20 CAR pt. 810 | 20 CAR Part 810 — Rules Governing the Oversight of Medical Marijuana Cultivation Facilities, Processors, and Dispensaries by the Alcoholic Beverage Control Division

Chapter XXI

Subchapter A

Subpart 1

20 CAR § 810-101 Scope {#sec-20-car-810-101 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-101}

20 CAR § 810-101. Scope.

This part governs the:

(1) Oversight of medical marijuana cultivation facilities, processors, and dispensaries in Arkansas;

(2) Requirements for record keeping, security, and personnel at:

(A) Cultivation facilities;

(B) Processors; and

(3) Requirements for the manufacturing, processing, packaging, dispensing, disposing, advertising, and marketing of medical marijuana by:

(A) Cultivation facilities;

(B) Processors; and

(4) Procedures for inspecting and investigating:

(A) Cultivation facilities;

(B) Processors; and

(5) Procedures for sanctioning, suspending, and terminating cultivation facility, processors, and dispensary licenses for violations of the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98, or this part.

20 CAR § 810-102 Definitions {#sec-20-car-810-102 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-102}

20 CAR § 810-102. Definitions.

As used in this part:

(1) “Acquire” or “acquisition” means coming to possess marijuana by means of any legal source herein authorized, not from an unauthorized source, and in accordance with the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98, and any rules promulgated under the amendment;

(2) “Amendment” means the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;

(3) “Approved laboratory” means a laboratory that:

(A) Is accredited by:

(i) The National Institute on Drug Abuse (NIDA);

(ii) The National Environmental Laboratory Accreditation Conference (NELAC); and

(iii) The International Organization for Standardization (ISO) or similar accrediting entity as determined by the Department of Health; and

(B) Has been approved by the Department of Health specifically for the testing of usable marijuana;

(4) “Authorized personnel” means any employee employed by a licensed facility and granted permission by the facility to enter into restricted areas;

(5) “Batch” means:

(A) With regard to usable marijuana, a homogenous, identified quantity of usable marijuana, no greater than ten pounds (10 lbs.), that is harvested during a specified time period from a specified cultivation area; and

(B) With regard to oils, vapors, and waxes derived from usable marijuana, an identified quantity that is:

(i) Uniform;

(ii) Intended to meet specifications for identity, strength, and composition; and

(iii) Manufactured, packaged, and labeled during a specified time period according to a single manufacturing, packaging, and labeling protocol;

(6) “Biannual” means every six (6) months;

(7) “Cannabinoid” means any of the chemical compounds that are the active constituents of marijuana;

(8) “Cannabinoid concentrate” means a substance obtained by separating cannabinoids from marijuana by a:

(A) Mechanical extraction process;

(B) Chemical extraction process using a nonhydrocarbon-based or other solvent, such as:

(i) Water;

(ii) Vegetable glycerin;

(iii) Vegetable oils;

(iv) Animal fats;

(v) Isopropyl alcohol;

(vi) Ethanol; or

(C) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, provided that the process does not involve the use of pressure or heat over one hundred eighty degrees (180°);

(9) “Cannabinoid edible” means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract, or dried marijuana leaves or flowers have been incorporated;

(10) “Cannabinoid extract” means a substance obtained by separating cannabinoids from marijuana by:

(A) A chemical extraction process using a hydrocarbon-based solvent, such as:

(i) Butane;

(ii) Hexane; or

(iii) Propane;

(B) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure; or

(11) “Cardholder” means a:

(A) Qualifying patient;

(B) Dispensary agent;

(D) Transporter agent;

(E) Processor facility agent; or

(F) Designated caregiver;

(12) “Commercially available” means any candy, food, gum, or beverage that is produced or sold by a third party;

(13) “Commission” means the Medical Marijuana Commission;

(14) “Contractor” means any person or business under contract to complete repairs or improvements or to provide services to the licensed facility;

(15) “Cultivation facility” means an entity that:

(A) Has been licensed by the Medical Marijuana Commission; and

(B) Cultivates, prepares, manufactures, processes, packages, sells, and delivers usable marijuana to a dispensary;

(16) “Cultivation facility agent” means an employee, supervisor, or agent of a cultivation facility who:

(A) Is twenty-one (21) years of age or older;

(B) Works at the cultivation facility; and

(17) “Department” means the Department of Health;

(18) “Deliver” means to move medical marijuana product between a licensed dispensary and a qualified patient or designated caregiver;

(19) “Designated caregiver” means:

(A) A person who:

(i) Is at least twenty-one (21) years of age;

(ii) Has not been convicted of an excluded felony offense;

(iii) Has agreed to assist a physically disabled qualifying patient with the medical use of marijuana; and

(iv) Has registered with the Department of Health pursuant to the requirements of the Arkansas Medical Marijuana Amendment 2016, Ark. Const. amend. 98, and this part.

(B) “Designated caregiver” includes, without limitation, a parent:

(i) Of a qualifying patient who is under the age of eighteen (18); and

(ii) Required to register as a designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;

(20) “Dispensary” means an entity that has been licensed by the Medical Marijuana Commission pursuant to the requirements of the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;

(21) “Dispensary agent” means:

(A) An employee, supervisor, volunteer, or agent of a dispensary who:

(i) Is twenty-one (21) years of age or older;

(ii) Works at the dispensary; and

(iii) Has registered with the Alcoholic Beverage Control Division; and

(B) An owner, officer, or board member of a dispensary who has registered with the Alcoholic Beverage Control Division pursuant to the requirements of the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;

(22) “Division” means the Alcoholic Beverage Control Division;

(23) “Enclosed, locked facility” means a room, greenhouse, or other enclosed area equipped with locks or other security devices that permit access only by an authorized individual;

(24) “Enforcement” means the Alcoholic Beverage Control Enforcement Division;

(25) “Excluded felony offense” means:

(A)(i)(a) A felony offense as determined by the jurisdiction where the felony offense occurred.

(b) The Medical Marijuana Commission, the Department of Health, or the Alcoholic Beverage Control Division shall determine whether an offense is a felony offense based upon a review of the relevant court records concerning the conviction for the offense.

(ii) An offense that has been sealed by a court or for which a pardon has been granted is not considered an excluded felony offense; or

(B) A violation of state or federal controlled-substance law that was classified as a felony in the jurisdiction where the person was convicted, but not including an offense:

(i) For which the sentence, including any term of probation, incarceration, or supervised release, was completed ten (10) or more years earlier; or

(ii) That has been sealed by a court or for which a pardon has been granted;

(26) “Flowering” means the reproductive state of cannabis in which the plant is in a light cycle intended to stimulate the production of flowers, trichrome, and cannabinoids characteristic of marijuana;

(27) “Harvest lot” means a specifically identified quantity of marijuana that is:

(A) Uniform in strain;

(B) Cultivated using the same growing practices;

(D) Cured under uniform conditions;

(28) “Immature marijuana plant” means a seedling or nonflowering marijuana plant;

(29) “Inventory tracking system” means the required seed to sale tracking system that tracks medical marijuana from either seed or immature plant state until the usable marijuana is sold to a qualified patient or designated caregiver or is destroyed;

(30) “Licensed facility” means either a cultivation facility, processor, transporter, or dispensary licensed by the Medical Marijuana Commission;

