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20-64-220. Penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-64-220. Penalties.
(1) Except as provided in subdivision (2) of this section, a person violating any provision of this subchapter commits a felony and upon conviction shall be fined not more than two thousand dollars ($2,000), and be imprisoned in the state penitentiary not less than two (2) nor more than five (5) years. For a second offense, or if, in case of a first conviction of violation of any provision of this subchapter, the offender shall previously have been convicted of any violation of the laws of the United States or of any other state, territory, or district relating to narcotic drugs or marijuana, the offender shall be guilty of a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary not less than five (5) nor more than ten (10) years. For a third or subsequent offense, or if, the offender shall previously have been convicted two (2) or more times in the aggregate of any violation of the law of the United States or of any other state, territory, or district relating to narcotic drugs or marijuana, the offender shall be guilty of a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary not less than ten (10) or more than twenty (20) years.
Except in the case of conviction for a first offense for violation of the provisions of this subchapter the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum imprisonment herein provided for the offense shall have been served.
(2) A person violating § 20-64-217 in a manner involving only a preparation exempted by § 20-64-208 for a first conviction shall be fined not more than twenty-five dollars ($25.00), for a second convicti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-64-220
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:20-64-220
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4484c9b79d3f5778f481dc259e3150012f029573448ee782452c83d89010d4e9
Source location: content.xml paragraph 32520
Stored source content
20-64-220. Penalties.
(1) Except as provided in subdivision (2) of this section, a person violating any provision of this subchapter commits a felony and upon conviction shall be fined not more than two thousand dollars ($2,000), and be imprisoned in the state penitentiary not less than two (2) nor more than five (5) years. For a second offense, or if, in case of a first conviction of violation of any provision of this subchapter, the offender shall previously have been convicted of any violation of the laws of the United States or of any other state, territory, or district relating to narcotic drugs or marijuana, the offender shall be guilty of a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary not less than five (5) nor more than ten (10) years. For a third or subsequent offense, or if, the offender shall previously have been convicted two (2) or more times in the aggregate of any violation of the law of the United States or of any other state, territory, or district relating to narcotic drugs or marijuana, the offender shall be guilty of a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary not less than ten (10) or more than twenty (20) years.
Except in the case of conviction for a first offense for violation of the provisions of this subchapter the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum imprisonment herein provided for the offense shall have been served.
(2) A person violating § 20-64-217 in a manner involving only a preparation exempted by § 20-64-208 for a first conviction shall be fined not more than twenty-five dollars ($25.00), for a second conviction shall be fined not more than fifty dollars ($50.00), and for a third or subsequent conviction shall be fined not more than one hundred dollars ($100).
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-64-208. Preparations exempted.
(a) Except as otherwise in this subchapter specifically provided, this subchapter shall not apply to the following cases:
(1) Administering, dispensing, or selling at retail any drug subject to this subchapter under any circumstances that the Secretary of the Department of Health determines, after reasonable notice and opportunity for hearing, not to be dangerous to the public health, or promotive of addiction-forming or addiction-sustaining results upon the user, or harmful to the public health, safety, or morals, and by order so proclaims. In arriving at his determination, the Secretary of the Department of Health shall consult with the United States Drug Enforcement Administration and give due weight to its investigations and determinations;
(2) Administering, dispensing, or selling at retail any medicinal preparation that contains in one (1) fluid ounce, or if a solid or semisolid preparation, in one (1) avoirdupois ounce, not more than one (1) grain of codeine or of any of its salts. The exemptions authorized by this subdivision (a)(2) are subject to the following conditions:
(A) That the medicinal preparation administered, dispensed, or sold contains, in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone; and
(B) That the preparation is administered, dispensed, purchased, and sold in good faith as a medicine and not for the purpose of evading the provisions of this subchapter.
(b) Nothing in this section shall limit the quantity of codeine or of any of its salts that may be prescribed, administered, dispensed, or sold to any person or for the use of any person or animal, when it is prescribed, administered, dispensed, or s
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-64-208
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 20-64-208. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-64-217. Fraud or deceit.
(1) No person shall obtain or attempt to obtain a narcotic drug, or procure or attempt to procure the administration of a narcotic drug:
(a) by fraud, deceit, misrepresentation, or subterfuge; or
(b) by the forgery or alteration of a prescription or of any order; or
(c) by the concealment of a material fact; or
(d) by the use of a false name or the giving of a false address.
(2) Information communicated to a physician in an effort unlawfully to procure a narcotic drug, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication.
(3) No person shall willfully make a false statement in any prescription, order, report, or record, required by this subchapter.
(4) No person shall, for the purpose of obtaining a narcotic drug, falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person.
(5) A person shall not make or utter a false or forged prescription or false or forged order.
(6) No person shall affix any false or forged label to a package or receptacle containing narcotic drugs.
(7) The provisions of this section shall apply to all transactions relating to narcotic drugs under the provisions of § 20-64-208, in the same way as they apply to transactions under all other sections.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-64-217
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 20-64-217. This identifies an authority to review, not proof of applicability.