Legal Capacity

Marijuana is legal for Medicinal Use

Hemp is Legal

State Agency

Arkansas Medical Marijuana Commission
4815 W. Markham
Little Rock, AR 72205-3867
1-800-462-0599

 

What prompted your inquiry into the regulatory requirements in the State of Arkansas?

*Note that this resource page contains only the security compliance requirements relevant to a cannabis or marijuana business in Arkansas. To view the full regulatory requirements and standards for operational protocols (SOPs), please visit the link above and below. 

Security Requirements

AR – Arkansas Constitution  >  Constitution Of The  State Of Arkansas  Of 1874  >  AMENDMENTS TO THE CONSTITUTION OF ARKANSAS OF 1874  >  AMEND. 98. ARKANSAS MEDICAL MARIJUANA AMENDMENT OF 2016.
§  8. Licensing of dispensaries and cultivation facilities.
(r)  Data or records submitted to the division or commission under rules adopted under this amendment may be shared with the Department of Health and the State Insurance Department for purposes of the Arkansas all-payer claims database established under the Arkansas Healthcare Transparency Initiative Act of 2015, § 23-61-901 et seq.

(s)
(1)  A dispensary shall appoint a pharmacist consultant who is a pharmacist licensed with the Arkansas State Board of Pharmacy.
(2)  A pharmacist consultant shall:
(A)  Register as a dispensary agent under this amendment and follow all procedures;
(B)  Develop and provide training to other dispensary agents at least one (1) time every twelve (12) months from the initial date of the opening of the dispensary on the following subjects:
(i)  Guidelines for providing information to qualifying patients related to risks, benefits, and side effects associated with medical marijuana;
(ii)  Recognizing the signs and symptoms of substance abuse; and
(iii)  Guidelines for refusing to provide medical marijuana to an individual who appears to be impaired or abusing medical marijuana;
(C)  Assist in the development and implementation of review and improvement processes for patient education and support provided by the dispensary;
(D)  Provide oversight for the development and dissemination of:
(i)  Education materials for qualifying patients and designated caregivers that include:
(a)  Information about possible side effects and contraindications of medical marijuana;
(b)  Guidelines for notifying the physician who provided the written certification for medical marijuana if side effects or contraindications occur;
(c)  A description of the potential effects of differing strengths of medical marijuana strains and products;
(d)  Information about potential drug-to-drug interactions, including interactions with alcohol, prescription drugs, nonprescription drugs, and supplements;
(e)  Techniques for the use of medical marijuana and marijuana paraphernalia; and
(f)  Information about different methods, forms, and routes of medical marijuana administration;
(ii)  Systems for documentation by a qualifying patient or designated caregiver of the symptoms of a qualifying patient that includes a logbook, rating scale for pain and symptoms, and guidelines for a patient’s self-assessment; and
(iii)  Policies and procedures for refusing to provide medical marijuana to an individual who appears to be impaired or abusing medical marijuana; and
(E)  Be accessible to the dispensary or dispensary agent through:
(i)  Telephonic means at all times during operating hours; and
(ii)  Telephone or video conference for a patient consultation during operating hours.

