Pill testing kits may be illegal in the State of Arkansas

[Invalid Usename]

I discovered this by accident during an unrelated google search. I am not an attorney, and it would be prudent to have someone with formal legal training look at this before drawing any final conclusions.

Reference: Chapter 64. - Controlled Substances.


http://www.arkleg.state.ar.us/NXT/g...ter04583.htm/subchapter04607/section04610.htm

5-64-403. Fraud - Drug paraphernalia - Criminal penalties.


(a) It is unlawful for any person knowingly or intentionally:
(1) To distribute as a registrant a controlled substance classified in Schedules I or II, except pursuant to an order form as required by § 5-64-307;

(2) To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or theft;

(3) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under subchapters 1-6 of this chapter, or any record required to be kept by subchapters 1-6 of this chapter; or

(4) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.

(5)(i) To agree, consent, or in any manner offer to unlawfully sell, furnish, transport, administer, or give any controlled substance to any person, or to arrange for any of the above, and then to substitute a non-controlled substance in lieu of the controlled substance bargained for.

(ii) The proffer of a controlled substance shall create a rebuttable presumption of intent to deliver which does not require additional showing of specific intent to substitute a noncontrolled substance.

(b)(1) Any person who violates any provision of subdivisions (a)(1)-(4) of this section is guilty of a Class C felony.

(2) Any person who violates subdivision (a)(5) of this section with respect to:

(i) A noncontrolled substance represented to be a controlled substance classified in Schedules I or II, which is a narcotic drug, is guilty of a Class B felony;

(ii) Any other noncontrolled substance represented to be a controlled substance classified in Schedules I, II, or III, is guilty of a Class C felony;

(iii) A noncontrolled substance represented to be a controlled substance classified in Schedule IV, is guilty of a Class C felony;

(iv) A noncontrolled substance represented to be a controlled substance classified in Schedule V, is guilty of a Class C felony;

(v) A noncontrolled substance represented to be a controlled substance classified in Schedule VI, is guilty of a Class D felony.

(c)(1)(A)(i) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of subchapters 1-6 of this chapter.

(ii) A violation of this subdivision (c)(1)(A)(i) is a Class A misdemeanor.

(B) Any person who violates this section in the course of and in furtherance of a felony violation of subchapters 1-6 of this chapter is guilty of a Class C felony.

(2)(A) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of subchapters 1-6 of this chapter. Any person who violates this subdivision (c)(2)(A) of this section is guilty of a Class A misdemeanor.

(B) Any person who violates subdivision (c)(2)(A) of this section in the course of and in furtherance of a felony violation of subchapters 1-6 of this chapter is guilty of a Class C felony.

(3)(A) Any person eighteen (18) years of age or over who violates subdivision (c)(2) of this section immediately preceding by delivering drug paraphernalia in the course of and in furtherance of a felony violation of subchapters 1-6 of this chapter to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a Class B felony.

(B) Delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is a Class A misdemeanor.

(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of counterfeit substances or of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of a Class C felony.

(5) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to manufacture methamphetamine in violation of this chapter. Any person who pleads guilty, nolo contendere, or is found guilty of violating the provisions of this subsection shall be guilty of a Class B felony and shall be fined an amount not exceeding fifteen thousand dollars ($15,000).


History. Acts 1971, No. 590, Art. 4, § 3; 1972 (Ex. Sess.), No. 67, § 2; 1977, No. 557, § 3; 1981, No. 78, § 2; 1981, No. 116, §§ 2, 3; 1981, No. 117, § 1; 1983, No. 787, § 6; A.S.A. 1947, § 82-2619; Acts 1999, No. 326, § 1; 1999, No. 1268, § 3; 2001, No. 1451, § 1.

Here is where the Draft Bill appears:
http://www.arkleg.state.ar.us/ftproot/acts/1999/htm/act326.htm



It appears that, depending on the circumstances, someone could be charged with either a Class A misdemeanor or a Class C felony for posessing a pill testing kit.


Like I mentioned, this really needs to be looked at by someone with a professional legal background.


I wonder how long it will be before it is a crime to daydream about drugs...

 

[easy e]

well, technically spoken, you do not know whether you have a controlled substance until you test it. but , we do not claim to do anymore than to give an indication as to its contents. no guarantees , hence no test nor analysis of any formal kind, they're presumptive. It just shows a functional group on a molecule and there are many many substances that can give a similar reaction.

 

[Invalid Usename]

well, technically spoken, you do not know whether you have a controlled substance until you test it...

That isn't what the law is addressing. Based on the law's wording, simply having the test kit in your possession (without suspected substances) can result in a Class A misdemeanor.

It looks like they made test kits illegal whether drugs are involved or not.

 

[easy e]

paraphernalia are usually interpreted as goods that one needs in order to take a controlled substance. by your reasoning, possession of ziplock baggies or tinfoil would be the same misdemeanor since these are commonly used to pack the dope and to smoke it from.
again I want to emphasize that our tests do not guarantee certain outcomes, hence the test results are nothing more than a good indication as to the contents of a pill.

 

[Invalid Usename]

by your reasoning...

Don't shoot me, I'm only the messenger. 8)

Read the law yourself. According to its wording, anyone possessing a drug test kit in the State of Arkansas is technically violating the law.

You and I can argue until our faces turn blue, but if someone ends up getting caught and charged with a test kit there, are you going to make an appearance at their trial to argue the "baggy defense?"

My personal views are that government has no right to determine what an individual does with their own body. I also feel that such laws are wrong and violate basic human rights. At the same time, I feel that it is unethical to not reveal issues of safety.

And the fact that some bozos in Arkansas are putting laws like this on their books creates a risk to those who may wish to use such drug test kits. It is one thing for someone to understand the chances that they are taking. It is another for someone to be in danger of incarceration and to not be aware of it.

I didn't make this law and I don't agree with it (I don't even live in Arkansas). But if you want to argue about its lack of merits, then I would suggest that you get on a plane and go talk to the idiots in the Arkansas State assembly who put crap like this on their books.

The fact is that someone living in Arkansas must know the dangers involved so that they at least are informed. And you an I talking about baggies and tin foil on at drug harm reduction forum located in the Netherlands isn't going to do shit for someone who gets busted in Arkansas for being in possession of a drug test kit. Is it?

Now, unless someone with a law degree can look at this and make better sense of it than we can, I would suggest at least making everyone aware of it so they are informed and are aware of their risks.

 

[easy e]

i'll say again what I said before, it's not a test. it's a toy. as stated in the accompanying leaflet: for entertainment purposes only, no rights or guarantees can be derived from the use of this product. it's like a 'my first chemistry kit'. really, I do not think it's illegal. the same phrase is present in the legislation for all states. I have spoken about this with dancesafe years ago, they checked it out and said it was allright to sell. I will try and find the documentation about this.