# Ark. Code Ann. § 20-64-304: Penalties

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-304

## Section

- **Citation:** Ark. Code Ann. § 20-64-304
- **Heading:** Penalties
- **Jurisdiction:** Arkansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AR Code / Title 20 / Chapter 64 / Subchapter 3 / Section 20-64-304

## Text

(a) (1) Any person violating any of the provisions of this subchapter commits a felony and shall, upon conviction, be fined not more than two thousand dollars ($2,000) or be imprisoned in the state penitentiary for not more than two (2) years, or be both fined and imprisoned, in the discretion of the court. (2) For a second offense, the offender commits a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary for not less than three (3) years nor more than (5) years. (3) For a third or subsequent offense, the offender commits a felony and shall be fined not more than five thousand dollars ($5,000) and be imprisoned in the state penitentiary for not less than five (5) years nor more than ten (10) years. (b) No person shall be subject to the penalties of subsection (a) of this section, for having violated § 20-64-306(9) and (10) if the person acted in good faith and had no reason to believe that use of the punch, die, plate, stone, or other thing involved would result in a drug's being a counterfeit drug or for having violated § 20-64-306(10) if the person doing the act or causing it to be done acted in good faith and had no reason to believe that the drug was a counterfeit drug. Acts 1967, No. 492, § 4; 1975, No. 928, § 25; A.S.A. 1947, § 82-2104.

(a) (1) Any person violating any of the provisions of this subchapter commits a felony and shall, upon conviction, be fined not more than two thousand dollars ($2,000) or be imprisoned in the state penitentiary for not more than two (2) years, or be both fined and imprisoned, in the discretion of the court. (2) For a second offense, the offender commits a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary for not less than three (3) years nor more than (5) years. (3) For a third or subsequent offense, the offender commits a felony and shall be fined not more than five thousand dollars ($5,000) and be imprisoned in the state penitentiary for not less than five (5) years nor more than ten (10) years.

(1) Any person violating any of the provisions of this subchapter commits a felony and shall, upon conviction, be fined not more than two thousand dollars ($2,000) or be imprisoned in the state penitentiary for not more than two (2) years, or be both fined and imprisoned, in the discretion of the court.

(2) For a second offense, the offender commits a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary for not less than three (3) years nor more than (5) years.

(3) For a third or subsequent offense, the offender commits a felony and shall be fined not more than five thousand dollars ($5,000) and be imprisoned in the state penitentiary for not less than five (5) years nor more than ten (10) years.

(b) No person shall be subject to the penalties of subsection (a) of this section, for having violated § 20-64-306(9) and (10) if the person acted in good faith and had no reason to believe that use of the punch, die, plate, stone, or other thing involved would result in a drug's being a counterfeit drug or for having violated § 20-64-306(10) if the person doing the act or causing it to be done acted in good faith and had no reason to believe that the drug was a counterfeit drug.

Acts 1967, No. 492, § 4; 1975, No. 928, § 25; A.S.A. 1947, § 82-2104.

## Nearby sections

- [Ark. Code Ann. § 20-64-301 Title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-301.md)
- [Ark. Code Ann. § 20-64-302 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-302.md)
- [Ark. Code Ann. § 20-64-303 Minor violations of subchapter](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-303.md)
- [Ark. Code Ann. § 20-64-304 Penalties](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-304.md)
- [Ark. Code Ann. § 20-64-305 Duty of prosecuting attorneys](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-305.md)
- [Ark. Code Ann. § 20-64-306 Prohibited acts](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-306.md)
- [Ark. Code Ann. § 20-64-307 Seizure and forfeiture of contraband - Generally](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-307.md)
- [Ark. Code Ann. § 20-64-308 Seizure and forfeiture of contraband - Hearing and disposition](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-308.md)
- [Ark. Code Ann. § 20-64-309 Depressant and stimulant drugs - Manufacturing, compounding, or processing prohibited - Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-309.md)
- [Ark. Code Ann. § 20-64-310 Depressant and stimulant drugs - Sale, delivery, or disposal prohibited - Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-310.md)
- [Ark. Code Ann. § 20-64-311 Depressant and stimulant drugs - Possession prohibited - Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-311.md)
- [Ark. Code Ann. § 20-64-312 Depressant and stimulant drugs - Falsely obtaining or attempting to obtain prohibited - Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-312.md)
- [Ark. Code Ann. § 20-64-313 Depressant and stimulant drugs - Records by certain persons required](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-313.md)
- [Ark. Code Ann. § 20-64-314 Depressant and stimulant drugs - Limitations on filling of prescriptions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-314.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C64_S3_S20-64-304. Check the current official text before relying on it. Not legal advice.