Title 20, Public Health and Welfare

(1) No person shall obtain or attempt to obtain a narcotic drug, or procure or attempt to procure the administration of a narcotic drug:(a) by fraud, deceit, misrepresentation, or subterfuge; or(b) by the forgery or alteration of a prescription or of any order; or(c) by the conce…

In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this subchapter, it shall not be necessary to negative any exception, excuse, proviso, or exemption contained in this subchapter, and the burden of proof …

It is hereby made the duty of the Secretary of the Department of Health, his or her officers, agents, inspectors, and representatives, and of all peace officers within the state, and of all prosecuting attorneys, to enforce all provisions of this subchapter, except those specific…

(1) Except as provided in subdivision (2) of this section, a person violating any provision of this subchapter commits a felony and upon conviction shall be fined not more than two thousand dollars ($2,000), and be imprisoned in the state penitentiary not less than two (2) nor mo…

No person shall be prosecuted for a violation of any provision of this subchapter if such person has been acquitted or convicted under the federal narcotic laws of the same act or omission which, it is alleged, constitutes a violation of this subchapter.

If any provision of this subchapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this e…

This subchapter shall be so interpreted and construed as to effectuate its general purpose, to make uniform the laws of those states which enact it.

All acts or parts of acts which are inconsistent with the provisions of this subchapter are repealed.

This subchapter may be cited as the “Uniform Narcotic Drug Act”.

This subchapter may be cited as the “Arkansas Drug Abuse Control Act”.

(1) As used in this subchapter, unless the context otherwise requires:(1) [Repealed.](2) “Counterfeit drug” means a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any lik…

Nothing in this subchapter shall be construed as requiring the State Board of Health to report for the institution of proceedings under this subchapter minor violations of this subchapter whenever the Secretary of the Department of Health believes that the public interest will be…

(a) (1) Any person violating any of the provisions of this subchapter commits a felony and shall, upon conviction, be fined not more than two thousand dollars ($2,000) or be imprisoned in the state penitentiary for not more than two (2) years, or be both fined and imprisoned, in …

It shall be the duty of each prosecuting attorney to whom the State Board of Health reports any violation of this subchapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.

(1) The following acts and the causing thereof within the State of Arkansas are prohibited:(1) The manufacture, compounding, or processing of a drug in violation of § 20-64-309;(2) The sale, delivery, or other disposition of a drug in violation of § 20-64-310;(3) The possession o…

(1) The following are declared to be contraband and shall be seized and forfeited without warrant by an authorized agent of the State Board of Health whenever he or she has reasonable grounds to believe they are:(1) A depressant or stimulant drug with respect to which a prohibite…

(a) (1) When an article, drug, or other thing is seized and forfeited under the provisions of § 20-64-307, the Secretary of the Department of Health or his or her authorized agent shall, within five (5) days thereafter, publish in a newspaper having a statewide circulation a noti…

(1) No person shall manufacture, compound, or process in this state any depressant or stimulant drug, except that this prohibition shall not apply to the following persons whose activities in connection with any drug are as specified in this section:(1) Manufacturers, compounders…

(1) No person shall sell, deliver, or otherwise dispose of any depressant or stimulant drug or counterfeit drug to any other person unless that person is:(1) A person described in § 20-64-309, while the person is acting in the ordinary and authorized course of his or her business…

(1) No person other than a person described in § 20-64-309 or § 20-64-310(2) shall possess any depressant or stimulant drug unless:(1) The drug was obtained upon a valid prescription and is held in the original container in which the drug was delivered; or(2) The drug was deliver…

(a) No person other than a person described in § 20-64-309(7) shall obtain or attempt to obtain a depressant or stimulant drug by:(1) Fraud, deceit, misrepresentation, or subterfuge;(2) Falsely assuming the title of or representing himself or herself to be a manufacturer, wholesa…

(a) (1) Every person engaged in manufacturing, compounding, processing, selling, delivering, or otherwise disposing of any depressant or stimulant drug shall, on and after June 30, 1967, prepare a complete and accurate record of all stocks of each drug on hand and shall keep the …

(a) (1) (A) A prescription for a depressant or stimulant drug shall not be filled or refilled more than six (6) months after the date on which the prescription was issued.(B) A prescription that is authorized to be refilled shall not be refilled more than five (5) times.(2) Howev…

Depressant or stimulant drugs exempted under section 511(f) of the Federal Food, Drug, and Cosmetic Act and such other drugs as the State Board of Health shall specify are exempted from the application of §§ 20-64-309 — 20-64-315.