(31) “Lot” means:

(A) An identified portion of a batch, that is uniform and that is intended to meet specifications for:

(i) Identity;

(ii) Strength; and

(iii) Composition; or

(B) In the case of a vapor, oil, or wax derived from usable marijuana, an identified quantity produced in a specified period of time in a manner that is uniform and that is intended to meet specifications for:

(i) Identity;

(ii) Strength; and

(iii) Composition;

(32) “Manufacturing and processing”:

(A) Means the manufacturing, processing, compounding, or conversion of marijuana into cannabinoid:

(i) Products;

(ii) Concentrates; or

(iii) Extracts; and

(B) Does not mean the drying of marijuana;

(33) “Marijuana” or “medical marijuana” means marijuana in any form described in the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98, or rules promulgated by:

(A) The Alcoholic Beverage Control Division;

(B) The Department of Health; or

(34) “Mature marijuana plant” means a marijuana plant that is flowering;

(35) “Medical marijuana container” means a sealed, traceable, food-compliant, child-proof packaging that:

(A) Cannot be opened by a child or that prevents ready access to toxic or harmful amounts of the packaged product; and

(B) Meets the testing requirements in accordance with the method described in 16 C.F.R. § 1700.20, as existing on January 1, 2017;

(36) “Process lot” means any amount of cannabinoid:

(A) Concentrates or extract of the same type and processed at the same time using the same extraction methods, standard operating procedures, and batches for the harvest lot; or

(B) Products of the same type and processed at the same time using the same ingredients, standard operating procedures, and batches from the same harvest lot or process lots of cannabinoid concentrate or extract;

(37) “Processor” means an entity that:

(A) Has been licensed by the Medical Marijuana Commission; and

(B) May acquire, possess, manufacture, process, prepare, deliver, transport, and supply marijuana to a dispensary or cultivation facility;

(38) “Processor agent” means an employee, supervisor, or agent of a processor who:

(A) Is twenty-one (21) years of age or older;

(B) Works at the processor; and

(39) “Production area” means any area in a cultivation facility or dispensary used for the growing of medical marijuana plants;

(40) “Qualifying medical condition” means one (1) or more of the following:

(A) Cancer, glaucoma, positive status for human immunodeficiency virus/acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Tourette’s syndrome, Crohn’s disease, ulcerative colitis, post-traumatic stress disorder, severe arthritis, fibromyalgia, Alzheimer’s disease, or the treatment of these conditions;

(B) A chronic or debilitating disease or medical condition or its treatment that produces one (1) or more of the following:

(i) Cachexia or wasting syndrome;

(ii) Peripheral neuropathy;

(iii) Intractable pain, which is pain that has not responded to ordinary medications;

(iv) Treatment or surgical measures for more than six (6) months;

(v) Severe nausea;

(vi) Seizures, including without limitation those characteristic of epilepsy; or

(vii) Severe and persistent muscle spasms, including, without limitation those characteristic of multiple sclerosis; and

(C) Any other medical condition or its treatment approved by the Department of Health pursuant to its rules and the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;

(41) “Qualifying patient” means a person who has:

(A) Been diagnosed by a physician as having a qualifying medical condition; and

(B) Registered with the Department of Health in accordance with this part and the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;

(42) “Registry identification card” means a document issued by the Department of Health that identifies a person as a qualifying patient or a designated caregiver or a document issued by the Alcoholic Beverage Control Division that identifies a person as an agent of a cultivation facility, dispensary, processor, or transporter;

(43) “Sealed” means expunge, remove, sequester, and treat as confidential the record or records of a felony offense;

(44) “Shipping container” means a sealable, tamper-evident container used for the transport of medical marijuana between licensed facilities;

(45) “Testing” means the process and procedures provided by an approved laboratory for testing of usable marijuana, consistent with provisions of this part;

(46) “Transport” means to move medical marijuana between licensed facilities or between a licensed facility and approved laboratory;

(47)(A)(i) “Usable marijuana” means the stalks, seeds, roots, dried leaves, flowers, oils, vapors, waxes, and other portions of the marijuana plant, and any mixture or preparation thereof.

(ii) “Usable marijuana" includes cannabinoid:

(a) Edibles;

(b) Concentrates; and

(B) “Usable marijuana” does not include the weight of any ingredients other than marijuana that are combined with marijuana and prepared for consumption as food and drink;

(48) “Unique identification number” or “UIN” means a unique number generated by the inventory tracking system and assigned to all usable marijuana for the purpose of tracking the marijuana from its seed form to ultimate sale to a qualified patient/designated caregiver or destruction; and

(49) “Visiting qualifying patient” means a patient with a qualifying medical condition who:

(A) Is not a resident of Arkansas or who has been a resident of Arkansas for less than thirty (30) days;

(B) Is in actual possession of a registry identification card or its equivalent that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States; and

Subpart 2

20 CAR § 810-201 Inspection and investigation {#sec-20-car-810-201 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-201}

20 CAR § 810-201. Inspection and investigation.

(a)(1) A licensed facility shall be subject to reasonable inspection by the Alcoholic Beverage Control Division.

(2) The Director of the Alcoholic Beverage Control Division, the Director of the Alcoholic Beverage Control Enforcement Division, or an enforcement agent may:

(A) Inspect, without the need for a search warrant, the licensed premises of a dispensary, cultivation facility, or processor including any marijuana and marijuana product on the premises, equipment used in cultivating, processing, testing, or storing marijuana, the licensed facility’s records and computers, at any time;

(B) Issue a written report or notice of his or her findings;

(C) Exercise law enforcement powers, if authorized, and take any other action the Director of the Alcoholic Beverage Control Division or Director of the Alcoholic Beverage Control Enforcement Division determines is necessary; and

(D) Enlist the assistance of any law enforcement officer not directly employed by the Alcoholic Beverage Control Enforcement Division toward performance of these enforcement duties.

(b) A dispensary, cultivation facility, or processor and any licensee, employee, or agent shall cooperate with the Director of the Alcoholic Beverage Control Division, the Director of the Alcoholic Beverage Control Enforcement Division, an enforcement agent, an employee of the Alcoholic Beverage Control Board, or assisting law enforcement officer acting in an official capacity to enforce the laws related to marijuana, including but not limited to:

(1) Permitting entry upon and inspection of the licensed premises; and

(2) Providing access to records required by this part and computers, when requested by:

(A) The Director of the Alcoholic Beverage Control Division;

(B) The Director of the Alcoholic Beverage Control Enforcement Division;

(D) An assisting law enforcement officer.

20 CAR § 810-202 Inspection required prior to operation {#sec-20-car-810-202 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-202}

20 CAR § 810-202. Inspection required prior to operation.

(a) All licensed facilities shall notify the Alcoholic Beverage Control Division of their intent to commence operations.

(b) The Alcoholic Beverage Control Division shall conduct or request the Alcoholic Beverage Control Enforcement Division to conduct a thorough inspection of the premises for the following:

(1) Verify possession and accuracy of detailed plans and elevation drawings required by 20 CAR §§ 810-402 and 810-502;

(2) Verify connection and accessibility to the inventory tracking system;

(3) Verification of operational alarm and video surveillance systems;

(4) Verification of secure locks throughout the facility;

(5) Verification of controls to limited access areas;

(6) Verification of compliance with perimeter restrictions;

(7) Any existing personnel records as required by 20 CAR § 810-1904; and

(8) Review of initial inventory required by 20 CAR § 810-1002 and verify for accuracy.