(t)
(1)  A cultivation facility shall meet the following security requirements:
(A)
(i)  The physical security controls set forth in 21 C.F.R. § 1301.72 — 1301.74, as existing on January 1, 2017.
(ii)  The division shall adopt rules to implement subdivision (t)(1)(A)(i) of this section;
(B)  All cultivation of marijuana occurs within a building, greenhouse, or other structure that:
(i)  Has a complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof;
(ii)  Is secure against unauthorized entry;
(iii)  Has a foundation, slab, or equivalent base to which the floor is securely attached;
(iv)  Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of:
(a)  Common visual observation;
(b)  Odors, smells, fragrances, or other olfactory stimuli;
(c)  Light pollution, glare, or brightness;
(d)  Adequate ventilation to prevent mold; and
(e)  Noise;
(v)  Provides complete visual screening; and
(vi)  Is accessible only through one (1) or more lockable doors;
(C)  Current detailed plans and elevation drawings of all operational areas involved with the production of medical marijuana are maintained on the premises of the cultivation facility, including:
(i)  All storage areas, ventilation systems, and equipment used for production;
(ii)  All entrances and exits to the cultivation facility;
(iii)  All windows, skylights, and retractable mechanisms built into the roof;
(iv)  The location of all required security cameras;
(v)  The location of all alarm inputs, detectors, and sirens;
(vi)  All video and alarm system surveillance areas;
(vii)  All production areas labeled according to the specific activity occurring within the area;
(viii)  All restricted and limited access areas identified; and
(ix)  All nonproduction areas labeled according to purpose;
(D)  Access to areas where marijuana is grown, harvested, processed, and stored is limited to authorized personnel and:
(i)  Designated by clearly marked signage; and
(ii)  Locked and accessible only by authorized personnel on a current roster of authorized personnel;
(E)
(i)  Written policies regarding any nonregistered agent who may visit the premises and a log of all visitors to the premises are developed and maintained.
(ii)  The log shall consist of the visitor’s name, purpose of visit, time of arrival, and time of departure.
(iii)  Visitors to a cultivation facility shall be:
(a)  Issued a visitor identification tag containing the visitor’s name that shall be worn for the duration of the visit on the premises; and
(b)  Escorted by a cultivation facility agent at all times while present on the premises.
(iv)
(a)  However, contractors conducting repairs, maintenance, or other specific duties may be escorted to their work site and left unaccompanied while completing a job.
(b)  Cultivation facility agents shall ensure that the contractor and area under repair are under video surveillance for the duration of the time spent on the premises by the contractor; and
(F)
(i)  An alarm system is equipped that upon attempted unauthorized entry, transmits a signal directly to a central protection company for a local or state police agency and a designated cultivation facility agent.
(ii)  The alarm system shall:
(a)  Provide coverage for all points of ingress and egress to the cultivation facility, including without limitation doorways, windows, loading bays, skylights, and retractable roof mechanisms;
(b)  Provide coverage of any room with an exterior wall, any room containing a safe, and any room used to grow or store medical marijuana;
(c)  Be equipped with a panic drive that upon activation will not only sound any audible alarm components but will also notify law enforcement;
(d)  Have duress and hold up features to enable a cultivation facility agent to activate a silent alarm notifying law enforcement of an emergency;
(e)  Be equipped with failure notification systems to notify cultivation facilities and law enforcement of any failure in the alarm system; and
(f)  Have the ability to remain operational during a power outage.
(2)  A cultivation facility shall maintain compliance with applicable city or county building or structure rules, regulations, or ordinances and any other applicable state laws or rules regarding buildings or structures.  [As amended by Acts 2017, No. 4, §§  4-6; 2017, No. 545, § 2; 2017, No. 587, § 1; 2017, No. 594, §§ 1, 2; 2017, No. 639, § 2; 2017, No. 640, § 1; 2017, No. 641, § 1; 2017, No. 642, § 1; 2017, No. 948, § 2; 2017, No. 1023, § 3; 2017, No. 1024, §§ 2, 3; 2017, No. 1100, § 1, 2; 2017 (1st Ex. Sess.), No. 1, § 6; 2017 (1st Ex. Sess.), No. 8, § 6; 2019, No. 1004, §  1.]

 

§  10. Dispensary and cultivation facility inspections and requirements.

(a)  Dispensaries and cultivation facilities are highly regulated by the state, and a dispensary and cultivation facility is therefore subject to reasonable inspection by the Alcoholic Beverage Control Division.

(b)

(1)  This subsection governs the operations of dispensaries and cultivation facilities.

(2)  A dispensary and a cultivation facility shall be an entity incorporated in the State of Arkansas.

(3)  A dispensary and cultivation facility shall implement appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and the theft of marijuana.

(4)  A dispensary and cultivation facility shall have procedures in place to ensure accurate recordkeeping.

(5)  Each dispensary shall keep the following records, dating back at least three (3) years:

(A)  Records of the disposal of marijuana that is not distributed by the dispensary to qualifying patients; and

(B)  A record of each transaction, including the amount of marijuana dispensed, the amount of compensation, and the registry identification number of the qualifying patient or designated caregiver.

(6)  Each dispensary and cultivation facility shall:

(A)  Conduct an initial comprehensive inventory of all marijuana, including without limitation usable marijuana available for dispensing, mature marijuana plants, and seedlings at each authorized location on the date the dispensary first dispenses usable marijuana or the cultivation facility first cultivates, prepares, manufactures, processes, or packages usable marijuana; and

(B)  Conduct a biannual comprehensive inventory of all marijuana, including without limitation usable marijuana available for dispensing, mature marijuana plants, and seedlings at each authorized location.

(7)  All cultivation of marijuana shall take place in an enclosed, locked facility.

(8)

(A)  A qualifying patient or designated caregiver acting on behalf of a qualifying patient shall not be dispensed more than a total of two and one-half ounces (2 ½ oz.) of usable marijuana during a fourteen-day period.

(B)  A dispensary or a dispensary agent may not dispense more than a total of two and one-half ounces (2 ½ oz.) of usable marijuana to either a qualifying patient or designated caregiver acting on behalf of a qualifying patient during a fourteen-day period.

