Ark. Code Ann. § 5-64-215 (2026)
Substances in Schedule VI
-
In addition to any substance placed in Schedule VI by the Secretary of the Department of Health under § 5-64-214, any material, compound, mixture, or preparation, whether produced directly or indirectly from a substance of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, that contains any quantity of the following substances, or that contains any of their salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation, is included in Schedule VI:
- Marijuana;
-
Tetrahydrocannabinols, unless the tetrahydrocannabinol is:
- Contained in hemp-derived cannabidiol;
- Not more than three-tenths of one percent (0.3%) of the hemp-derived cannabidiol on a dry weight basis as verified by a nationally accredited laboratory for quality, purity, and accuracy standards; and
- Not approved by the United States Food and Drug Administration for marketing as a medication;
-
A synthetic equivalent of:
- The substance contained in the Cannabis plant; or
- The substance contained in the resinous extractives of the genus Cannabis;
- Salvia divinorum or Salvinorin A, which includes all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds of the plant, any extract from any part of the plant, and every compound, manufacture, derivative, mixture, or preparation of the plant, its seeds, or its extracts, including salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation;
-
Synthetic substances, derivatives, or their isomers in the chemical structural classes described below in subdivisions (a)(5)(A)-(J) of this section and also specific unclassified substances in subdivision (a)(5)(K) of this section. Compounds of the structures described in this subdivision (a)(5), regardless of numerical designation of atomic positions, are included in this subdivision (a)(5). The synthetic substances, derivatives, or their isomers included in this subdivision (a)(5) are:
-
-
Tetrahydrocannabinols, including without limitation the following:
- Delta-1 cis or trans tetrahydrocannabinol, and its optical isomers;
- Delta-6 cis or trans tetrahydrocannabinol, and its optical isomers; and
- Delta-3.4 cis or trans tetrahydrocannabinol, and its optical isomers.
- Dronabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration is not a tetrahydrocannabinol under this subdivision (a)(5)(A);
-
Tetrahydrocannabinols, including without limitation the following:
-
Naphthoylindoles, or any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation the following:
- JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole;
- JWH-015, or 1-Propyl-2-methyl-3-(1-naphthoyl)indole;
- JWH-018, or 1-Propyl-3-(1-naphthoyl)indole;
- JWH-019, or 1-Hexyl-3-(1-naphthoyl)indole;
- JWH-073, or 1-Butyl-3-(1-naphthoyl)indole;
- JWH-081, or 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole;
- JWH-098, or 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole;
- JWH-122, or 1-Pentyl-3-(4-methyl-1-naphthoyl)indole;
- JWH-164, or 1-pentyl-3-(7-methoxy-1-naphthoyl)indole;
- JWH-200, or 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole;
- JWH-210, or 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole;
- JWH-398, or 1-Pentyl-3-(4-chloro-1-naphthoyl)indole;
- AM-2201, or 1-(5-fluoropentyl)-3-(1-naphthoyl)indole;
- MAM2201, or (1-(5-fluoropentyl)-1H-indol-3-yl)(4-methyl-1-naphthalenyl)-methanone; and
- EAM2201, or (1-(5-fluoropentyl)-1H-indol-3-yl)(4-ethyl-1-naphthalenyl)-methanone;
-
Naphthylmethylindoles, or any compound structurally derived from an H-indol-3-yl-(1-naphthyl) methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation the following:
- JWH-175, or 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane; and
- JWH-184, or 1-Pentyl-1H-3-yl-(4-methyl-1-naphthyl)methane;
- Naphthoylpyrroles, or any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation JWH-307, or (5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone;
- Naphthylmethylindenes, or any compound structurally derived from 1-(1-napthylmethyl)indene with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent, including without limitation JWH-176, or E-1-[1-(1-Naphthalenylmethylene)-1H-inden-3-yl]pentane;
-
Phenylacetylindoles, or any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including without limitation the following:
- JWH-201, or 2-(4-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone;
- JWH-203, or 1-Pentyl-3-(2-chlorophenylacetyl)indole;