20 CAR § 810-203 Biannual inspections required {#sec-20-car-810-203 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-203}

20 CAR § 810-203. Biannual inspections required.

(a) The Alcoholic Beverage Control Division or the Alcoholic Beverage Control Enforcement Division shall conduct, at minimum, one (1) inspection every six (6) months of all licensed facilities.

(b) The biannual inspections shall, without limitation:

(1) Verify possession and accuracy of detailed plans and elevation drawings required by 20 CAR §§ 810-402 and 810-502;

(2) Verify connection and accessibility to the inventory tracking system;

(3) Verification of operational alarm and video surveillance systems;

(4) Verification of secure locks throughout the facility;

(5) Verification of controls to limited access areas;

(6) Verification of compliance with perimeter restrictions;

(7) Verification of current, complete, and accurate personnel records; and

(8) Review biannual inventory reports required by 20 CAR § 810-1002 and verify for accuracy.

20 CAR § 810-204 Closure of business {#sec-20-car-810-204 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-204}

20 CAR § 810-204. Closure of business.

The Alcoholic Beverage Control Division may issue an order providing for the manner and condition under which usable marijuana may be transferred or sold to another licensed facility or must otherwise be disposed of under the following circumstances:

(1) Revocation of a license;

(2) Surrender of a license; or

(3) Expiration of a license.

Subpart 3

20 CAR § 810-301 Records required to be kept for current year and three proceeding calendar years {#sec-20-car-810-301 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-301}

20 CAR § 810-301. Records required to be kept for current year and three proceeding calendar years.

Records required to be kept for the current year and three (3) proceeding calendar years:

(1) Records regarding the disposal of medical marijuana;

(2)(A) General business records.

(B) Licensed facilities shall keep all books and records necessary to fully account for each business transaction conducted under its license;

(3) Records of all required inventory reports;

(4) Records of pesticide and chemical applications as required by 20 CAR § 810-1106;

(5)(A) Medical marijuana product transactions as set out.

(B) Dispensaries shall keep a record of each transaction, including the:

(i) Amount of marijuana dispensed;

(ii) Amount of compensation received; and

(iii) Registry identification number of the qualifying patient or designated caregiver.

(C) Cultivation facilities and processors shall keep a record of all transactions for medical marijuana to another licensed facility; and

(6) Personnel records.

Subpart 4

20 CAR § 810-401 Duty to operate a secure premises {#sec-20-car-810-401 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-401}

20 CAR § 810-401. Duty to operate a secure premises.

(a) All cultivation facilities shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and the theft and diversion of marijuana.

(b) A licensee is responsible for the security of all marijuana and marijuana processed products on the licensed premises or in transit from the facility when self-transporting.

20 CAR § 810-402 Construction of premises {#sec-20-car-810-402 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-402}

20 CAR § 810-402. Construction of premises.

(a) Enclosed and secure facility. All cultivation of medical marijuana shall take place within a building, greenhouse, or other structure that:

(1) Has a complete roof enclosure supported by connecting walls, constructed of solid materials, extending from the ground to the roof;

(2) Is secure against unauthorized entry;

(3) Has a foundation, slab, or equivalent base to which the floor is securely attached;

(4) 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, smell, fragrances, or other olfactory stimulus;

(D) Adequate ventilation to prevent mold; and

(E) Noise;

(5) Provides complete visual screening; and

(6) Is accessible only through one (1) or more lockable doors.

(b)(1) Commercial grade, nonresidential door locks shall be installed on every external door, and gate if applicable.

(2) All external locks shall be equipped with biometric access controls with two-factor authentication, and the two-factor authentication must be in use at all times.

(3) Only authorized personnel shall have access to locked and secured areas. (4)(A) Facilities shall maintain detailed records of employees with access to locked and secured areas.

(B) Records shall be made available to the Alcoholic Beverage Control Division upon request.

(c)(1) All cultivation facilities shall maintain detailed plans and elevation drawings of all operational areas involved with the production, processing, and manufacturing of medical marijuana.

(2) The plan shall identify the following:

(A) All storage areas, ventilation systems, and equipment used for production, processing, and manufacturing;

(B) All entrances and exits to the facility;

(D) The location of all required security cameras;

(E) The location of all alarm inputs, detectors, and sirens;

(F) All video and alarm system surveillance areas;

(G) All production, processing, and manufacturing areas shall be labeled according to the specific activity occurring within the area;

(H) All restricted and limited access areas shall be identified; and

(I) All nonproduction areas shall be labeled according to their purpose.

(d)(1) Floor plans and elevation drawings shall be kept current and on the premises of the cultivation facility.

(2) Plans and elevation drawings shall be made available to the division upon request.

(e) Floors, walls, and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and in good repair.

(f) Cultivation facilities shall have adequate lighting in all areas where medical marijuana is stored and where equipment and utensils are cleaned.

(g)(1) Plumbing shall be of adequate size and design and adequately installed and maintained to:

(A) Carry sufficient quantities of water to required locations throughout the facility; and

(B) Properly convey sewage and liquid disposable waste from the facility.

(2) There shall be no cross-connections between the potable and waste water lines.

(h) All facilities shall be constructed to meet the standards of any applicable state and local electrical, fire, plumbing, and building specification codes.

20 CAR § 810-403 Storage area requirements {#sec-20-car-810-403 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-403}

20 CAR § 810-403. Storage area requirements.

Harvested marijuana and any product processed from harvested marijuana shall be stored in one (1) of the following types of secured areas:

(1)(A) A safe or steel cabinet.

(B) Which safe or steel cabinet shall have the following specification or the equivalent:

(i) Thirty (30) man-minutes against surreptitious entry;

(ii) Ten (10) man-minutes against forced entry;

(iii) Twenty (20) man-hours against lock manipulation; and

(iv) Twenty (20) man-hours against radiological techniques;

(C) If it weighs less than seven hundred fifty pounds (750 lbs.), is bolted or cemented to the floor or wall in such a way that it cannot be readily removed; and

(D) If necessary, depending upon the quantities and type of controlled substances stored, is equipped with an alarm system as described in 20 CAR § 810-404; or

(2)(A) A vault.

(B) The walls, floors, and ceilings of which vault are constructed of at least eight inches (8”) of reinforced concrete or other substantial masonry, reinforced vertically and horizontally with one-half inch (½”) steel rods tied six inches (6”) on center, or the structural equivalent to such reinforced walls, floors, and ceilings.

(i) Thirty (30) man-minutes against surreptitious entry;

(ii) Ten (10) man-minutes against forced entry;

(iii) Twenty (20) man-hours against lock manipulation; and

(iv) Twenty (20) man-hours against radiological techniques.

(D) Which vault, if operations require it to remain open for frequent access, is equipped with a “day-gate” which is self-closing and self-locking, or the equivalent, for use during the hours of operation in which the vault door is open.

(E) The walls or perimeter of which vault are equipped with an alarm system as described in 20 CAR § 810-404.

(F) The door of which vault is equipped with contact switches.

