescheduled pursuant to § 5-64-212(c), this section does not apply to a retail distributor sale for personal use of a product:

   (1) That the Department of Health, in collaboration with the Arkansas State Board of Pharmacy, upon application of a manufacturer, exempts by rule from this section because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors; or

   (2) Containing ephedrine or pseudoephedrine in liquid, liquid capsule, or liquid gel capsule form if the drug is dispensed, sold, transferred, or otherwise furnished in a single transaction limited to no more than three (3) packages, with any single package containing not more than ninety-six (96) liquid capsules or liquid gel capsules or not more than three grams (3g) of ephedrine or pseudoephedrine base.

(c)  (1)  (A) Except under a valid prescription, before dispensing a product containing ephedrine, pseudoephedrine, or phenylpropanolamine that is not exempt under subdivision (b)(1) or (b)(2) of this section, a pharmacist shall make a professional determination based on a pharmacist-patient relationship as to whether or not there is a legitimate medical and pharmaceutical need for the product containing ephedrine, pseudoephedrine, or phenylpropanolamine.

      (B) The determination under subdivision (c)(1)(A) of this section may be based on factors including without limitation:

         (i) Prior medication-filling history;

         (ii) Patient screening; and

         (iii) Other tools that provide professional reassurance to the pharmacist that a legitimate medical and pharmaceutical need exists.

   (2) The Arkansas State Board of Pharmacy may:

      (A) Adopt rules regarding determinations made under subdivision (c)(1) of this section;

      (B) Review determinations made under subdivision (c)(1) of this section; and

      (C) Take appropriate disciplinary action as required.

(d) Except under a valid prescription, it is unlawful for a licensed pharmacist to dispense or a registered pharmacy technician to knowingly sell, transfer, or otherwise furnish in a single transaction:

   (1) More than three (3) packages of one (1) or more products that contain ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers;

   (2) Any single package of any product that contains ephedrine, pseudoephedrine, or phenylpropanolamine, that contains more than ninety-six (96) pills, tablets, gelcaps, capsules, or other individual units or more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller;

   (3) Any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, unless:

      (A) The product is sold in a package size of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base and is packaged in a blister pack, each blister containing not more than two (2) dosage units;

      (B) When the use of a blister pack is technically infeasible, that is packaged in a unit dose packet or pouch; or

      (C) In the case of a liquid, the drug is sold in a package size of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base; or

   (4)  (A) Any product containing ephedrine, pseudoephedrine, or phenylpropanolamine to any person under eighteen (18) years of age, unless the person is purchasing an exempt product under subdivision (b)(1) or (2) of this section.

      (B) The person making the sale shall require proof of age from the purchaser.

(e)  (1)  (A) A person who violates subsections (a) or (d) of this section for a first or second offense upon conviction is guilty of a Class A misdemeanor and also may be subject to a civil fine not to exceed five thousand dollars ($5,000).

      (B) A person who violates subsections (a) or (d) of this section for a third offense upon conviction is guilty of a Class D felony and also may be subject to a civil fine not to exceed five thousand dollars ($5,000).

      (C) A person who violates subsections (a) or (d) of this section for a fourth or subsequent offense upon conviction is guilty of a Class C felony and also may be subject to a civil fine not to exceed ten thousand dollars ($10,000).

   (2) A plea of guilty or nolo contendere to or a finding of guilt under a penal law of the United States or another state that is equivalent to subsections (a) or (d) of this section is considered a previous offense for purposes of this subsection.

   (3)  (A) The prosecuting attorney may waive any civil penalty under this section if a person establishes that he or she acted in good faith to prevent a violation of this section, and the violation occurred despite the exercise of due diligence.

      (B) In making this determination, the prosecuting attorney may consider evidence that an employer trained employees how to sell, transfer, or otherwise furnish substances specified in this subchapter in accordance with applicable laws.

(f)  (1)  (A) It is unlawful for any person, other than a person or entity described in § 5-64-1101(a), to knowingly purchase, acquire, or otherwise receive in a single transaction:

         (i) More than three (3) packages of one (1) or more products that the person knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers; or

         (ii) Any single package of any product that the person knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, that contains more than ninety-six (96) pills, tablets, gelcaps, capsules, or other individual units or more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, or a combination of any of these substances, whichever is smaller.

      (B) It is unlawful for any person, other than a person or entity described in § 5-64-1101(a), to knowingly purchase, acquire, or otherwise receive more than five grams (5g) of ephedrine or nine grams (9g) of pseudoephedrine or phenylpropanolamine within any thirty-day period.