- JWH-250, or 1-Pentyl-3-(2-methoxyphenylacetyl)indole;
- JWH-251, or 1-Pentyl-3-(2-methylphenylacetyl)indole; and
- RCS-8, or 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole;
-
Cyclohexylphenols, or any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent, including without limitation the following:
- CP 47,497 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
- Cannabicyclohexanol or CP 47,497 C8 homologue, or 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; and
- CP 55,940, or 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-phenol;
-
Benzoylindoles, or any compound structurally derived from a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent, including without limitation the following:
- AM-694, or 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole;
- RCS-4, or 1-Pentyl-3-(4-methoxybenzoyl)indole;
- WIN-48,098 or Pravadoline, or (4-Methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-y]methanone;
- AM-2233, or 1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole; and
- RCS-4 (C4 homologue) or (4-methoxyphenyl)(1-butyl-1H-indol-3-yl)-methanone;
-
Adamantoylindoles, or Adamantoylindazoles, including Adamantyl Carboxamide Indoles and Adamantyl Carboxamide Indazoles, or any compound structurally derived from 3-(1-adamantoyl) indole, 3-(1-adamantoyl) indazole, or 3-(2-adamantoyl)indole by substitution at a nitrogen atom of the indole or indazole ring with alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole or indazole ring to any extent and whether or not substituted in the adamantyl ring to any extent, including without limitation the following:
- AM-1248, or 1-adamantyl-[1-[(1-methylpiperidin-2-yl)methyl]indol-3-yl]methanone;
- AB-001, or 1-adamantyl-(1-pentylindol-3-yl)methanone;
- 2NE1, or 1-pentyl-3-(1-adamantylamido)indole;
- JWH-018 adamantyl carboxamide, or 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indole-3-carboxamide;
- AKB-48, or N-(1-adamantyl)-pentyl-1H-indazole-3-carboxamide;
- 5F-AKB-48, or N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide; and
- STS-135, or N-(1-adamantyl)-1-(5-fluoropentyl)indole-3-carboxamide;
-
Tetramethylcyclopropylcarbonylindoles or any compound structurally derived from 3-(2,2,3,3-tetramethylcyclopropylcarbonyl) indole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl or 2-(4-morpholinyl) ethyl, whether or not further substituted in the indole ring to any extent, including without limitation the following:
- UR-144, or (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone;
- XLR-11, or [1-(5-fluoropentyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone;
- A-796,260, or [1-(2-morpholin-4-yl-ethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone;
- 5-Chloro-UR-144, or ([-(5-chloropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone;
- 5-Bromo-UR-144, or [1-(5-bromopentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone; and
- A-834,735, or 1-(tetrahydropyran-4-ylmethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone; or
-
Unclassified Synthetic Cannabinoids, including without limitation the following:
- CP 50556-1 hydrochloride, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate;
- HU-210, or (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
- HU-211, or Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
- Dimethylheptylpyran or DMHP;
- WIN55,212-2, or 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl-1-naphthalenylmethanone;
- URB597, or [3-(3-carbamoylphenyl)phenyl] N-cyclohexylcarbamate;
- URB754, or 6-methyl-2-[(4-methylphenyl)amino]-1-benzoxazin-4-one;
- AKB-48, or N-(1-adamantyl)-1-pentylindazole-3-carboxamide;
- CB-13, or 1-naphthalenyl[4-(pentyloxy)-1-naphthalenyl]-methanone;
- URB602, or cyclohexyl N-(3-phenylphenyl)carbamate;
- PB-22, or quinolin-8-yl 1-(5-pentyl)-1H-indole-3-carboxylate;
- 5F-PB-22, or quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate;
- BB-22, or quinolin-8-yl 1-(cyclohexylmethyl)-1H-indole-3-carboxylate;
- NNEI (MN-24), or N-1-naphthalenyl-1-pentyl-1H-indole-3-carboxamide; and
- 5F-NNEI, or 1-(5-fluoropentyl)-N-(naphthalen-1-yl)-1H-indole-3-carboxamide; or
-
-
A synthetic substance, derivative, or its isomers with:
- Similar chemical structure to any substance described in subdivisions (a)(1)-(5) of this section; or
- Similar pharmacological effects to any substance described in subdivisions (a)(1)-(5) of this section.
