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5-64-446. Civil or criminal liability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-446. Civil or criminal liability.
(a) Civil or criminal liability shall not be imposed by this chapter on any practitioner who manufactures, distributes, or possesses a counterfeit substance for use by a practitioner in the course of professional practice or research or for use as a placebo by a practitioner in the course of professional practice or research.
(b)(1) A person who violates §§ 5-64-419 — 5-64-442 is liable for the cost of the cleanup of the site where the person:
(A) Manufactured a controlled substance; or
(B) Possessed drug paraphernalia or a chemical for the purpose of manufacturing a controlled substance.
(2) The person shall make restitution to the state or local agency responsible for the cleanup for the cost of the cleanup under § 5-4-205.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-446
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:5-64-446
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1bce44c9aee4d30bb9b7ecd33c3f2847a79a7282ccf637a4b6c0c3abef856061
Source location: content.xml paragraph 24316
Stored source content
5-64-446. Civil or criminal liability.
(a) Civil or criminal liability shall not be imposed by this chapter on any practitioner who manufactures, distributes, or possesses a counterfeit substance for use by a practitioner in the course of professional practice or research or for use as a placebo by a practitioner in the course of professional practice or research.
(b)(1) A person who violates §§ 5-64-419 — 5-64-442 is liable for the cost of the cleanup of the site where the person:
(A) Manufactured a controlled substance; or
(B) Possessed drug paraphernalia or a chemical for the purpose of manufacturing a controlled substance.
(2) The person shall make restitution to the state or local agency responsible for the cleanup for the cost of the cleanup under § 5-4-205.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-205. Restitution.
(a)(1) A defendant who is found guilty or who enters a plea of guilty or nolo contendere to an offense may be ordered to pay restitution.
(2) If the court decides not to order restitution or orders restitution of only a portion of the loss suffered by the victim, the court shall state on the record in detail the reasons for not ordering restitution or for ordering restitution of only a portion of the loss.
(b)(1) Whether a trial court or a jury, the sentencing authority shall make a determination of actual economic loss caused to a victim by the offense.
(2) When an offense has resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant:
(A) Pay the cost of a necessary medical or related professional service or device relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing;
(B) Pay the cost of necessary physical and occupational therapy and rehabilitation;
(C)(i) Reimburse the victim for income lost by the victim as a result of the offense.
(ii) The maximum that a victim may recover for lost income is fifty thousand dollars ($50,000); and
(D) Pay an amount equal to the cost of a necessary funeral and related services in the case of an offense that resulted in bodily injury that also resulted in the death of a victim.
(3) When an offense has not resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant reimburse the victim for income lost by the victim as a result of the offense.
(4)(A) The determination of the amount of loss is a factual question to be decided by the preponderance of the evidence presented to the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-205
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 5-4-205. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-419. Possession of a controlled substance.
(a) Except as provided by this chapter, it is unlawful for a person to possess a controlled substance.
(b) A person who violates this section with respect to:
(1) A Schedule I or Schedule II controlled substance that is methamphetamine or cocaine with an aggregate weight, including an adulterant or diluent, of:
(A) Less than two grams (2g) upon conviction is guilty of a Class D felony;
(B) Two grams (2g) or more but less than ten grams (10g) upon conviction is guilty of a Class C felony; or
(C) Ten grams (10g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;
(2) A Schedule I or Schedule II controlled substance that is not methamphetamine or cocaine with an aggregate weight, including an adulterant or diluent, of:
(A) Less than two grams (2g) upon conviction is guilty of a Class D felony;
(B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class C felony; or
(C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty of a Class B felony;
(3) A Schedule III controlled substance with an aggregate weight, including an adulterant or diluent, of:
(A)(i) Less than two grams (2g) upon conviction is guilty of a Class A misdemeanor.
(ii) However, if the person has four (4) or more prior convictions under this section or the former § 5-64-401(c), upon conviction the person is guilty of a Class D felony for a violation of subdivision (b)(3)(A)(i) of this section;
(B) Two grams (2g) or more but less than twenty-eight grams (28g) upon conviction is guilty of a Class D felony;
(C) Twenty-eight grams (28g) or more but less than two hundred grams (200g) upon conviction is guilty o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-419
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 5-64-419. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-442. Possession with the purpose to deliver, delivery, or manufacture of a counterfeit substance.
(a) Except as authorized by this chapter, it is unlawful for any person to possess with the purpose to deliver, deliver, or manufacture a counterfeit substance. Purpose to deliver may be shown by any of the following factors:
(1) The person possesses the means to weigh, separate, or package a counterfeit substance;
(2) The person possesses a record indicating a drug-related transaction;
(3) The counterfeit substance is separated and packaged in a manner to facilitate delivery;
(4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the counterfeit substance;
(5) The person possesses at least two (2) other controlled substances or counterfeit substances in any amount; or
(6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a counterfeit substance.
(b) Any person who violates this section with respect to:
(1) A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony;
(2) A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or
(3) A counterfeit substance purporting to be a Schedule IV, Schedule V, or Schedule VI controlled substance or that is not classified as a scheduled controlled substance upon conviction is guilty of a Class A misdemeanor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-442
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 5-64-442. This identifies an authority to review, not proof of applicability.