2020 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 4 - Food, Drugs, and Cosmetics
Chapter 64 - Alcohol and Drug Abuse
Subchapter 3 - 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(1) [Repealed.]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 person or persons who in fact manufactured, processed, packed, or distributed the drug and which thereby falsely purports, or is represented to be the product of, or to have been packed or distributed by, another drug manufacturer, processor, packer, or distributor;
(3) “Depressant or stimulant drug” means:
(A) Any drug which contains any quantity of barbituric acid or any of the salts of barbituric acid or any derivative of barbituric acid which has been designated under section 502(d) of the Federal Food, Drug, and Cosmetic Act, as presently in force and effect, as habit-forming and such other derivatives as the State Board of Health shall define as habit-forming, provided that in formulating these definitions, the board shall take into consideration the provisions of the Federal Food, Drug, and Cosmetic Act as it exists from time to time and shall amend the definitions so as to keep them in harmony with the definitions prescribed by the Federal Food, Drug, and Cosmetic Act, insofar as is possible under the standards established in this subchapter and under the policy of it;
(B) Any drug which contains any quantity of:
(i) Amphetamine or any of its optical isomers;
(ii) Any salt of amphetamine or any salt of an optical isomer of amphetamine; or
(iii) Any substance designated by regulations promulgated under the Federal Food, Drug, and Cosmetic Act or by rule promulgated by the board as habit-forming because of its stimulant effect on the central nervous system. In formulating these rules, the board shall take into consideration the regulations promulgated from time to time under the Federal Food, Drug, and Cosmetic Act and shall amend the rules so as to keep them in harmony with the definitions prescribed by the Federal Food, Drug, and Cosmetic Act.
(C) Any drug which contains any quantity of a substance designated by regulations promulgated under the Federal Food, Drug, and Cosmetic Act or by rule promulgated by the board as having a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect, provided that the board in formulating its rules shall take into consideration all regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act and shall amend its rules so as to keep them in harmony with the regulations prescribed by the Federal Food, Drug, and Cosmetic Act;
(4) “Drug” means articles recognized in the official United States Pharmacopoeia, or official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, but does not include devices or their components, parts, or accessories;
(5) “Federal act” designates the Federal Food, Drug, and Cosmetic Act, which was in effect on June 30, 1967, and all amendments thereto;
(6) “Manufacture”, “compound”, or “process” shall include repackaging or otherwise changing the container, wrapper, or labeling of any drug package in the furtherance of the distribution of the drug from the original place of manufacture to the person who makes final delivery or sale to the ultimate consumer, and the term “manufacturers”, “compounders”, and “processors” shall be deemed to refer to persons engaged in those defined activities;
(7) “Person” includes individual, partnership, corporation, and association; and
(8) “Practitioner” means a physician, dentist, veterinarian, or other person licensed in this state to prescribe or administer drugs which are subject to this subchapter.