- However, the secretary shall not delete a controlled substance listed in this section from Schedule VI.
History. Acts 1971, No. 590, Art. 2, § 15, as added by Acts 1973, No. 186, § 1; 1979, No. 898, § 22; A.S.A. 1947, § 82-2614.2; Acts 1999, No. 1534, § 1; 2001, No. 320, § 3; 2007, No. 827, § 57; 2011, No. 751, § 2; 2013, No. 329, § 1; 2019, No. 504, § 2; 2019, No. 910, §§ 4841, 4842.
A.C.R.C. Notes. Acts 1987, No. 52, § 1, provided that dronabinol is a schedule II drug instead of a schedule VI drug when it is in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the U.S. Food and Drug Administration for medical treatment.
Acts 2001, No. 320, § 1, provided:
“(a) Gamma-hydroxybutyrate (‘GHB’) was not scheduled as a controlled substance by the Federal Drug Enforcement Administration or by the Director of the Arkansas Department of Health prior to 1999. Concerned about the potential for the substance's abuse, the Eighty-second General Assembly designated GHB as a Schedule VI controlled substance.
“(b) Subsequently, the Drug Enforcement Administration classified GHB as a Schedule I. In addition, the final rule of the Drug Enforcement Administration places Food and Drug Administration approved products containing GHB into Schedule III, if or when they are approved.
“(c) Since the legislature classified GHB as a schedule VI substance, the Director was precluded from scheduling GHB in a manner consistent with the scheduling designated by the Drug Enforcement Administration. As a result, criminal sanctions for the possession with the intent to deliver GHB are not as severe as other substances possessing similar harmful and abusive characteristics.
“(d) It is the purpose of this act to allow the director to adopt the Drug Enforcement Administration's scheduling of GHB pursuant to Arkansas Code 5-64-201.”
Amendments. The 2001 amendment deleted former (b) and (d) and redesignated the remaining subsections accordingly.
The 2011 amendment added “In addition to any substance placed in Schedule VI by the Director of the Department of Health under § 5-64-214” in the introductory language of (a); subdivided (a)(3) as (a)(3) and (6); inserted (a)(4) and (5); and inserted “to any substance described in subdivisions (a)(1)-(4) of this section” in (a)(6)(A) and (B).
The 2013 amendment deleted former (a)(4); redesignated former (a)(5) as (a)(4); added present (a)(5); rewrote (a)(6); and substituted “director” for “Director of the Department of Health” in (b).
The 2019 amendment by No. 504, in (a)(2), added “unless the tetrahydrocannabinol is” in the introductory language and added (A) through (C).
The 2019 amendment by No. 910 substituted “Secretary” for “Director” in the introductory language of (a); and substituted “secretary” for “director” in (b).
Research References
U. Ark. Little Rock L. Rev.
Survey of Legislation, 2001 Arkansas General Assembly, Criminal Law, 24 U. Ark. Little Rock L. Rev. 429.
Andrew Payne Norwood, Note: When Apples Taste Like Oranges, You Cannot Judge a Book by Its Cover: How to Fight Emerging Synthetic “Designer” Drugs of Abuse, 39 U. Ark. Little Rock L. Rev. 323 (2017).
Case Notes
Marijuana.
Although his drug test indicated he had used methamphetamine and marijuana, defendant only admitted to marijuana use at the supervised release revocation hearing and the government did not attempt to prove defendant possessed methamphetamine. Defendant's admission would only have qualified as a misdemeanor, which was a Grade C violation under U.S. Sentencing Guidelines Manual § 7B1.1(a)(3). Thus, the district court's consideration of the improper evidence of other pending state charges was not harmless error as defendant's sentence would not have been the same. United States v. Johnson, 710 F.3d 784 (8th Cir. 2013).
Cited: Hock v. State, 259 Ark. 67, 531 S.W.2d 701 (1976); White v. State, 260 Ark. 361, 538 S.W.2d 550 (1976); Gatlin v. State, 262 Ark. 485, 559 S.W.2d 12 (1977); United States v. Heater, 689 F.2d 783 (8th Cir. 1982); Anable v. Ford, 653 F. Supp. 22 (W.D. Ark. 1985).