§ 5-64-1005 — Exemptions

The provisions of § 5-64-1001 do not apply to any of the following: (1) Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist, or veterinarian; (2) Any physician, dentist, podiatrist, or veterinarian who administers or furnishes a substance to his or her patient; (3) Any manufacturer or wholesaler licensed by the Arkansas State Board of Pharmacy that sells, transfers, or otherwise furnishes a substance to a licensed pharmacy, physician, dentist, podiatrist, or veterinarian; or (4) Any sale, transfer, furnishing, or receipt by a retail distributor of any drug that contains any ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine and that is sold, transferred, or furnished over the counter without a prescription pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., or regulations adopted under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., if: (A) The drug is sold in a blister pack of not more than three grams (3g) of ephedrine, pseudoephedrine, or phenylpropanolamine base, each blister containing not more than two (2) dosage units; (B) The use of a blister pack is technically unfeasible, the drug is packaged in a unit dose packet or pouch; (C) The drug is an exempted product described in § 5-64-1103(b)(1) , or the product contains ephedrine or pseudoephedrine in liquid, liquid capsule, or liquid gel capsule form described in § 5-64-1103(b)(2) , and is sold in a package size of not more than three grams (3g) of ephedrine or pseudoephedrine base; and (D) The total quantity of the sale is not greater than three (3) packages or five grams (5g) of ephedrine or nine grams (9g) of pseudoephedrine, whichever is smaller.

Legislative History

Acts 1989, No. 518, § 1; 2001, No. 1209, § 1; 2005, No. 256, § 3.