(G) Which vault has one (1) of the following:

(i) Complete electrical lacing of the walls, floor, and ceilings;

(ii) Sensitive ultrasonic equipment within the vault;

(iii) A sensitive sound accumulator system; or

(iv) Other such device designed to detect illegal entry.

20 CAR § 810-404 Alarm system {#sec-20-car-810-404 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-404}

20 CAR § 810-404. Alarm system.

(a)(1) All cultivation facilities shall be equipped with an alarm system which, upon attempted unauthorized entry, shall transmit a signal directly to a central protection company or a local or state police agency which has a legal duty to respond.

(2) A designated agent of the cultivation facility shall also receive notification of any such signal.

(b) Alarm systems shall provide coverage for all points of ingress and egress to the facility, including, but not limited to:

(1) Doorways;

(2) Windows;

(3) Loading bays;

(4) Skylights; and

(5) Retractable roof mechanisms.

(c) Alarm systems shall provide coverage of any room with an exterior wall, any room containing a safe, and any room used to grow or store medical marijuana.

(d) Alarm systems shall be equipped with a “panic device” that upon activation will not only sound any audible alarm components but will also notify law enforcement.

(e) Alarm systems shall have “duress” and “hold up” features to enable an agent to activate a silent alarm notifying law enforcement of an emergency.

(f) Alarms system must be equipped with failure notification systems to notify cultivation facilities and law enforcement of any failure in the alarm system and such systems must be in use at all times.

(g) Alarm systems shall have the ability to remain operational during a power outage and shall remain operational regardless of the length of the power outage.

20 CAR § 810-405 Video surveillance system {#sec-20-car-810-405 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-405}

20 CAR § 810-405. Video surveillance system.

(a) All cultivation facilities shall be equipped with video surveillance systems consisting of the following:

(1) Digital video cameras with a minimum resolution of ten (10) frames per second;

(2) Twenty-four (24) hour per day, seven (7) day per week continuous recording;

(3) The ability to remain operational during a power outage and shall remain operational regardless of the length of the power outage;

(4) Digital archiving capabilities and shall maintain digital archiving for one (1) year;

(5) On-site and off-site monitoring; and

(6)(A) All facilities must always maintain at least one (1) on-site display monitor connected to the surveillance system.

(B) The monitor shall have a screen size of at least twelve inches (12”).

(b) All cultivation facilities shall maintain camera coverage of the following areas:

(1) All points of ingress and egress to the facility, including, but not limited to:

(A) Doorways;

(B) Windows;

(D) Skylights; and

(E) Retractable roof mechanisms;

(2) Any room with an exterior wall, except restrooms, any room containing a safe, and any room or area used to grow, process, manufacture, or store medical marijuana;

(3) All areas in which any part of the disposal process of marijuana occurs; and

(4) All parking areas and any alley areas immediately adjacent to the building.

(d) All recording devices shall have the capability to produce a still image from the video recording, and each facility shall maintain, on site, a video printer capable of immediately producing a clear still image from any video camera image.

(e)(1) Access to on-site surveillance system controls and monitoring shall be limited to authorized personnel.

(2) Cultivation facilities shall identify individuals with access to surveillance system controls and monitoring upon request by the Alcoholic Beverage Control Division.

(f) All surveillance recordings shall be maintained for a minimum of ninety (90) days.

20 CAR § 810-406 Perimeter requirements {#sec-20-car-810-406 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-406}

20 CAR § 810-406. Perimeter requirements.

(a)(1) The perimeter of all cultivation facilities shall be maintained in such a way to discourage theft and diversion of marijuana.

(2) All cultivation facilities shall maintain the following:

(A) Adequate lighting to facilitate surveillance; and

(B) Foliage and landscaping that does not allow for a person or persons to conceal themselves from sight.

(b) All stages of medical marijuana production and the disposal of unusable medical marijuana on the premises of a cultivation facility shall not be visible or accessible to the public.

(c) The cultivation facility shall maintain any walls or fencing necessary to shield the operations of the facility from public access and view.

(d) The cultivation facility shall ensure any odors that may arise from any stage of marijuana production or the disposal of marijuana are not detectable by the public from outside the cultivation facility.

Subpart 5

20 CAR § 810-501 Duty to operate a secure premises {#sec-20-car-810-501 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-501}

20 CAR § 810-501. Duty to operate a secure premises.

(a) All dispensaries shall implement appropriate security measures to deter and prevent the theft and diversion of marijuana.

(b) A licensee is responsible for the security of all marijuana items on the licensed premises or in transit from the facility when self-transporting.

20 CAR § 810-502 Construction of premises {#sec-20-car-810-502 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-502}

20 CAR § 810-502. Construction of premises.

(a) Enclosed and secure facility. Dispensaries shall be enclosed on all sides by permanent walls and doors.

(b) All cultivation of medical marijuana by a dispensary shall take place within a building, greenhouse, or other structure connected to the dispensary that:

(1) Has a complete roof enclosure supported by connecting walls, constructed of solid materials, extending from the ground to the roof;

(2) Is secure against unauthorized entry;

(3) Has a foundation, slab, or equivalent base to which the floor is securely attached;

(4) 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, smell, fragrances, or other olfactory stimulus;

(D) Adequate ventilation to prevent mold; and

(E) Noise;

(5) Provides complete visual screening; and

(6) Is accessible only through one (1) or more lockable doors.

(c)(1) Commercial grade, nonresidential door locks shall be installed on every external door, and gate, if applicable.

(2) All external locks shall be equipped with biometric access controls with two-factor authentication, and the two-factor authentication must be in use at all times.

(3) Only authorized personnel shall have access to locked and secured areas.

(4)(A) Facilities shall maintain detailed records of employees with access to locked and secured areas.

(B) Records shall be made available to the Alcoholic Beverage Control Division upon request.

(d)(1) All dispensaries shall maintain detailed plans and elevation drawings of all operational areas involved with the dispensing and production of medical marijuana.

(2) The plan shall identify the following:

(A) All entrances and exits to the facility;

(B) All windows, skylights, and retractable mechanisms built into the roof;

(D) All limited access areas;

(E) All storage areas, ventilation systems, and equipment used for:

(i) Production;

(ii) Processing; and

(iii) Manufacturing;

(F) The location of all required security cameras;

(G) The location of all alarm:

(i) Inputs;

(ii) Detectors; and

(iii) Sirens;

(H) All video and alarm system surveillance areas;

(I) All production, processing, and manufacturing areas shall be labeled according to the specific activity occurring within the area;

(J) All restricted and limited access areas shall be identified; and

(K) All areas shall be labeled according to their purpose.

(e)(1) Floor plans and elevation drawings shall be kept current and on the premises of the dispensary.

(2) Plans and elevation drawings shall be made available to the division upon request.

(f) Floors, walls, and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and in good repair.

(g) Dispensaries shall have adequate lighting in all areas where medical marijuana is stored and where equipment and utensils are cleaned.

(h)(1) Plumbing shall be of adequate size and design and adequately installed and maintained to:

(A) Carry sufficient quantities of water to required locations throughout the facility; and

(B) Properly convey sewage and liquid disposable waste from the facility.

(2) There shall be no cross-connections between the potable and wastewater lines.

