Title 5, Criminal Offenses

(a) A person commits the offense of unlawful dog attack if:(1) The person owns a dog that the person knows or has reason to know has a propensity to attack, cause injury, or endanger the safety of other persons without provocation;(2) The person negligently allows the dog to atta…

An owner of an animal or person in control of an animal is not guilty of either the offense of cruelty to animals, § 5-62-103, or the offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104, if the owner of the animal or the person in control of the animal was reasonab…

(a) A person commits removal of an animal's transmittal device if he or she knowingly:(1) Removes a transmittal device from a dog used in hunting or a raptor used in falconry without permission of the owner; and(2) Removes the transmittal device with the purpose to prevent or hin…

(a) In addition to the disposition of a dog or cat provided under § 5-62-106, following a complaint of cruelty to dogs or cats under this subchapter, a law enforcement officer may temporarily secure a dog or cat and transfer temporary possession of the dog or cat to an appropriat…

(a) The General Assembly finds that:(1) The caring, rearing, feeding, breeding, and sale of animals and animal products and the use of animals in research, testing, and education represent vital segments of the economy of the state;(2) Producers and others involved in the product…

(1) As used in this subchapter:(1) “Animal” means any warm or cold-blooded animal used in food or fiber production, agriculture, research, testing, or education, including poultry, fish, and insects;(2) “Animal facility” means any vehicle, building, structure, or premises, where …

(a) (1) A person commits an offense if, without the effective consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility, with the purpose to:(A) Deprive the owner …

(a) No person, firm, or corporation engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property and no trustee, director, officer, agent, or other employee of any person, firm, or corporation enga…

(a) (1) It is unlawful for any person to use a telephone for the purpose of offering any goods or services for sale, or for conveying information regarding any goods or services for the purpose of soliciting the sale or purchase of the goods or services when the use involves an a…

(a) It is unlawful for a person, in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information if the purpose is to defraud, cause harm, or wrongfully obtain anything of value. (b) …

(1) As used in this subchapter:(1) “Debt adjuster” means a person who engages in, attempts to engage in, or offers to engage in the practice or business of debt adjusting;(2) “Debt adjusting” means the:(A) Entering into or making of a contract, express or implied, with a particul…

(a) A person shall not engage in, or offer to or attempt to engage in, the business or practice of debt adjusting in this state. (b) A violation of subsection (a) of this section is a Class A misdemeanor.

(a) In an action brought in the name of the state by a prosecuting attorney within his or her district or by the Attorney General, a circuit court has jurisdiction to enjoin any person from:(1) Acting, offering to act, or attempting to act as a debt adjuster; or(2) Engaging in th…

(1) The following persons are not considered a debt adjuster for the purposes of this subchapter:(1) An attorney at law;(2) A bank, fiduciary, or financing and lending institution as authorized and admitted to transact business in this state and performing credit and financial ad…

(1) Any manufacturer, wholesaler, retailer, or other person that sells, transfers, or otherwise furnishes any of the following substances to any person in this state shall maintain accurate records of those transactions:(1) Phenylpropanolamine;(2) Methylamine;(3) Ethylamine;(4) D…

(a) Any manufacturer, wholesaler, retailer, or other person required to maintain records of transactions under this subchapter shall obtain proper identification from the purchaser. (b) “Proper identification” means a motor vehicle operator's license or other official state-issue…

A record maintained pursuant to this subchapter is subject to inspection by any law enforcement officer of this state or any employee of the Department of Health designated by the Secretary of the Department of Health to conduct an examination, investigation, or inspection under …

Failure to maintain accurate records with proper identification from the purchaser under this subchapter is a Class A misdemeanor.

(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…