Ark. Code Ann. § 5-64-212 (2020)

1. An ephedrine combination product, pseudoephedrine, and phenylpropanolamine, as defined in § 5-64-1105, are designated Schedule V controlled substances in addition to the drugs and other substances listed in Schedule V of the List of Controlled Substances for the State of Arkansas promulgated by the Secretary of the Department of Health.
2. The Schedule V classification does not apply to:
   1. An exempt product described in § 5-64-1103(b)(1); or
   2. Any ephedrine or pseudoephedrine in liquid, liquid capsule, or liquid gel capsule form described in § 5-64-1103(b)(2).
3. The secretary may reschedule a product described in subdivision (b)(1) or subdivision (b)(2) of this section if it is determined that the conversion of the active ingredient in the product into methamphetamine or its salts or precursors is feasible.
4. A wholesale distributor with exclusive rights to distribute pseudoephedrine to only licensed pharmacies is exempt from Schedule V requirements for the storage and distribution of pseudoephedrine.

History. Acts 2005, No. 256, § 2; 2011, No. 588, § 1; 2019, No. 910, §§ 4838, 4839.

A.C.R.C. Notes. Acts 2005, No. 256, § 1, provided:

“The General Assembly of the State of Arkansas finds that:

“(1) Pseudoephedrine and ephedrine are known medicinal ingredients, with known scientific evidence of pharmacological effect, and have known currently accepted medical use in treatment in the United States;

“(2) The citizens of Arkansas are entitled to the maximum protection practicable from the harmful effects of methamphetamine abuse and the harmful effects of excessive and improper exposure to illicit clandestine laboratories for the manufacture of methamphetamine; and

“(3) The protection of the citizens of Arkansas will be increased by controlling specific precursor ingredients, ephedrine, pseudoephedrine, and phenylpropanolamine utilized to manufacture methamphetamine.”

Publisher's Notes. The Uniform Controlled Substance Act (U.L.A.), § 212, lists the controlled substances included in Schedule V. Schedule V was originally adopted in Arkansas but was subsequently repealed and is now governed by this section and administrative regulation. It is revised and republished annually by the Director of the Department of Health or his or her authorized agent. For a copy of the most recent rescheduling of controlled substances, contact the Department of Health.

Amendments. The 2011 amendment deleted (b)(3).

The 2019 amendment substituted “Secretary” for “Director” in (a); and substituted “secretary” for “director” in (c).