Arkansas § 5-64-441 Possession of a counterfeit substance

Arkansas Statutes

§ 5-64-441 — Possession of a counterfeit substance

Arkansas § 5-64-441

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This text of Arkansas § 5-64-441 (Possession of a counterfeit substance) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 5-64-441 (2026).

Text

(a)It is unlawful for any person to possess a counterfeit substance unless the counterfeit substance was obtained:

(1)Directly from or pursuant to a valid prescription or an order of a practitioner while acting in the course of his or her professional practice; or (2) As otherwise authorized by this chapter.

(b)Any person who violates this section with respect to:

(1)A Schedule I or Schedule II controlled substance upon conviction is guilty of a Class D felony;

(2)Any other controlled substance, first offense or second offense, upon conviction is guilty of a Class A misdemeanor; and (3) Any other controlled substance, third or subsequent offense, upon conviction is guilty of a Class D felony.

(c)For purposes of subsection (b) of this section, an offense is considered a third or subse

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(a) It is unlawful for any person to possess a counterfeit substance unless the counterfeit substance was obtained: (1) Directly from or pursuant to a valid prescription or an order of a practitioner while acting in the course of his or her professional practice; or (2) As otherwise authorized by this chapter. (b) Any person who violates this section with respect to: (1) A Schedule I or Schedule II controlled substance upon conviction is guilty of a Class D felony; (2) Any other controlled substance, first offense or second offense, upon conviction is guilty of a Class A misdemeanor; and (3) Any other controlled substance, third or subsequent offense, upon conviction is guilty of a Class D felony. (c) For purposes of subsection (b) of this section, an offense is considered a third or subsequent offense if, before his or her conviction for the offense, the person has been convicted two (2) or more times for an offense under subsection (b) of this section or under any equivalent penal statute of the United States or of any state.