Title 5 — Criminal Offenses
54 chapters · 1,112 sections in this title.
Ark. Code Ann. § 5-64-1103 Sales limits
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(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…
Ark. Code Ann. § 5-64-1104 Sales records — Entering transactions into real-time electronic logbook — Purchaser's proof of identity
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(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…
Ark. Code Ann. § 5-64-1105 Definitions
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(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…
Ark. Code Ann. § 5-64-1106 Real-time electronic logbook
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(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 …
Ark. Code Ann. § 5-64-1107 Confidentiality of information
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(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…
Ark. Code Ann. § 5-64-1108 Authorized access to the real-time electronic logbook
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(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 …
Ark. Code Ann. § 5-64-1109 Promulgation of rules
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(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…
Ark. Code Ann. § 5-64-1110 Destruction of records
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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.
Ark. Code Ann. § 5-64-1111 Liability of pharmacy or pharmacist
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(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…
Ark. Code Ann. § 5-64-1112 Penalty for unauthorized disclosure and unauthorized access
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(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…
Ark. Code Ann. § 5-64-1113 Pharmacist-authorized drugs
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(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…
Ark. Code Ann. § 5-64-1201 Possession
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(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…
Ark. Code Ann. § 5-64-1202 Distribution
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(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…
Ark. Code Ann. § 5-64-1203 Exemptions
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(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…
Ark. Code Ann. § 5-64-1301 Possession of anhydrous ammonia in unlawful container
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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.
Ark. Code Ann. § 5-64-1302 Agricultural use as affirmative defense
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It is an affirmative defense to prosecution under this subchapter that a chemical is possessed for the sole purpose of agricultural use.
Ark. Code Ann. § 5-64-1303 Applicability of subchapter
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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.
Ark. Code Ann. § 5-64-201 Secretary's duties
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(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…
Ark. Code Ann. § 5-64-202 Nomenclature
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A controlled substance listed or to be listed in a schedule shall be included by whatever official, common, usual chemical, or trade name designated.
Ark. Code Ann. § 5-64-203 Criteria for Schedule I
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(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…
Ark. Code Ann. § 5-64-204 Substances in Schedule I
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(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…
Ark. Code Ann. § 5-64-205 Criteria for Schedule II
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(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…
Ark. Code Ann. § 5-64-206 [Reserved.]
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A.C.A. § 5-64-206Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 5-64-207 Criteria for Schedule III
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(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…
Ark. Code Ann. § 5-64-208 [Reserved.]
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A.C.A. § 5-64-208Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 5-64-209 Criteria for Schedule IV
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(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…
Ark. Code Ann. § 5-64-210 Substances in Schedule IV
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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.
Ark. Code Ann. § 5-64-211 Criteria for Schedule V
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(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 …
Ark. Code Ann. § 5-64-212 Substances in Schedule V
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(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…
Ark. Code Ann. § 5-64-213 Schedule VI established
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(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…
Ark. Code Ann. § 5-64-214 Criteria for Schedule VI
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(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…
Ark. Code Ann. § 5-64-215 Substances in Schedule VI. [Effective until contingency in Acts 2025, No. 934, § 23, is met.]
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(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…
Ark. Code Ann. § 5-64-216 Schedule revisions
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The Secretary of the Department of Health shall revise and republish the schedules annually.
Ark. Code Ann. § 5-64-305 Powers of Arkansas State Board of Pharmacy — Sale of nonnarcotic drugs
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(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…
Ark. Code Ann. § 5-64-306 Offenses relating to records
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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.
Ark. Code Ann. § 5-64-307 Order forms
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(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.
Ark. Code Ann. § 5-64-308 Prescriptions. [Effective until contingent effective date as stated in Acts 2019, No. 447, § 2]
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(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…
Ark. Code Ann. § 5-64-401 [Repealed.]
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A.C.A. § 5-64-401Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 5-64-402 Controlled substances — Offenses relating to records, maintaining premises, etc
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(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…
Ark. Code Ann. § 5-64-403 Controlled substances — Fraudulent practices
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(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…
Ark. Code Ann. § 5-64-404 Use of a communication device
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(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…
Ark. Code Ann. § 5-64-405 Continuing criminal enterprise
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(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 …
Ark. Code Ann. § 5-64-406 Delivery to minors — Enhanced penalties
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(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…
Ark. Code Ann. § 5-64-407 Manufacture of methamphetamine in the presence of certain persons — Enhanced penalties
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(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…
Ark. Code Ann. § 5-64-408 Subsequent convictions — Enhanced penalties
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(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)…
Ark. Code Ann. § 5-64-409 [Repealed.]
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A.C.A. § 5-64-409Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 5-64-410 [Repealed.]
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A.C.A. § 5-64-410Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 5-64-411 Proximity to certain facilities — Enhanced penalties
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(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, d…
Ark. Code Ann. § 5-64-412 Violations by public officials or law enforcement officers — Enhanced penalties
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(a) As used in this section:(1) “Law enforcement officer” means any member of the Division of Arkansas State Police or the Arkansas Highway Police Division of the Arkansas Department of Transportation and any other certified law enforcement officer employed full time by the State…
Ark. Code Ann. § 5-64-413 [Repealed.]
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A.C.A. § 5-64-413Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved