Opinion No.

The Honorable Donna Hutchinson State Representative

24 Rillington Drive Bella Vista, Arkansas 72714-3204

Dear Representative Hutchinson:

This is in response to your request for my opinion on the following question concerning the substance known as "K2," which you describe as "a legal smoking blend of herbs and spices that is sprayed with synthetic cannabinoids":

Does the Director of the Department of Health have authority under Arkansas Code § 5-64-201 — 5-64-216 to adopt an emergency rule to place K2 among the state's listed controlled substances?

RESPONSE

In my opinion, the answer to this…