Ark. Code Ann. » Title 5 Chapter 64
Arkansas Code Annotated

Ark. Code Ann. § 5-64-414 (2026)

Controlled substance analog

✓ current as of May 2026
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    1. “Controlled substance analog” means a substance:
      1. 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
      2. 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:
      1. A controlled substance;
      2. A substance for which there is an approved new drug application;
      3. 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
      4. Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.
  2. 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.
  3. 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).
  4. 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.

History. Acts 1989 (3rd Ex. Sess.), No. 84, § 1; 2005, No. 1994, § 306; 2019, No. 910, § 4844.

Amendments. The 2005 amendment rewrote this section.

The 2019 amendment substituted “Secretary” for “Director” in (c).

Notes of Decisions
Cited in 5 cases, 1992–2009 · leading case: Moore v. State, 903 S.W.2d 154 (Ark. 1995).
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Moore v. State, 903 S.W.2d 154 (Ark. 1995). · cites it 18× “Appellant, Steve Sinatra Moore, appeals the order of the Ashley County Circuit Court of his conviction, by jury trial, of continuing criminal enterprise (CCE) under Ark. Code Ann. § 5-64-414 (Repl. 1993) and sentence of imprisonment for forty years and fine of $5,000.”
Calvin v. State, 862 S.W.2d 832 (Ark. 1993). · cites it 5× “This case primarily concerns a conviction under our continuing criminal enterprise statute, (CCE), Ark. Code Ann. § 5-64-414 (1987), a part of the Uniform Controlled Substances Act, Ark.”
Hughey v. State, 840 S.W.2d 183 (Ark. 1992). · cites it 6× “Rickey Hughey appeals from a judgment of conviction for engaging in a continuing criminal enterprise in violation of Ark. Code Ann. § 5-64-414 (Supp. 1991). Hughey’s conviction resulted in a sentence of thirty years in the Department of Correction.”
Flowers v. Norris, 68 S.W.3d 289 (Ark. 2002). “statute provides: (d)(1) Notwithstanding any provision of law to the contrary, separate convictions and sentences are authorized for: (A) Capital murder, § 5-10-101, and any felonies utilized as underlying felonies for the murder; (B) Murder in the first degree, § 5-10-102, and…”
Campbell v. State, 2009 Ark. 540, 354 S.W.3d 41. · cites it 2× “See Ark.Code Ann. § 5-64-414 (Supp.1991). Pursuant to Arkansas Code Annotated section 5-74-104(a)(l)(B) (Repl.”
Ark. Code Ann. § 5-64-414(b): 1 case
Moore v. State, 903 S.W.2d 154 (Ark. 1995). “Appellant, Steve Sinatra Moore, appeals the order of the Ashley County Circuit Court of his conviction, by jury trial, of continuing criminal enterprise (CCE) under Ark. Code Ann. § 5-64-414 (Repl. 1993) and sentence of imprisonment for forty years and fine of $5,000.”
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