{"data":{"id":"us-ar/ark.-code-ann.-5-64-414","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 5-64-414","heading":"Controlled substance analog","body":"(a) (1) \"Controlled substance analog\" means a substance: (A) The chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or Schedule II or that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II; or (B) With respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II. (2) \"Controlled substance analog\" does not include: (A) A controlled substance; (B) A substance for which there is an approved new drug application; (C) A substance with respect to which an exemption is in effect for investigational use by a particular person under § 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355 , to the extent conduct with respect to the substance is pursuant to the exemption; or (D) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance. (b) A controlled substance analog, to the extent intended for human consumption, is treated for the purposes of this chapter as a substance included in Schedule I. (c) Within ten (10) days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the prosecuting attorney shall notify the Secretary of the Department of Health of information relevant to emergency scheduling as provided for in § 5-64-201(a) . (d) After final determination that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may continue or take place. Amended by Act 2019, No. 910,§ 4844, eff. 7/1/2019. Acts 1989 (3rd Ex. Sess.), No. 84, § 1; 2005, No. 1994, § 306.\n\n(a) (1) \"Controlled substance analog\" means a substance: (A) The chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or Schedule II or that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II; or (B) With respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II. (2) \"Controlled substance analog\" does not include: (A) A controlled substance; (B) A substance for which there is an approved new drug application; (C) A substance with respect to which an exemption is in effect for investigational use by a particular person under § 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355 , to the extent conduct with respect to the substance is pursuant to the exemption; or (D) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.\nC) A substance with respect to which an exemption is in effect for investigational use by a particular person under § 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355 , to the extent conduct with respect to the substance is pursuant to the exemption; or (D) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.\n\n(1) \"Controlled substance analog\" means a substance: (A) The chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or Schedule II or that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II; or (B) With respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II.\n\n(A) The chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or Schedule II or that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II; or\n\n(B) With respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or Schedule II.\n\n(2) \"Controlled substance analog\" does not include: (A) A controlled substance; (B) A substance for which there is an approved new drug application; (C) A substance with respect to which an exemption is in effect for investigational use by a particular person under § 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355 , to the extent conduct with respect to the substance is pursuant to the exemption; or (D) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.\n\n(A) A controlled substance;\n\n(B) A substance for which there is an approved new drug application;\n\n(C) A substance with respect to which an exemption is in effect for investigational use by a particular person under § 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 355 , to the extent conduct with respect to the substance is pursuant to the exemption; or\n\n(D) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.\n\n(b) A controlled substance analog, to the extent intended for human consumption, is treated for the purposes of this chapter as a substance included in Schedule I.\n\n(c) Within ten (10) days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the prosecuting attorney shall notify the Secretary of the Department of Health of information relevant to emergency scheduling as provided for in § 5-64-201(a) .\n\n(d) After final determination that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may continue or take place.","path":["AR Code","Title 5","Chapter 64","Subchapter 4"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"5277a54cbca2bb335546978865a288bfe790068691d6d2400bd7bac6d9672d14","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-5-64-413","next":"us-ar/ark.-code-ann.-5-64-415"},"notice":"GroundRules: Original legal text. Not legal advice."}