§ 20-64-301. Title
This subchapter may be cited as the “Arkansas Drug Abuse Control Act”.
§ 20-64-302. Definitions
As used in this subchapter, unless the context otherwise requires: (1) [Repealed.]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 likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the […]
§ 20-64-303. Minor violations of subchapter
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 adequately served in the circumstances by a suitable written notice or […]
§ 20-64-304. Penalties
(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 the discretion of the court. (2) […]
§ 20-64-305. Duty of prosecuting attorneys
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.
§ 20-64-306. Prohibited acts
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 of a drug in violation of § 20-64-311; (4) […]
§ 20-64-307. Seizure and forfeiture of contraband — Generally
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 prohibited act within the meaning of § 20-64-306 […]
§ 20-64-308. Seizure and forfeiture of contraband — Hearing and disposition
(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 notice containing a list of the articles, equipment, […]
§ 20-64-309. Depressant and stimulant drugs — Manufacturing, compounding, or processing prohibited — Exceptions
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, and processors, operating in conformance with the laws of this state relating to […]
§ 20-64-310. Depressant and stimulant drugs — Sale, delivery, or disposal prohibited — Exceptions
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, profession, occupation, or employment; or (2) A […]
§ 20-64-311. Depressant and stimulant drugs — Possession prohibited — Exceptions
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 delivered by a practitioner in the course […]
§ 20-64-312. Depressant and stimulant drugs — Falsely obtaining or attempting to obtain prohibited — Exceptions
(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, wholesaler, practitioner, pharmacist, owner of a pharmacy, or other person authorized […]
§ 20-64-313. Depressant and stimulant drugs — Records by certain persons required
(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 record for three (3) years, except that if this record […]
§ 20-64-314. Depressant and stimulant drugs — Limitations on filling of prescriptions
(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) However, this subchapter does not […]
§ 20-64-315. Depressant and stimulant drugs — Exemptions from §§ 20-64-309 — 20-64-315
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.
§ 20-64-316. Authority of Department of Health employees to investigate, examine, and inspect
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 by the secretary: (1) Carry firearms; (2) Execute and serve search warrants and arrest […]
§ 20-64-317. Rules
(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 newspaper of general circulation in this state, setting […]