2010 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare
Chapter 64 - Controlled Substances
Subchapter 4 - Uniform Controlled Substances Act -- Prohibitions and Penalties
§ 5-64-403 - Fraud -- Criminal penalties -- Drug paraphernalia.

5-64-403. Fraud -- Criminal penalties -- Drug paraphernalia.

(a) Fraud. It is unlawful for a person knowingly to:

(1) Distribute as a registrant a controlled substance classified in Schedule I or Schedule II, except pursuant to an order form as required by 5-64-307;

(2) Acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or theft;

(3) Furnish false or fraudulent material information in, or omit any material information from, any record, application, report, or other document required to be kept or filed under this chapter;

(4) Make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any trademark, trade name, or other identifying mark, imprint, or device of another upon any drug or container or labeling of a drug or container so as to render the drug a counterfeit substance; and

(5) (A) Agree, consent, or in any manner offer to unlawfully sell, furnish, transport, administer, or give any controlled substance to any person or to arrange for any action described in this subdivision (a)(5)(A), and then to substitute a noncontrolled substance in lieu of the controlled substance bargained for.

(B) The proffer of a controlled substance creates a rebuttable presumption of intent to deliver that does not require additional showing of specific intent to substitute a noncontrolled substance.

(b) Penalties. (1) Any person who violates any provision of subdivisions (a)(1)-(4) of this section is guilty of a Class C felony.

(2) Any person who violates subdivision (a)(5) of this section with respect to:

(A) A noncontrolled substance represented to be a controlled substance classified in Schedule I or Schedule II that is a narcotic drug is guilty of a Class B felony;

(B) Any other noncontrolled substance represented to be a controlled substance classified in Schedule I, Schedule II, or Schedule III is guilty of a Class C felony;

(C) A noncontrolled substance represented to be a controlled substance classified in Schedule IV is guilty of a Class C felony;

(D) A noncontrolled substance represented to be a controlled substance classified in Schedule V is guilty of a Class C felony; and

(E) A noncontrolled substance represented to be a controlled substance classified in Schedule VI is guilty of a Class D felony.

(c) Drug Paraphernalia. (1) (A) (i) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

(ii) A violation of subdivision (c)(1)(A)(i) of this section is a Class A misdemeanor.

(B) Any person who violates subdivision (c)(1)(A)(i) of this section in the course of and in furtherance of a felony violation of this chapter is guilty of a Class C felony.

(2) (A) (i) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances in which a person reasonably should know, that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

(ii) Any person who violates subdivision (c)(2)(A)(i) of this section is guilty of a Class A misdemeanor.

(B) Any person who violates subdivision (c)(2)(A)(i) of this section in the course of and in furtherance of a felony violation of this chapter is guilty of a Class C felony.

(3) (A) Any person eighteen (18) years of age or over who violates subdivision (c)(2)(A)(i) of this section immediately preceding 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 his or her junior is guilty of a Class B felony.

(B) Otherwise, any person eighteen (18) years of age or over who violates subdivision (c)(2)(A)(i) of this section by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his or her junior is guilty of a Class A misdemeanor.

(4) (A) It is unlawful for any person to place 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 or of an object designed or intended for use as drug paraphernalia.

(B) Any person who violates subdivision (c)(4)(A) of this section is guilty of a Class C felony.

(5) (A) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to manufacture methamphetamine in violation of this chapter.

(B) Any person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (c)(5)(A) of this section is guilty of a Class B felony.