(C)  Each time a dispensary agent dispenses usable marijuana to a qualifying patient or designated caregiver, he or she shall verify that the dispensing of usable marijuana would not cause the qualifying patient or designated caregiver to receive more usable marijuana than is permitted in a fourteen-day period.

(D)  Each time usable marijuana is dispensed, the dispensary agent shall:

(i)  Record the date the usable marijuana was dispensed and the amount dispensed; and

(ii)  Notify the Department of Health in the manner required by the department.

(E)  The department shall maintain a database that enables a dispensary to verify that dispensing usable marijuana to a qualifying patient or designated caregiver will not cause the qualifying patient or designated caregiver to exceed the amount allowed by law.

(F)  All records shall be kept according to the registry identification number of the qualifying patient or designated caregiver.

(G)  It is the specific intent of this Amendment that no qualifying patient or designated caregiver acting on behalf of a qualifying patient be dispensed more than a total of two and one-half ounces (2 ½ oz.) of usable marijuana during a fourteen-day period whether the usable marijuana is dispensed from one or any combination of dispensaries.

(9)  The dispensary records with patient information shall be treated as confidential records that are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. [As amended by Acts 2017, No. 5, § 3.]

 

AR – Arkansas Constitution  >  Constitution Of The  State Of Arkansas  Of 1874  >  AMENDMENTS TO THE CONSTITUTION OF ARKANSAS OF 1874  >  AMEND. 98. ARKANSAS MEDICAL MARIJUANA AMENDMENT OF 2016.

  • 24.Licensure for transporters, distributers, and processers.

 

 

(a)

(1)  The Medical Marijuana Commission shall license transporters, distributors, and processers.

(2)  The Alcoholic Beverage Control Division shall administer and enforce the provisions of this section concerning transporters, distributers, and processors.

(b)  The owners, board members, or officers of a transporter, distributor, or processor shall not:

(1)  Have been convicted of an excluded felony offense;

(2)  Have previously been an owner of a dispensary, cultivation facility, transporter, distributor, or processor that has had a license revoked; and

(3)  Be under twenty-one (21) years of age.

(c)  The commission may conduct a criminal records check in order to carry out this section.

(d)

(1)  A transporter license, distributor license, and processor license shall expire one (1) year after the date of issuance.

(2)  The commission shall issue a renewal license within ten (10) days to any entity who complies with the requirements contained in this amendment, including without limitation the payment of a renewal fee.

(e)  The commission may charge a reasonable fee as established by rule for the issuance of an initial license and a renewal license.

(f)

(1)

(A)  A transporter or distributer licensed under this section may:

(i)  Acquire, possess, deliver, transfer, transport, or distribute marijuana to a dispensary, cultivation facility, or processor; and

(ii)  Receive compensation for providing services allowed by this section.

(B)  A transporter or distributor licensed under this section shall not grow, manufacture, process, prepare, supply, or dispense marijuana.

(2)

(A)  A processer licensed under this section may:

(i)  Acquire, possess, manufacture, process, prepare, deliver, transport, and supply marijuana to a dispensary or cultivation facility; and

(ii)  Receive compensation for providing services allowed by this section.

(B)  A processer licensed under this section shall not grow or dispense marijuana.

(g)  The division may make reasonable inspections on a transporter, distributer, and processor to ensure that the transporter, distributor, and processer:

(1)  Is an entity incorporated in the State of Arkansas;

(2)  Has implemented appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and the theft of marijuana;

(3)  Conducts an initial comprehensive inventory of all marijuana and a biannual comprehensive inventory of all marijuana; and

(4)  Records each transaction between the transporter, distributer, or processer and a dispensary, cultivation facility, or another processer and maintains the records for three (3) years;

(5)  Has adopted procedures to ensure accurate recordkeeping.

(h)

(1)  The commission shall adopt rules governing the applications for a transporter license, distributor license, or processer license.

(2)  The division shall adopt rules governing:

(A)  Oversight requirements for transporters, distributers, and processers;

(B)  Recordkeeping requirements for transporters, distributers, and processers;

(C)  Security requirements for transporters, distributers, and processers;

(D)  Personnel requirements for transporters, distributers, and processers;

(E)  The manufacture, processing, packaging, and dispensing of usable marijuana to qualifying patients and designated caregivers;

(F)  Procedures for suspending or terminating the licenses of transporters, distributers, and processers that violate the provisions of this amendment or the rules adopted under this amendment, procedures for appealing penalties, and a schedule of penalties;

(G)  Procedures for inspections and investigations of transporters, distributers, and processers;

(H)  Advertising restrictions for transporters, distributers, and processers; and

(J)  Any other matters necessary to the fair, impartial, stringent, and comprehensive administration of the duties of the division under this section. [As added by Acts 2017, No. 642, § 3.]

Arkansas’ cannabis shops rake in $28 million

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