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Ark. Code Ann. § 5-64-402

Controlled substances — Offenses relating to records, maintaining premises, etc

Applied in 16 court decisions — leading case Stewart v. State (1995)

Most recently applied in 2024 Ark. App. 400 - Calvin Hart v. State of Arkansas (September 2024)

Acts 1971, No. 590, Art. 4, § 2; 1975 (Extended Sess., 1976), No. 1225, § 1; 1977, No. 557, § 2; A.S.A. 1947, § 82-2618; reen

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) It is unlawful for any person: To refuse an entry into any premises for any inspection authorized by this chapter; or

(2) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, or other structure or place or premise that is resorted to by a person for the purpose of using or obtaining a controlled substance in violation of this chapter or that is used for keeping a controlled substance in violation of this chapter.

(3) Any person who violates this section is guilty of a Class C felony.

(4) However, a violation of this section is a Class B felony if the violation is committed on or within one thousand feet (1,000') of the real property of a certified drug-free zone.

(5) As used in this section: “Certified drug-free zone” means: A city or state park;

(6) A public or private elementary or secondary school, public vocational school, or public or private college or university;

(7) A designated school bus stop as identified on the route list published by a public school district annually;

(8) A publically funded and administered multifamily housing development;

(9) A skating rink, Boys and Girls Club, YMCA, YWCA, community center, recreation center, or video arcade;

(10) A drug or alcohol treatment facility;

(11) A day care center;

(12) A church; or

(13) A shelter as defined in § 9-4-102; and

(14) “Recreation center” means a public place consisting of various types of entertainment including without limitation: Billiards or pool;

(15) Ping pong or table tennis;

(16) Bowling;

(17) Video games;

(18) Pinball machines; or

(19) Any other similar type of entertainment.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.