   (2)  (A) A person who violates subdivisions (f)(1)(A) or (B) of this section for a first or second offense upon conviction is guilty of a Class A misdemeanor.

      (B) A person who violates subdivisions (f)(1)(A) or (B) of this section for a third offense upon conviction is guilty of a Class D felony.

      (C) A person who violates subdivisions (f)(1)(A) or (B) of this section for a fourth or subsequent offense upon conviction is guilty of a Class C felony.

   (3) A plea of guilty or nolo contendere to or a finding of guilt under a penal law of the United States or another state that is equivalent to subdivisions (f)(1)(A) or (B) of this section is considered a previous offense for the purposes of this subsection.

(g) [Repealed.]

(h) Nothing in this section prohibits a person under eighteen (18) years of age from possessing and selling a product described in subsections (a) and (b) of this section as an agent of the minor's employer acting within the scope of the minor's employment.

HISTORY: Acts 2001, No. 1209, § 5; 2003, No. 277, §§ 1, 2; 2005, No. 256, § 6; 2007, No. 508, § 2; 2007, No. 827, §§ 68, 70; 2009, No. 712, §§ 1, 2; 2011, No. 588, §§ 2, 3; 2013, No. 1125, § 15.

§ 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 log or receipts of transactions involving the sale of ephedrine, pseudoephedrine, or phenylpropanolamine; and

   (2)  Enter any transaction required to be maintained by this section into the real-time electronic logbook maintained by the Arkansas Crime Information Center under § 5-64-1106.

(b) A person purchasing, receiving, or otherwise acquiring ephedrine, pseudoephedrine, or phenylpropanolamine shall:

   (1) Produce current and valid proof of identity; and

   (2) Sign a written log or an electronic log or a receipt that documents the date of the transaction, the name of the person, and the quantity of ephedrine, pseudoephedrine, or phenylypropanolamine purchased, received, or otherwise acquired.

(c)  The requirements of subsection (a) of this section and subdivision (b)(2) of this section are satisfied by entering the information required to be produced into the real-time electronic logbook maintained by the Arkansas Crime Information Center under § 5-64-1106.

HISTORY: Acts 2007, No. 508, § 2; 2007, No. 827, § 69.

§ 5-64-1105
Definitions

(1) "Ephedrine", "pseudoephedrine", and "phenylpropanolamine" means any product containing ephedrine, pseudoephedrine, or phenylpropanolamine or any of their salts, isomers, or salts of isomers, alone or in a mixture;

   (2) "Proof of age" and "proof of identity" mean:

      (A) A driver's license or identification card issued by the Department of Finance and Administration that contains a photograph of the person, the person's date of birth, and a functioning magnetic stripe or bar code; or

      (B) An identification card issued by the United States Department of Defense to active duty military personnel that contains a photograph of the person and the person's date of birth;

   (3)  (A) "Retail distributor" means a grocery store, general merchandise store, drugstore, convenience store, or other related entity, the activities of which, as a distributor of ephedrine, pseudoephedrine, or phenylpropanolamine products, are limited exclusively to the sale for personal use of ephedrine, pseudoephedrine, or phenylpropanolamine products, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales.

      (B) "Retail distributor" includes any person or entity that makes a direct sale or has knowledge of the direct sale.

      (C) "Retail distributor" does not include:

         (i) Any manager, supervisor, or owner not present and not otherwise aware of the direct sale; or

         (ii) The parent company of a grocery store, general merchandise store, drugstore, convenience store, or other related entity if the parent company is not involved in direct sales regulated by this subchapter; and

   (4) "Sale for personal use" means the sale in a single transaction to an individual customer for a legitimate medical use of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine in a quantity at or below that specified in § 5-64-1103, and includes the sale of those products to an employer to be dispensed to employees from a first-aid kit or medicine chest.

HISTORY: Acts 2007, No. 827, § 71; 2011, No. 588, § 4; 2013, No. 176, § 1.

§ 5-64-1106
Real-time electronic logbook

(a)  (1) Subject to available funding, on or before May 15, 2008, the Arkansas Crime Information Center shall provide pharmacies in this state access to a real-time electronic logbook for the purpose of entering into the real-time electronic logbook any transaction required to be reported by § 5-64-1104.

   (2) The real-time electronic logbook shall have the capability to calculate both state and federal ephedrine, pseudoephedrine, or phenylpropanolamine purchase limitations.