(i) All facilities shall be constructed to meet the standards of any applicable state and local electrical, fire, plumbing, and building specification codes.

20 CAR § 810-503 Storage area requirements {#sec-20-car-810-503 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-503}

20 CAR § 810-503. Storage area requirements.

(a) Any dispensary storing usable marijuana harvested from mature plants pursuant to 20 CAR § 810-1103, marijuana stored for retail, or marijuana products for retail shall comply with the storage area requirements in 20 CAR § 810-403.

(b)(1) Dispensaries may keep usable marijuana in locked display case during business hours for patients to inspect.

(2) All usable marijuana shall be stored in accordance with subsection (a) of this section after operating hours.

20 CAR § 810-504 Alarm system {#sec-20-car-810-504 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-504}

20 CAR § 810-504. Alarm system.

(a)(1) All dispensaries shall be equipped with an alarm system which, upon attempted unauthorized entry, shall transmit a signal directly to a central protection company or a local or state police agency that has a legal duty to respond.

(2) A designated agent of the dispensary shall also receive notification of any such signal.

(b) Alarm systems shall provide coverage for all points of ingress and egress to the facility, including, but not limited to:

(1) Doorways;

(2) Windows;

(3) Loading bays;

(4) Skylights; and

(5) Retractable roof mechanisms.

(1) Any room with an exterior wall;

(2) Any room containing a safe; and

(3) Any room used to grow or store medical marijuana.

(d) Alarm systems shall be equipped with a “panic device” that upon activation will not only sound any audible alarm components but will also notify law enforcement.

(e) Alarm systems shall have “duress” and “hold up” features to enable an agent to activate a silent alarm notifying law enforcement of an emergency.

(f) Alarm systems must be equipped with failure notification systems to notify dispensaries and law enforcement of any failure in the alarm system and such systems shall be in use at all times.

(g) Alarm systems shall have the ability to remain operational during a power outage and shall remain operational regardless of the length of the power outage.

20 CAR § 810-505 Video surveillance system {#sec-20-car-810-505 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-505}

20 CAR § 810-505. Video surveillance system.

(a) All dispensaries shall be equipped with video surveillance systems consisting of the following:

(1) Digital video cameras with a minimum resolution of ten (10) frames per second;

(2) Twenty-four (24) hour per day, seven (7) day per week continuous recording;

(3) The ability to remain operational during a power outage;

(4) Digital archiving capabilities and shall maintain digital archiving for ninety (90) days;

(5) On-site and off-site monitoring; and

(6)(A) All facilities must maintain at least one (1) on-site display monitor connected to the surveillance system at all times.

(B) The monitor shall have a screen size of at least twelve inches (12”).

(b) All dispensaries shall maintain camera coverage of the following areas:

(1) All points of ingress and egress to the facility, including, but not limited to:

(A) Doorways;

(B) Windows;

(D) Skylights; and

(E) Retractable roof mechanisms;

(2) Any room with an exterior wall, except restrooms, any room containing a safe, and any room or area used to grow, process, manufacture, or store medical marijuana;

(3) All areas in which any part of the disposal process of marijuana occurs;

(4) All point-of-sale areas;

(5) All areas for qualified patients and designated caregivers, except restrooms; and

(6) All parking areas and any alley areas immediately adjacent to the building.

(e)(1) Access to on-site surveillance system controls and monitoring shall be limited to authorized personnel.

(2) Dispensaries shall identify individuals with access to surveillance system controls and monitoring upon request by the Alcoholic Beverage Control Division.

(f) All surveillance recordings shall be maintained for a minimum of ninety (90) days.

20 CAR § 810-506 Perimeter requirements {#sec-20-car-810-506 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-506}

20 CAR § 810-506. Perimeter requirements.

(a)(1) The perimeter of all dispensaries shall be maintained in such a way to discourage theft and diversion of marijuana.

(2) All dispensaries shall maintain the following:

(A) Adequate lighting to facilitate surveillance; and

(B) Foliage and landscaping that does not allow for a person or persons to conceal themselves from sight.

(b) All stages of medical marijuana production and the disposal of unusable medical marijuana on the premises of a dispensary shall not be visible or accessible to the public from outside the premises of the facility.

(c) The dispensary shall ensure any odors, which may arise from any stage of marijuana production or the disposal of marijuana, are not detectable by the public from outside the dispensary.

Subpart 6

20 CAR § 810-601 Duty to operate a secure premises {#sec-20-car-810-601 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-601}

20 CAR § 810-601. Duty to operate a secure premises.

(a) A processor shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and the theft and diversion of marijuana.

(b) A processor is responsible for the security of all marijuana items on the licensed premises or in transit from the facility.

20 CAR § 810-602 Construction of premises {#sec-20-car-810-602 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-602}

20 CAR § 810-602. Construction of premises.

(a) Enclosed and secure facility. All manufacturing and processing of medical marijuana by a processor shall take place within a structure that:

(1) Has a complete roof enclosure supported by connecting walls, constructed of solid materials, extending from the ground to the roof;

(2) Is secure against unauthorized entry;

(3) Has a foundation, slab, or equivalent base to which the floor is securely attached;

(4) Meets performance standards that ensure that manufacturing and processing activities cannot be and are not perceptible from the structure in terms of:

(A) Common visual observation;

(B) Odors, smell, fragrances, or other olfactory stimulus;

(D) Adequate ventilation to prevent mold; and

(E) Noise;

(5) Provides complete visual screening; and

(6) Is accessible only through one (1) or more lockable doors.

(b)(1) Commercial grade, nonresidential door locks shall be installed on every external door and gate, if applicable.

(2) All external locks shall be equipped with biometric access controls with two-factor authentication, and the two-factor authentication must be in use at all times.

(3) Only authorized personnel shall have access to locked and secured areas.

(4)(A) Facilities shall maintain detailed records of employees with access to locked and secured areas.

(B) Records shall be made available to the Alcoholic Beverage Control Division upon request.

(c)(1) A processor shall maintain detailed plans and elevation drawings of all operational areas involved with the manufacturing and processing of medical marijuana.

(2) The plan shall identify the following:

(A) All storage areas, ventilation systems, and equipment used for manufacturing and processing;

(B) All entrances and exits to the facility;

(D) The location of all required security cameras;

(E) The location of all alarm:

(i) Inputs;

(ii) Detectors; and

(iii) Sirens;

(F) All video and alarm system surveillance areas;

(G) All manufacturing and processing areas shall be labeled according to the specific activity occurring within the area;

(H) All restricted and limited access areas shall be identified; and

(I) All areas shall be labeled according to their purpose.

(d)(1) Floor plans and elevation drawings shall be kept current and on the premises of the processor.

(2) Plans and elevation drawings shall be made available to the division upon request.

(e) Floors, walls, and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and in good repair.

(f) A processor shall have adequate lighting in all areas where medical marijuana is stored and where equipment and utensils are cleaned.

(g)(1) Plumbing shall be of adequate size and design and adequately installed and maintained to:

(A) Carry sufficient quantities of water to required locations throughout the facility; and

(B) Properly convey sewage and liquid disposable waste from the facility.

(2) There shall be no cross-connections between the potable and waste water lines.

(h) All facilities shall be constructed to meet the standards of any applicable state and local electrical, fire, plumbing, and building specification codes.

