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16-118-108. Civil actions against sellers of drug paraphernalia — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-118-108. Civil actions against sellers of drug paraphernalia — Definition.
(a) As used in this subchapter, “drug paraphernalia” means those items as defined by §§ 5-64-101, 5-64-403(a)(4), 5-64-443, and 5-64-505.
(b)(1) Any person who becomes addicted to any controlled substance, as a result of the use of any drug paraphernalia sold to him or her by a store dealing in drug paraphernalia items, has a cause of action against the seller if the person can prove that the item purchased from the seller's store contributed to his or her addiction.
(2) Any parent or guardian may bring a cause of action described in subdivision (b)(1) of this section on behalf of a minor.
(c) Any third person injured or killed by a person using a controlled substance, whose use was caused or aided by the use of drug paraphernalia sold to the person by a store dealing in drug paraphernalia items, has a cause of action against the seller if the third person can prove that the item purchased from the store contributed to the person's use and the person's use proximately caused the third person's injury or death.
(d) Any person who requires hospitalization or outpatient service for drug abuse or a related medical problem is entitled to recover from any store that has sold any drug paraphernalia to the person and reimbursement for any such costs incurred.
(e) Any federal or state agency that provides medical or kindred treatment to any person who is addicted to drugs as a result of the use of any drug paraphernalia may cause litigation to be commenced against any store or individual that has sold an item of drug paraphernalia that contributed to the person's drug abuse and subsequent treatment, for the purpose of collecting the reasonable costs incurred by the federal or state agency.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-118-108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-118-108
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bccbcfb6c066650790ab010147ef7b881a173931a4ab068b2df5a76116202086
Source location: content.xml paragraph 48519
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16-118-108. Civil actions against sellers of drug paraphernalia — Definition.
(a) As used in this subchapter, “drug paraphernalia” means those items as defined by §§ 5-64-101, 5-64-403(a)(4), 5-64-443, and 5-64-505.
(b)(1) Any person who becomes addicted to any controlled substance, as a result of the use of any drug paraphernalia sold to him or her by a store dealing in drug paraphernalia items, has a cause of action against the seller if the person can prove that the item purchased from the seller's store contributed to his or her addiction.
(2) Any parent or guardian may bring a cause of action described in subdivision (b)(1) of this section on behalf of a minor.
(c) Any third person injured or killed by a person using a controlled substance, whose use was caused or aided by the use of drug paraphernalia sold to the person by a store dealing in drug paraphernalia items, has a cause of action against the seller if the third person can prove that the item purchased from the store contributed to the person's use and the person's use proximately caused the third person's injury or death.
(d) Any person who requires hospitalization or outpatient service for drug abuse or a related medical problem is entitled to recover from any store that has sold any drug paraphernalia to the person and reimbursement for any such costs incurred.
(e) Any federal or state agency that provides medical or kindred treatment to any person who is addicted to drugs as a result of the use of any drug paraphernalia may cause litigation to be commenced against any store or individual that has sold an item of drug paraphernalia that contributed to the person's drug abuse and subsequent treatment, for the purpose of collecting the reasonable costs incurred by the federal or state agency.
(f) Prior to awarding any damages under this subchapter, the trier of fact shall make written determinations regarding the following questions:
(1) That a reasonably prudent person acting as the seller would have known or should have known that the item sold would be utilized in the unlawful use of drugs; and
(2) Considering all the facts and circumstances surrounding the sale, including the physical characteristics of the business establishment and its method of operation, that the seller knew or should have known that the items sold would be utilized in the unlawful use of drugs.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-101. Definitions.
As used in this chapter:
(1) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by:
(A) A practitioner; or
(B) The patient or research subject at the direction and in the presence of the practitioner;
(2)(A) “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.
(B) “Agent” does not include a common or contract carrier, public warehouseman, or employee of the common or contract carrier or warehouseman;
(3)(A) “Anabolic steroid” means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestin, and corticosteroid that promotes muscle growth.
(B)(i) “Anabolic steroid” does not include an anabolic steroid that is expressly intended for administration through an implant to cattle or another nonhuman species and that has been approved by the Secretary of the Department of Health for such administration.
(ii) If any person prescribes, dispenses, or distributes a steroid described in subdivision (3)(B)(i) of this section for human use, the person is considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subdivision (3);
(4) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through VI;
(5)(A) “Counterfeit substance” means a noncontrolled substance, that by overall dosage unit appearance including color, shape, size, markings, packaging, labeling, and overall appearance or upon the basis of representations made to the recipient, purports to be a controlled substance or to have the physical or psychol
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-403. Controlled substances — Fraudulent practices.
(a) It is unlawful for a person to knowingly:
(1) Distribute as a practitioner a Schedule I or Schedule II controlled substance, except under 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 person or any likeness of any trademark, trade name, or other identifying mark, imprint, or device of another person upon any drug or container or labeling of a drug or container so as to render the drug a counterfeit substance; or
(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 knowingly agreeing, consenting, or offering to sell, furnish, transport, administer, or give a noncontrolled substance that does not require additional showing of specific purpose to substitute a noncontrolled substance.
(b) A person who violates:
(1) Subdivision (a)(1), subdivision (a)(2), subdivision (a)(3), or subdivision (a)(4) of this section upon conviction is guilty of a Class D fe
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-403
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-403. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-443. Drug paraphernalia.
(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 in violation of this chapter upon conviction is guilty of:
(1) A Class A misdemeanor; or
(2) A Class D felony if the controlled substance is methamphetamine, heroin, fentanyl, or cocaine.
(b) A person who uses or possesses with the purpose to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, or repack a controlled substance that is methamphetamine, heroin, fentanyl, or cocaine upon conviction is guilty of a Class B felony.
(c) A person who uses or possesses with the purpose to use drug paraphernalia to store, contain, or conceal a controlled substance that is methamphetamine, heroin, fentanyl, or cocaine upon conviction is guilty of a Class D felony.
(d) A person who uses or possesses with the purpose to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, or repack a controlled substance that is not methamphetamine, heroin, fentanyl, or cocaine upon conviction is guilty of a Class D felony.
(e) A person who uses or possesses with the purpose to use drug paraphernalia to store, contain, or conceal a controlled substance that is not methamphetamine, heroin, fentanyl, or cocaine upon conviction is guilty of a Class A misdemeanor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-443
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-443. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-505. Property subject to forfeiture — Procedure — Disposition of property.
(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 upon a misdemeanor possession of a Schedule III, Schedule IV, Schedule V, or Schedule VI controlled substance:
(1) Any controlled substance or counterfeit substance that has been manufactured, distributed, dispensed, or acquired in violation of this chapter;
(2) Any raw material, product, or equipment of any kind that is used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance or counterfeit substance in violation of this chapter;
(3) Any property that is used, or intended for use, as a container for property described in subdivision (a)(1) or subdivision (a)(2) of this section;
(4) Any conveyance, including an aircraft, vehicle, or vessel that is used or intended for use to transport or in any manner to facilitate the transportation for the purpose of sale or receipt of property described in subdivision (a)(1) or subdivision (a)(2) of this section, however:
(A) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
(B)(i) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without his
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-505
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-505. This identifies an authority to review, not proof of applicability.