(b) The center may contract with a private vendor to implement this section.

(c) The center shall not charge a pharmacy any fee:

   (1) To support the establishment or maintenance of the real-time electronic logbook; or

   (2) For any computer software required to be installed as part of the real-time electronic logbook.

HISTORY: Acts 2007, No. 508, § 3.

§ 5-64-1107
Confidentiality of information

(a) Information entered into the real-time electronic logbook is confidential and is not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.

(b) Except as authorized under § 5-64-1108 or otherwise by law, the Arkansas Crime Information Center shall not disclose any information entered, collected, recorded, transmitted, or maintained in the real-time electronic logbook.

HISTORY: Acts 2007, No. 508, § 3.

§ 5-64-1108
Authorized access to the real-time electronic logbook

The Arkansas Crime Information Center shall provide access to the real-time electronic logbook to the following:

   (1) Any person authorized to prescribe or dispense products containing ephedrine, pseudoephedrine, or phenylpropanolamine for the purpose of providing medical care or pharmaceutical care;

   (2) A local, state, or federal law enforcement official or a local, state, or federal prosecutor;

   (3) A local, state, or federal official who requests access for the purpose of facilitating a product recall necessary for the protection of the public health and safety; and

   (4) The Arkansas State Board of Pharmacy for the purpose of investigating a suspicious transaction, as allowed under § 5-64-1006.

HISTORY: Acts 2007, No. 508, § 3.

§ 5-64-1109
Promulgation of rules

The Arkansas Crime Information Center, after consulting with the Arkansas State Board of Pharmacy, shall promulgate rules necessary to:

   (1) Implement the provisions of §§ 5-64-1104(a)(2) and 5-64-1106 -- 5-64-1112;

   (2) Ensure that the real-time electronic logbook enables a pharmacy to monitor the sales of ephedrine, pseudoephedrine, or phenylpropanolamine occurring at that pharmacy;

   (3) Allow a pharmacy to determine whether it will access information concerning sales of ephedrine, pseudoephedrine, or phenylpropanolamine made at other pharmacies in this state; and

   (4) Ensure that the real-time electronic logbook does not allow access to a competitor's pricing information for ephedrine, pseudoephedrine, and phenylpropanalomine.

HISTORY: Acts 2007, No. 508, § 3.

§ 5-64-1110
Destruction of records

The Arkansas Crime Information Center shall destroy any transaction record maintained in the real-time electronic logbook within two (2) years from the date of its entry unless the transaction record is being used in an ongoing criminal investigation or criminal proceeding.

HISTORY: Acts 2007, No. 508, § 3.

§ 5-64-1111
Liability of pharmacy or pharmacist

(a) A pharmacy in this state is not liable civilly for a sale of ephedrine, pseudoephedrine, or phenylpropanolamine that occurs at another pharmacy in this state.

(b) A pharmacy or pharmacist is not civilly liable for a determination made under § 5-64-1103(c) or for any refusal to dispense, sell, transfer, or otherwise furnish ephedrine, pseudoephedrine, or phenylpropanolamine based on a determination of age or identity.

HISTORY: Acts 2007, No. 508, § 3; 2011, No. 588, § 5.

§ 5-64-1112
Penalty for unauthorized disclosure and unauthorized access

(a) A person commits an offense if he or she knowingly:

   (1) Releases or discloses to any unauthorized person any confidential information collected and maintained under § 5-64-1107 or § 5-64-1108; or

   (2) Obtains confidential information for a purpose not authorized by § 5-64-1107 or § 5-64-1108.

(b) A violation of subsection (a) of this section is a Class A misdemeanor.

HISTORY: Acts 2007, No. 508, §, 3.

§ 5-64-1113
Pharmacist-authorized drugs

(a) The Arkansas State Board of Pharmacy may adopt rules creating and adding to a list of additional nonprescription drugs that are subject to the same restrictions as are imposed for ephedrine, pseudoephedrine, or phenylpropanolamine under §§ 5-64-1103(c), 5-64-1103(d)(4), and 5-64-1104.

(b) A pharmacy or a pharmacist has the same immunity from civil liability with regard to actions regarding non-prescription drugs under subsection (a) of this section as is provided under § 5-64-1111 for actions concerning ephedrine, pseudoephedrine, or phenylpropanolamine.

HISTORY: Acts 2011, No. 588, § 6; 2013, No. 1125, § 16.

§ 20-64-101
Use and possession of narcotic drugs by certain institutions and druggists

It shall be lawful for eleemosynary institutions, sanatoriums, hospitals, and wholesale druggists having licensed pharmacists in their employ to possess, use, compound, and sell narcotic drugs pursuant to the Federal Narcotic Act and the rules and regulations thereto appertaining.

HISTORY: Acts 1923, No. 596, § 1; Pope's Dig., § 4623; A.S.A. 1947, § 82-1024.

§ 20-64-102
Narcotic drugs in safe, locked receptacle

(a) Any apothecary who is authorized to posses narcotic drugs as defined by the Uniform Narcotic Drug Act, § 20-64-201 et seq., shall keep the narcotic drugs in a safe, or other receptacle equipped with a lock, sufficient to secure the narcotic drugs against theft.

(b) Any person who violates this section shall be punished as provided by § 20-64-220.

HISTORY: Acts 1961, No. 419, §§ 1, 2; A.S.A. 1947, §§ 82-1025, 82-1026.

§ 20-64-104
Service of search warrant

A search warrant relating to offenses involving drugs regulated under the Uniform Narcotic Drug Act, § 20-64-201 et seq., and the Arkansas Drug Abuse Control Act, § 20-64-301 et seq., may be served at any time of the day or night if the judge of the municipal or circuit court issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at that time.

HISTORY: Acts 1971, No. 265, § 1; A.S.A. 1947, § 82-1068.

§ 20-64-401
Penalties-- Hallucinogenic Drugs

(a) Any person violating any provision of this subchapter shall be guilty of a felony and upon conviction shall be subject to imprisonment in the state penitentiary for a term of not less than three (3) years nor more than five (5) years.

(b) For the second or any subsequent violation of this subchapter, the person shall be subject to imprisonment in the state penitentiary for a term of not less than five (5) years or more than ten (10) years.

HISTORY: Acts 1967, No. 111, § 3; A.S.A. 1947, § 82-2112.

§ 20-64-402
Use, possession, sale, etc., prohibited -- Generally

It shall be unlawful for any person, except as provided in this subchapter, to use, possess, have in one's possession, sell, exchange, give or attempt to give to another, barter, or otherwise dispose of:

   (1) Lysergic acid;

   (2) LSD, which is d-lysergic acid diethylamide;

   (3) DMT, which is N-N-dimethyltryptamine;

   (4) Any compound, mixture, or preparation which is physiologically similar to any drug listed in subdivisions (1), (2), and (3) of this section in its effect on the central nervous system; or

   (5) Any salt or derivative of any drug listed in subdivisions (1), (2), and (3) of this section.

HISTORY: Acts 1967, No. 111, § 1; A.S.A. 1947, § 82-2110.

§ 20-64-403
Use, possession, sale, etc., prohibited -- Exceptions

The drugs enumerated in § 20-64-402 may lawfully be possessed by:

   (1) A manufacturer licensed by the United States Food and Drug Administration to produce and distribute the drugs, or his agent, to be sold only to a person authorized in this section to possess the drugs or transport in interstate commerce. Each shipment must bear the identifying number assigned by the United States Food and Drug Administration;

   (2) A licensed pharmacy, to be dispensed only to a licensed physician or research scientist qualified under subdivision (3) or (4) of this section.

      (A) However, every pharmacy which receives or dispenses the drug shall keep a record showing the date, amount, and source of drugs received, the date of dispensing, the name and address of the person to whom dispensed, and the kind and quantity of drugs.

      (B) The record shall be kept for a period of three (3) years from the date of the transaction recorded and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer;

   (3) A licensed physician, provided that every physician who receives or administers the drug shall keep a record showing the date, amount, and source of drugs received, the date of administration, the name and address of the person to whom administered, and the kind and quantity of drugs.

      (A) Every record shall be kept for a period of three (3) years from the date of administration and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.

      (B) Any physician who administers any drug listed in § 20-64-402 to any human being shall keep the patient under his personal supervision and care until the effect of the drug has entirely ceased;

   (4) A licensed psychologist or a member of the faculty of a college or university in this state who is qualified by scientific training and experience to investigate the safety and effectiveness of the drugs, to be used only for research and not to be administered to any human being except under the supervision of a physician as provided in subdivision (3) of this section.

      (A) Any psychologist or research scientist who uses the drug shall keep a record showing the date, amount, and source of drugs received and the disposition and use of all drugs.

      (B) Every record shall be kept for a period of three (3) years from date of use and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.

HISTORY: Acts 1967, No. 111, § 2; A.S.A. 1947, § 82-2111.