20 CAR § 810-603 Storage area requirements {#sec-20-car-810-603 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-603}

20 CAR § 810-603. Storage area requirements.

A processor storing marijuana or marijuana products shall comply with the storage area requirements in 20 CAR § 810-403.

20 CAR § 810-604 Alarm system {#sec-20-car-810-604 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-604}

20 CAR § 810-604. Alarm system.

(a)(1) A processor shall be equipped with an alarm system which, upon attempted unauthorized entry, shall transmit a signal directly to a central protection company or a local or state police agency that has a legal duty to respond.

(2) A designated agent of the processor shall also receive notification of any such signal.

(b) Alarm systems shall provide coverage for all points of ingress and egress to the facility, including, without limitation:

(1) Doorways;

(2) Windows;

(3) Loading bays;

(4) Skylights; and

(5) Retractable roof mechanisms.

(1) Any room with an exterior wall;

(2) Any room containing a safe; and

(3) Any room used to manufacture and process or store medical marijuana.

(d) Alarm systems shall be equipped with a “panic device” that upon activation will not only sound any audible alarm components but also will notify law enforcement.

(e) Alarm systems shall have “duress” and “hold up” features to enable an agent to activate a silent alarm notifying law enforcement of an emergency.

(f) Alarm systems must be equipped with failure notification systems to notify processors and law enforcement of any failure in the alarm system, and such systems must be in use at all times.

(g) Alarm systems shall have the ability to remain operational during a power outage and shall remain operational regardless of the length of the power outage.

20 CAR § 810-605 Video surveillance system {#sec-20-car-810-605 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-605}

20 CAR § 810-605. Video surveillance system.

(a) A processor shall be equipped with video surveillance systems consisting of the following:

(1) Digital video cameras with a minimum resolution of ten (10) frames per second;

(2) Twenty-four-hour per day, seven-day per week continuous recording;

(3) The ability to remain operational during a power outage and shall remain operational regardless of the length of the power outage;

(4) Digital archiving capabilities and shall maintain digital archiving for one (1) year;

(5) On-site and off-site monitoring; and

(6)(A) All facilities must maintain at least one (1) on-site display monitor connected to the surveillance system at all times.

(B) The monitor shall have a screen size of at least twelve inches (12”).

(b) A processor shall maintain camera coverage of the following areas:

(1) All points of ingress and egress to the facility, including, but not limited to:

(A) Doorways;

(B) Windows;

(D) Skylights; and

(E) Retractable roof mechanisms;

(2) Any room with an exterior wall, except restrooms, any room containing a safe, and any room or area used to manufacture and process or store medical marijuana;

(3) All areas in which any part of the disposal process of marijuana occurs; and

(4) All parking areas and any alley areas immediately adjacent to the building.

(d) All recording devices shall have the capability to produce a still image from the video recording, and each processor shall maintain, on site, a video printer capable of immediately producing a clear still image from any video camera image.

(e)(1) Access to on-site surveillance system controls and monitoring shall be limited to authorized personnel.

(2) A processor shall identify individuals with access to surveillance system controls and monitoring upon request by the Alcoholic Beverage Control Division.

(f) All surveillance recordings shall be maintained for a minimum of ninety (90) days.

20 CAR § 810-606 Perimeter requirements {#sec-20-car-810-606 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-606}

20 CAR § 810-606. Perimeter requirements.

(a)(1) The perimeter of all processors shall be maintained in such a way as to discourage theft and diversion of marijuana.

(2) All processors shall maintain the following:

(A) Adequate lighting to facilitate surveillance; and

(B) Foliage and landscaping that does not allow for a person or persons to conceal themselves from sight.

(b) All stages of medical marijuana manufacturing and production and the disposal of unusable medical marijuana on the premises of a processor shall not be visible or accessible to the public.

(c) The processor shall maintain any walls or fencing necessary to shield the operations of the facility from public access and view.

(d) The processor shall ensure any odors that may arise from any stage of marijuana manufacture and production or the disposal of marijuana are not detectable by the public from outside the processor.

Subpart 7

20 CAR § 810-701 Hours of operation {#sec-20-car-810-701 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-701}

20 CAR § 810-701. Hours of operation.

(a) A cultivation facility may operate twenty-four (24) hours a day.

(b)(1) Cultivation facilities shall not be open to the public.

(2) Only the following individuals shall be allowed on the premises:

(A) Individuals authorized by law or this part to be on the premises; and

(B) Visitors and contractors shall only be present on the property pursuant to 20 CAR § 810-703 and shall have access to Limited Access Areas pursuant to 20 CAR § 810-704.

(c) A cultivation facility may transport medical marijuana to another cultivation facility, dispensary, processor, or approved laboratory between the hours of 7:00 a.m. and 9:00 p.m.

20 CAR § 810-702 Registry identification card required {#sec-20-car-810-702 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-702}

20 CAR § 810-702. Registry identification card required.

Any employee, supervisor, or agent employed by a cultivation facility must have a current registry identification card issued by the Alcoholic Beverage Control Division on their person at all times while present at a cultivation facility.

20 CAR § 810-703 Visitor policy {#sec-20-car-810-703 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-703}

20 CAR § 810-703. Visitor policy.

(a) All cultivation facilities shall prepare and keep written policies regarding any visitors to the premises who are not in possession of a registry identification card.

(b)(1) All cultivation facilities shall maintain a log of visitors to the premises.

(2) The log shall consist of the:

(A) Visitor’s name;

(B) Name of agent assigned to escort the visitor;

(D) Time of arrival; and

(E) Time of departure.

(d)(1)(A) All visitors shall be issued a visitor identification tag.

(B) The tag shall bear the individual’s name and be worn by the visitor for the duration of the individual’s time on the premises.

(2) Contractors shall be presented with a tag identifying them as contractors.

(e) All visitors shall be escorted by a cultivation facility agent at all times while present on the property.

(f) A cultivation facility may allow access by visitors to limited access areas of the cultivation facility if:

(1) The visitor presents government-issued identification;

(2) The visitor is not under twenty-one (21) years of age; and

(3) The visitor has been invited to the facility by an employee of the facility or management of the cultivation facility.

(g) Contractors.

(1)(A) If it is necessary for a contractor to enter a cultivation facility to conduct repairs, perform maintenance or other specific duties on the property, they may be escorted to their work site and left unaccompanied while completing a job.

(B) If the contractor is left unattended, cultivation facility personnel shall ensure the contractor and area under repair are under video surveillance for the duration of the contractor’s time spent on the premises.

(2)(A) If it is necessary for a contractor to enter a cultivation facility’s limited access area, the contractor shall be escorted to their work site and must remain in the company of a cultivator’s agent while the work is being completed.

(B)(i) The contractor may be left unattended, in the limited access area, if there is no marijuana or marijuana products being stored in the area while the contractor is present.

(ii) If left unattended, cultivator’s agent shall ensure the contractor and area are under video surveillance for the duration of the contractor’s time spent on the premises.

(3) If a contractor is required on the premises for more than two (2) consecutive days, the cultivation facility shall notify the Alcoholic Beverage Control Division of the contractor’s identity and purpose for being on the premises.