(1) Any officer or employee of the Department of Health designated by the Secretary of the Department of Health to conduct examinations, investigations, or inspections under this subchapter relating to depressant or stimulant drugs or to counterfeit drugs may, when so authorized …

(a) The authority to promulgate rules for the efficient enforcement of this subchapter is vested in the State Board of Health. (b) Before the rules or amendments thereto shall become effective, the board shall publish notice two (2) times weekly for two (2) consecutive weeks in a…

(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 viol…

(1) 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,…

(1) 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 or her agent, to be sold only to a person authorized in this section to possess the drugs…

Nothing in this subchapter shall apply to the sale of chemicals or poisons for use for nonmedical purposes, or for uses as insecticides or biologics or medicine used for the cure, mitigation, or prevention of disease of animals or fowl, and uses for agricultural use which comply …

(a) This subchapter shall be construed to repeal only those provisions of the pharmacy laws of Arkansas in direct and specific conflict herewith. (b) The provisions of this subchapter shall otherwise be cumulative to the pharmacy laws of Arkansas.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Blood” means whole blood collected from a single donor and processed either for transfusion or further manufacturing;(2) “Blood component” means that part of blood separated by physical or mechanical means…

It shall be unlawful for any person to sell or offer for sale by advertisement, circular, letter, sign, oral solicitation, or any other means any prescription drug unless the person holds and possesses a permit authorizing the sale as provided by this subchapter.

(a) Every wholesale distributor who shall engage in the wholesale distribution of prescription drugs, to include without limitation, manufacturing in this state, shipping into this state, or selling or offering to sell in this state, shall register annually with the Arkansas Stat…

(a) All wholesale distributors must, before shipping to a recipient in this state any prescription drug as defined in this subchapter, ascertain that the person to whom shipment is made is either a physician licensed by the Arkansas State Medical Board, a licensed doctor of denti…

(a) The Arkansas State Board of Pharmacy shall adopt rules for the wholesale distribution of prescription drugs which promote the public health and welfare and which comply with the minimum standards, terms, and conditions of the Prescription Drug Marketing Act and federal regula…

(1) The Arkansas State Board of Pharmacy may revoke or suspend an existing license or may refuse to issue a license under this subchapter if the holder or applicant has committed or is found guilty by the board of any of the following:(1) Violation of any federal, state, or local…

(a) After notice and hearing, whenever the Arkansas State Board of Pharmacy has found a licensee to have committed any act enumerated in § 20-64-508, the board shall have the power to impose a civil penalty and may order the license to be suspended until the penalty is paid. (b) …

The procedure for notice, hearing, and appeals therefrom shall be that of the Arkansas State Board of Pharmacy set forth in § 17-92-313, and that of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

A person violating any provision of this subchapter shall be guilty of a Class A misdemeanor.

(a) (1) The Arkansas State Board of Pharmacy may conduct inspections upon all premises purporting or appearing to be used by a person licensed under this subchapter.(2) The board in its discretion may accept a satisfactory inspection by the United States Food and Drug Administrat…

The Arkansas State Board of Pharmacy may, in its discretion and in addition to various remedies provided by law under this subchapter, apply to a court having competent jurisdiction over the parties and subject matter for a writ of injunction to restrain violations of this subcha…

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall:(1) Coordinate all state and federally funded programs dealing with alcohol and drug abuse in the state;(2) Provide information to the public on the problems and needs of al…

The Secretary of the Department of Human Services shall be the single state authority and shall have primary responsibility for administering the state plan on alcohol abuse and alcoholism and the state plan on drug abuse prevention.

(a) The purpose of this subchapter is to help prevent broken homes and the loss of life, health, money, and property by creating an agency which shall coordinate the efforts of all interested and affected state and local agencies; develop educational and preventative programs; pr…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Alcoholic” means any person who chronically and habitually uses alcoholic beverages to the extent that the person has lost the power of self-control with respect to the use of such beverages, or who while …