Title 5 — Criminal Offenses

54 chapters · 1,112 sections in this title.

1,112 sectionsFiltered byTitle 5

Ark. Code Ann. § 5-64-414 Controlled substance analog
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(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 nervo…
Ark. Code Ann. § 5-64-415 Drug precursors
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(a) Definition. (1) “Drug precursor” means any substance, material, compound, mixture, or preparation listed in rules promulgated or adopted pursuant to this section or any of their salts or isomers.(2) “Drug precursor” specifically excludes those substances, materials, compounds…
Ark. Code Ann. § 5-64-416 [Repealed.]
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A.C.A. § 5-64-416Current 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. § 5-64-417 Penalties under other laws
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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.
Ark. Code Ann. § 5-64-418 Foreign conviction
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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.
Ark. Code Ann. § 5-64-419 Possession of a controlled substance
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(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, heroin, or cocaine with an aggregate weight,…
Ark. Code Ann. § 5-64-420 Possession of methamphetamine, heroin, or cocaine with the purpose to deliver
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(a) Except as provided by this chapter, it is unlawful if a person possesses methamphetamine, heroin, or cocaine with the purpose to deliver the methamphetamine, heroin, or cocaine. Purpose to deliver may be shown by any of the following factors:(1) The person possesses the means…
Ark. Code Ann. § 5-64-421 Possession of fentanyl — Possession of fentanyl with the purpose to deliver — Delivery of fentanyl — Manufacture of fentanyl — Predatory marketing of fentanyl to minors
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(a) (1) Except as provided by this chapter, it is unlawful for a person to possess fentanyl.(2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a Class C felony. (1) Except as provided by this chapter, it is unlawful for a person to possess f…
Ark. Code Ann. § 5-64-422 Delivery of methamphetamine, heroin, or cocaine
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(a) Except as provided by this chapter, it is unlawful for a person to deliver methamphetamine, heroin, or cocaine. (b) (1) A person who delivers less than two grams (2g) by aggregate weight, including an adulterant or diluent, of methamphetamine, heroin, or cocaine upon convicti…
Ark. Code Ann. § 5-64-423 Manufacture of methamphetamine, heroin, or cocaine
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(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 C…
Ark. Code Ann. § 5-64-424 Possession of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine with the purpose to deliver
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(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, fentanyl, heroin, or cocaine with the purpose to deliver the Schedule I or Schedule II controlled substance that is not metha…
Ark. Code Ann. § 5-64-425 [Reserved.]
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A.C.A. § 5-64-425Current 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. § 5-64-426 Delivery of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine
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(a) This section does not apply to the delivery of methamphetamine, fentanyl, heroin, or cocaine, which is governed by §§ 5-64-421 and 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 …
Ark. Code Ann. § 5-64-427 Manufacture of a Schedule I or Schedule II controlled substance that is not methamphetamine, fentanyl, heroin, or cocaine
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(a) This section does not apply to the manufacture of methamphetamine, fentanyl, heroin, or cocaine, which is governed by §§ 5-64-421 and 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.…
Ark. Code Ann. § 5-64-428 Possession of a Schedule III controlled substance with the purpose to deliver
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(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 t…
Ark. Code Ann. § 5-64-429 [Reserved.]
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A.C.A. § 5-64-429Current 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. § 5-64-430 Delivery of a Schedule III controlled substance
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(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 upo…
Ark. Code Ann. § 5-64-431 Manufacture of a Schedule III controlled substance
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(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 subst…
Ark. Code Ann. § 5-64-432 Possession of a Schedule IV or Schedule V controlled substance with the purpose to deliver
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(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 pe…
Ark. Code Ann. § 5-64-433 [Reserved.]
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A.C.A. § 5-64-433Current 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. § 5-64-434 Delivery of a Schedule IV or Schedule V controlled substance
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(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 …
Ark. Code Ann. § 5-64-435 Manufacture of a Schedule IV or Schedule V controlled substance
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(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 S…
Ark. Code Ann. § 5-64-436 Possession of a Schedule VI controlled substance with the purpose to deliver
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(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 …
Ark. Code Ann. § 5-64-437 [Reserved.]
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A.C.A. § 5-64-437Current 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. § 5-64-438 Delivery of a Schedule VI controlled substance
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(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 convic…
Ark. Code Ann. § 5-64-439 Manufacture of a Schedule VI controlled substance
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(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 …
Ark. Code Ann. § 5-64-440 Trafficking a controlled substance
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(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 su…
Ark. Code Ann. § 5-64-441 Possession of a counterfeit substance