20 CAR § 810-704 Limited access areas {#sec-20-car-810-704 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-704}

20 CAR § 810-704. Limited access areas.

(a) Cultivation facilities shall limit access to areas where marijuana is grown, harvested, processed, and stored to authorized personnel.

(b) Signage. Limited access areas shall be clearly marked.

(1) Limited access areas shall be locked and accessible only by:

(A) Authorized personnel;

(B) Individuals authorized by law;

(D) Laboratory personnel licensed by the Department of Health to conduct required testing; and

(E) Contractors.

(2) Cultivation facilities shall keep current rosters of personnel authorized to enter limited access areas.

20 CAR § 810-705 General sanitation requirements for cultivation facilities {#sec-20-car-810-705 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-705}

20 CAR § 810-705. General sanitation requirements for cultivation facilities.

(a) Any person who, by medical examination or supervisory observation, is shown to have, or appears to have an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with medical marijuana shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected.

(b)(1) Cultivation facilities shall maintain hand-washing areas that are adequate and convenient to agents.

(2) Hand-washing or sanitizing areas shall include running water at a suitable temperature and a sanitary towel service or suitable drying device.

(1) Maintain adequate personal cleanliness; and

(2) Wash hands and exposed portions of his or her arms thoroughly in an adequate hand-washing area before starting work and at any other time when the hands may have become soiled or contaminated, including but not limited to:

(A) Any time after handling possibly soiled equipment or utensils; and

(B) After leaving the initial room in which he or she was working, and before resuming work in any room, including the initial room.

(d) Litter and waste shall be properly removed, and waste disposal systems shall be maintained so that they do not constitute a source of contamination in areas where medical marijuana is exposed.

(e)(1) Cultivation facilities shall provide adequate screening against the entry of pests.

(2) Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant or breeding place for pests.

(f) Toxic cleaning compounds, sanitizing agents, solvents used in the production of medical marijuana concentrates, and pesticide chemicals shall be identified, held, and stored in a manner that protects against contamination of medical marijuana, and in a manner that is in accordance with any applicable local, state, or federal:

(1) Law;

(2) Rule;

(3) Regulation; or

(4) Ordinance.

20 CAR § 810-706 Material safety data sheet required {#sec-20-car-810-706 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-706}

20 CAR § 810-706. Material safety data sheet required.

(a) All cultivation facilities shall maintain a material safety data sheet for any:

(1) Toxic cleaning compounds;

(2) Sanitizing agents;

(3) Solvents used in the production of medical marijuana extracts and concentrates;

(4) Pesticide chemicals; and

(5) Other agricultural chemicals used or stored on the premises.

(b) A copy of the material safety data sheets shall be kept in any area of the facility where the products are used or stored.

(c)(1) Material safety data sheets shall be kept for the period of time required by any applicable state or federal regulation.

(2) If a state or federal regulation does not apply to a particular material, the material data sheet shall be kept for a minimum of three (3) years.

Subpart 8

20 CAR § 810-801 Hours of operation {#sec-20-car-810-801 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-801}

20 CAR § 810-801. Hours of operation.

(a) A dispensary may only operate between the hours of 7:00 a.m. and 10:00 p.m. (b) A dispensary may transport, or contract with a third-party transporter licensed by the Alcoholic Beverage Control Division, medical marijuana to another dispensary, cultivation facility, approved laboratory, or processing facility between the hours of 7:00 a.m. and 9:00 p.m.

(c) A dispensary may deliver medical marijuana to a qualified patient or designated caregiver between the hours of 9:00 a.m. and 7:00 p.m.

20 CAR § 810-802 Registry identification card required {#sec-20-car-810-802 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-802}

20 CAR § 810-802. Registry identification card required.

Any employee, supervisor, or agent employed by a dispensary must have a current registry identification card issued by the Alcoholic Beverage Control Division on their person at all times while present at the dispensary.

20 CAR § 810-803 Qualified patient/designated caregiver areas {#sec-20-car-810-803 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-803}

20 CAR § 810-803. Qualified patient/designated caregiver areas.

Dispensaries shall identify and clearly define areas where medical marijuana will be dispensed to qualified patients and designated caregivers.

20 CAR § 810-804 Access to the dispensary {#sec-20-car-810-804 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-804}

20 CAR § 810-804. Access to the dispensary.

(a) Only the following individuals shall be allowed to access a dispensary:

(1)(A) Individuals in possession of a current registry identification card issued by the Department of Health or the Alcoholic Beverage Control Division.

(B) An individual in possession of a current registry identification card issued by the department or division in need of physical assistance may bring one (1) guest, over the age of eighteen (18), into a waiting area inside a dispensary.

(C) A parent with a registry identification card may bring his or her child or children into a dispensary for the purpose of purchasing usable marijuana.

(D) A parent without a registry identification card may accompany his or her child that is under the age of eighteen (18) into a dispensary if that child has a registry identification card for the purpose of purchasing usable marijuana for the child;

(2) Individuals authorized by law and this part to be on the premises; and

(3)(A) Contractors.

(B)(i) If it is necessary for a contractor to enter a dispensary to conduct repairs, maintenance, or other specific duties on the property, the contractor may be escorted to their work site and left unaccompanied while completing a job.

(ii) If left unattended, dispensary personnel shall ensure the contractor and area under repair are under video surveillance for the duration of the contractor’s time spent on the premises.

(C)(i) If it is necessary for a contractor to enter a cultivation facility’s limited access area the contractor shall be escorted to their work site and must remain in the company of a dispensary’s agent while the work is being completed.

(ii)(a) The contractor may be left unattended, in the limited access area, if there is no marijuana or marijuana products being stored in the area while the contractor is present.

(b) If left unattended, the dispensary agent shall ensure the contractor and area are under video surveillance for the duration of the contractor’s time spent on the premises.

(D) If a contractor is required on the premises for more than two (2) consecutive days, the dispensary facility shall notify the division of the contractor’s identity and purpose for being on the premises.

(b) Dispensaries may maintain an educational facility accessible to the general public as set forth in their compassionate care plan as follows:

(1) The educational facility shall not be accessible from inside the dispensary;

(2) If the educational facility is attached to the dispensary, it must maintain a separate exterior door, and there shall be no door from inside the facility which accesses any portion of the dispensary;

(3) The educational facility may be a separate structure from the dispensary and contained upon the dispensary’s property; and

(4) Any educational facility maintained or operated by the dispensary shall adhere to the rules set forth in Subpart 17 of this part.

20 CAR § 810-805 Limited access areas {#sec-20-car-810-805 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-805}

20 CAR § 810-805. Limited access areas.

(a) Dispensaries shall limit access to areas where marijuana is grown, harvested, processed, or stored to authorized personnel.

(b) Signage.

(1) Limited access areas shall be clearly marked.

(2) Any doorways separating qualified patient/designated caregiver areas and limited access areas shall be posted and equipped with controls to restrict entry.

(1) Limited access areas shall be locked and accessible only by:

(A) Authorized personnel;

(B) Individuals authorized by law;

(D) Laboratory personnel licensed by the Department of Health to conduct required testing.

(2) Dispensaries shall keep current rosters of personnel authorized to enter limited access areas.

(3) Contractors may access limited access areas subject to the provisions in 20 CAR § 810-804(a)(3)(A).

