Title 5, Criminal Offenses

(1) The provisions of § 5-64-1001 do not apply to any of the following:(1) Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist, or veterinarian;(2) Any physician, dentist, podiatrist, or veterinari…

(a) Any pharmacy, manufacturer, wholesaler, or retail distributor that is required to keep records under this subchapter and that sells, transfers, or otherwise furnishes ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, and salts of optical iso…

(1) 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 di…

(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 pe…

(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 a purpose to manufacture methamphetamine.(2) A person who violates subdivision (a)(1) of this section upon convicti…

(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…

(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 maintai…

(1) As used in this subchapter:(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…

(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 …

(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…

(1) 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 …

(1) 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 pharm…

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.

(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 t…

(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 o…

(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…

(a) It is unlawful for any person to possess a substance listed in subsection (b) of this section:(1) With the intent to breathe, inhale, ingest, or use the substance for the purpose of:(A) Causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dullin…

(a) It is unlawful for any person, firm, corporation, limited liability company, or association to purposely sell, offer for sale, distribute, or give away a substance listed in § 5-64-1201(b) for the purpose of inducing or aiding another person to breathe, inhale, ingest, use, o…

(a) A prohibitive provision in this subchapter does not apply to the possession and use of a substance listed in § 5-64-1201(b) that is prescribed as part of the practice of dentistry or as part of the care or treatment of a disease, condition, or injury by a licensed physician o…

Any person who knowingly possesses anhydrous ammonia in a container that does not comply with the rules of the Boiler Inspection Division of the Division of Labor for the containment of anhydrous ammonia is guilty of a Class B felony.

It is an affirmative defense to prosecution under this subchapter that a chemical is possessed for the sole purpose of agricultural use.

The provisions of this subchapter do not apply to a trained chemist working in a properly equipped research laboratory in an education, government, or corporate setting.

(a) (1) (A) (i) The Secretary of the Department of Health shall administer this chapter and may add a substance to or delete or reschedule any substance enumerated in a schedule under the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.(ii) The secreta…

A controlled substance listed or to be listed in a schedule shall be included by whatever official, common, usual chemical, or trade name designated.

(1) The Secretary of the Department of Health 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…

(a) In addition to any substance placed in Schedule I by the Secretary 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…

(1) The Secretary of the Department of Health 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 wit…

(1) The Secretary of the Department of Health 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…

(1) The Secretary of the Department of Health 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 Stat…

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.

(1) The Secretary of the Department of Health 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 …

(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 Arka…

(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, commo…

(1) The Secretary 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) There is lack of accepted safety for use of the drug or other substance e…

(a) In addition to any substance placed in Schedule VI by the Secretary 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 chemica…

The Secretary of the Department of Health shall revise and republish the schedules annually.

(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 lic…

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.

(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.

(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…

(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…

(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, de…

(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 o…

(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 …

(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 le…

(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(b), may be subject to an enhanced sentence of an additional t…