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(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 otherwis…
Ark. Code Ann. § 5-64-442 Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance
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(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, …
Ark. Code Ann. § 5-64-443 Possession of drug paraphernalia
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(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 or to store, contain, conceal, or weigh a controlled substance in violation of this chapter up…
Ark. Code Ann. § 5-64-444 Drug paraphernalia — Delivery to a minor
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(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…
Ark. Code Ann. § 5-64-445 Advertisement of a counterfeit substance or drug paraphernalia
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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…
Ark. Code Ann. § 5-64-446 Civil or criminal liability
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(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 t…
Ark. Code Ann. § 5-64-501 Powers of officials generally
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(1) Any law enforcement officer, any person authorized to enforce this chapter, 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 this chapter relating to a controlled …
Ark. Code Ann. § 5-64-502 Issuance and execution of administrative inspection warrants
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(a) Issuance and execution of an administrative inspection warrant shall be as follows:(1) (A) A judge of a court of record, within his or her jurisdiction, and upon proper oath or affirmation showing probable cause, may issue a warrant for the purpose of conducting an administra…
Ark. Code Ann. § 5-64-503 Injunctions or restraining orders
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(a) A trial court of this state may exercise jurisdiction to restrain or enjoin a violation of this chapter. (b) The defendant may demand a trial by jury for an alleged violation of an injunction or restraining order under this section.
Ark. Code Ann. § 5-64-504 Intergovernmental cooperation — Identities of patients and research subjects
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(a) (1) The Secretary of the Department of Health shall cooperate with federal and any other state agency in discharging the agency's responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances.(2) To this end, the secretary …
Ark. Code Ann. § 5-64-505 Property subject to forfeiture — Procedure — Disposition of property
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(a) Items Subject to Forfeiture. The following are subject to forfeiture upon the initiation of a civil proceeding filed by the prosecuting attorney and when so ordered by the circuit court in accordance with this section, however no property is subject to forfeiture based solely…
Ark. Code Ann. § 5-64-506 Burden of proof — Liability of officers
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(a) (1) It is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter.(2) The burden of proof of any exemption or exception is up…
Ark. Code Ann. § 5-64-507 Conclusiveness of findings
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(a) Any final determination, finding, or conclusion of the Secretary of the Department of Health under this chapter is a final and conclusive decision of the matter involved. (b) Any person aggrieved by the decision may obtain review of the decision in the circuit court of the co…
Ark. Code Ann. § 5-64-508 Prevention and deterrence — Educational and research programs
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(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs the division may:(1) Promote better…
Ark. Code Ann. § 5-64-509 [Repealed.]
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A.C.A. § 5-64-509Current 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. § 5-64-510 Methamphetamine-contaminated motor vehicles
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(a) As used in this section, “methamphetamine-contaminated motor vehicle” means a motor vehicle that has been forfeited under § 5-64-505 in which methamphetamine was manufactured as determined by a law enforcement agency or a prosecuting attorney who has possession of the motor v…
Ark. Code Ann. § 5-64-701 [Repealed.]
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A.C.A. § 5-64-701Current 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. § 5-64-702 Promulgation of rules
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(a) The Department of Health may promulgate rules necessary for the enforcement of this chapter. (b) The rules described in subsection (a) of this section shall be promulgated pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Ark. Code Ann. § 5-64-703 Authority to make inspections
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In carrying out the functions under this chapter, the Secretary of the Department of Health or his or her duly authorized agent may enter a controlled premises and conduct an administrative inspection of the controlled premises.
Ark. Code Ann. § 5-64-704 Consent to inspection
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An administrative inspection warrant is not required if informed consent is obtained from the owner, operator, or agent-in-charge of the controlled premises to be inspected.
Ark. Code Ann. § 5-64-705 Authority to investigate and arrest in contiguous county
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Upon receiving permission from the proper county sheriff, any law enforcement officer acting within the official scope of his or her duty may investigate and arrest any person violating any provision of this chapter in any county contiguous to the county where he or she is employ…
Ark. Code Ann. § 5-64-706 Grant of immunity
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(a) (1) With the approval of the circuit judge, the prosecuting attorney of any judicial district in this state or any grand jury properly convened according to law may grant immunity from criminal prosecution with respect to a matter revealed by the testimony of anyone giving ev…
Ark. Code Ann. § 5-64-707 Admissibility of drug analysis — Cross-examination
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(a) In any criminal prosecution for an alleged violation of this chapter, a record or report of any relevant drug analysis made by the State Crime Laboratory shall be received as competent evidence as to a matter contained in the record or report in this section in any preliminar…