2020 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 4 - Food, Drugs, and Cosmetics
Chapter 64 - Alcohol and Drug Abuse
Subchapter 2 - Uniform Narcotic Drug Act
§ 20-64-201. Definitions

The following words and phrases, as used in this subchapter, shall have the following meanings, unless the context otherwise requires:

1. (1) “Apothecary” means a licensed pharmacist as defined by the laws of this state and, where the context so requires, the owner of a store or other place of business where narcotic drugs are compounded or dispensed by a licensed pharmacist; but nothing in this subchapter shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right, or privilege that is not granted to him by the pharmacy laws of this state;

2. (2) “Dentist” means a person authorized by law to practice dentistry in this state;

3. (3) “Dispense” includes distribute, leave with, give away, dispose of, or deliver;

4. (4) “Federal narcotic laws” means the laws of the United States relating to opium, coca leaves, and other narcotic drugs;

5. (5) “Hospital” means an institution for the care and treatment of the sick and injured, approved by the Director of the Department of Health as proper to be entrusted with the custody of narcotic drugs and the professional use of narcotic drugs under the direction of a physician, dentist, or veterinarian;

6. (6) “Laboratory” means a laboratory approved by the Director of the Department of Health as proper to be entrusted with the custody of narcotic drugs and the use of narcotic drugs for scientific and medical purposes and for purposes of instruction;

7. (7) “Manufacturer” means a person who, by compounding, mixing, cultivating, growing, or other process, produces or prepares narcotic drugs, but does not include an apothecary who compounds narcotic drugs to be sold or dispensed on prescriptions;

8. (8)

   1. (A) “Narcotic drug” means any drug which is defined as a narcotic drug by order of the Director of the Department of Health. In the formulation of definitions of narcotic drugs, the Director of the Department of Health is directed to include all drugs which he finds are narcotic in character and by reason thereof are dangerous to the public health or are promotive of addiction-forming or addiction-sustaining results upon the user which threaten harm to the public health, safety, or morals. In formulating these definitions, the Director of the Department of Health shall take into consideration the provisions of the federal narcotic laws as they exist, from time to time, and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the federal narcotic laws, so far as is possible under the standards established in this subdivision (8)(A), and under the policy of this subchapter.

   2. (B) “Narcotic drug” also means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

      1. (i) Opium, opiates, derivatives of opium and opiates, including their isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. This term does not include the isoquinoline alkaloids of opium;

      2. (ii) Poppy straw and concentrate of poppy straw;

      3. (iii) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

      4. (iv) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

      5. (v) Ecgonine, its derivatives, their salts, isomers, and salts of isomers;

      6. (vi) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions (8)(B)(i)-(v) of this section;

9. (9)

   1. (A) “Official written order” means an order written on a form provided for that purpose by the United States Administrator of Drug Enforcement under the laws of the United States making provision therefor, if order forms are authorized and required by federal law and, if an order form is not provided, then on an official form provided for that purpose by the Secretary of the Department of Health.

   2. (B) When permitted by federal law, an official written order may also be written and submitted electronically;

10. (10) “Person” includes any corporation, association, copartnership, or one (1) or more individuals;

11. (11) “Physician” means a person authorized by law to practice medicine in this state and any other person authorized by law to treat sick and injured human beings in this state and to use narcotic drugs in connection with such treatment;

12. (12) “Registry number” means the number assigned to each person registered under the federal narcotic laws;

13. (13) “Sale” includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee;

14. (14) “Veterinarian” means a person authorized by law to practice veterinary medicine in this state;

15. (15) “Wholesaler” means a person who supplies narcotic drugs that he himself has not produced nor prepared, on official written orders, but not on prescriptions; and

16. (16) “Written prescription” means a prescription that is presented to an apothecary in compliance with federal law and regulations, including a written, oral, faxed, or electronic prescription.