20 CAR § 810-806 General sanitation requirements for dispensaries facilities {#sec-20-car-810-806 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-806}

20 CAR § 810-806. General sanitation requirements for dispensaries facilities.

(a) Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with medical marijuana shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected.

(b)(1) Dispensaries shall maintain hand-washing areas that are adequate and convenient to agents.

(2) Hand-washing or sanitizing areas shall include running water at a suitable temperature and a sanitary towel service or suitable drying device.

(1) Maintain adequate personal cleanliness; and

(A) Any time after handling possibly soiled equipment or utensils; and

(B) After leaving the initial room in which he or she was working, and before resuming work in any room.

(d) Litter and waste shall be properly removed and waste disposal systems shall be maintained so that they do not constitute a source of contamination in areas where medical marijuana is exposed.

(e)(1) Dispensaries shall provide adequate screening against the entry of pests.

(2) Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant or breeding place for pests.

(f) Toxic cleaning compounds, sanitizing agents, solvents used in the production of medical marijuana concentrates, and pesticide chemicals shall be identified, held, and stored in a manner that protects against contamination of medical marijuana and in a manner that is in accordance with any applicable local, state, or federal:

(1) Law;

(2) Rule;

(3) Regulation; or

(4) Ordinance.

20 CAR § 810-807 Material safety data sheet required {#sec-20-car-810-807 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-807}

20 CAR § 810-807. Material safety data sheet required.

(a) All dispensaries shall maintain a material safety data sheet for any:

(1) Toxic cleaning compounds;

(2) Sanitizing agents;

(3) Solvents used in the production of medical marijuana concentrates and extracts;

(4) Pesticide chemicals; and

(5) Other agricultural chemical used or stored on the premises.

(b)(1) A copy of the material data sheet shall be kept in any area of the facility where the products are used or stored.

(2)(A) Material data sheets shall be kept for the period of time required by any applicable state or federal rules or laws.

(B) If a state or federal law does not apply to a particular material, the material data sheet shall be kept for a minimum of three (3) years.

Subpart 9

20 CAR § 810-901 Hours of operation {#sec-20-car-810-901 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-901}

20 CAR § 810-901. Hours of operation.

(a) A processor may operate twenty-four (24) hours a day.

(b) A processor may transport medical marijuana between licensed facilities between the hours of 7:00 a.m. and 9:00 p.m.

20 CAR § 810-902 Registry identification card required {#sec-20-car-810-902 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-902}

20 CAR § 810-902. Registry identification card required.

Any employee, supervisor, or agent employed by a processor must have a current registry identification card issued by the Alcoholic Beverage Control Division on their person at all times while present at the processor.

20 CAR § 810-903 Access to processors {#sec-20-car-810-903 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-903}

20 CAR § 810-903. Access to processors.

(a) Only the following individuals shall be allowed to access a processor:

(1) Individuals authorized by law and this part to be on the premises; and

(2)(A) Contractors.

(B)(i) If it is necessary for a contractor to enter a processor to conduct repairs, maintenance, or other specific duties on the property, the contractor may be escorted to their work site and left unaccompanied while completing a job.

(ii) If the contractor is left unattended, processor personnel shall ensure that the contractor and area under repair are under video surveillance for the duration of the contractor’s time spent on the premises.

(C)(i) If it is necessary for a contractor to enter a processor’s limited access area the contractor shall be escorted to their work site and must remain in the company of a processor’s agent while the work is being completed.

(ii)(a) The contractor may be left unattended, in the limited access area, if there is no marijuana or marijuana products being stored in the area while the contractor is present.

(b) If left unattended, processor’s agent shall ensure the contractor and area are under video surveillance for the duration of the contractor’s time spent on the premises.

(D) If a contractor is required on the premises for more than two (2) consecutive days, the processor shall notify the Alcoholic Beverage Control Division of the contractor’s identity and purpose for being on the premises.

20 CAR § 810-904 Limited access area {#sec-20-car-810-904 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-904}

20 CAR § 810-904. Limited access area.

(a) Processors shall limit access to areas where marijuana is manufactured and processed and stored to authorized personnel.

(b) Controlled access.

(1) Limited access areas shall be clearly marked “Controlled Access”.

(2) Limited access areas shall be locked and accessible only by:

(A) Authorized personnel;

(B) Individuals authorized by law;

(D) Laboratory personnel licensed by the Department of Health to conduct required testing; and

(E) Contractor to complete repairs.

20 CAR § 810-905 General sanitation requirements for processors {#sec-20-car-810-905 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-905}

20 CAR § 810-905. General sanitation requirements for processors.

(a) Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination and for whom there is a reasonable possibility of contact with medical marijuana shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected.

(b)(1) A processor shall maintain hand-washing areas that are adequate and convenient to agents.

(2) Hand-washing or sanitizing areas shall include running water at a suitable temperature and a sanitary towel service or suitable drying device.

(1) Maintain adequate personal cleanliness; and

(2) Wash hands and exposed arms thoroughly in an adequate hand-washing area before starting work and at any other time when the hands may have become soiled or contaminated.

(d) Litter and waste shall be properly removed and waste disposal systems shall be maintained so that they do not constitute a source of contamination in areas where medical marijuana is exposed.

(e)(1) A processor shall provide adequate screening against the entry of pests.

(2) Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant or breeding place for pests.

(f) Toxic cleaning compounds, sanitizing agents, solvents used in the production of medical marijuana concentrates, and pesticide chemicals shall be identified, held, and stored in a manner that protects against contamination of medical marijuana and in a manner that is in accordance with any applicable local, state, or federal:

(1) Law;

(2) Rule; or

(3) Ordinance.

20 CAR § 810-906 Material safety data sheet required {#sec-20-car-810-906 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-906}

20 CAR § 810-906. Material safety data sheet required.

(a) A processor shall maintain a material safety data sheet for any:

(1) Toxic cleaning compounds;

(2) Sanitizing agents;

(3) Solvents used in the production of medical marijuana concentrates and extracts;

(4) Pesticide chemicals; and

(5) Other agricultural chemicals used or stored on the premises.

(b)(1) A copy of the material safety data sheet shall be kept in any area of the facility where the products are used or stored.

(2)(A) Material safety data sheets shall be kept for the period of time required by any applicable state or federal law.

(B) If a state or federal law does not apply to a particular material, the material data sheet shall be kept for a minimum of three (3) years.

Subpart 10

20 CAR § 810-1001 Inventory and tracking requirements {#sec-20-car-810-1001 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1001}

20 CAR § 810-1001. Inventory and tracking requirements.

Failure to comply with the tracking requirements set forth in this part may result in suspension or revocation of the license, and/or imposition of a monetary fine.

20 CAR § 810-1002 Minimum inventory requirements {#sec-20-car-810-1002 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1002}

20 CAR § 810-1002. Minimum inventory requirements.

Each dispensary, processor, and cultivation facility shall:

(1) 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 prior to the first date the applicable license first dispenses usable marijuana or cultivates, prepares, manufactures, processes, or packages usable marijuana; and

(2)(A) 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.

(B) Biannual inventories shall be conducted every six (6) months.

(C) The first inventory required under subdivision (2)(A) of this section shall be conducted six (6) months after the initial comprehensive inventory described in subdivision (1) of this section.

20 CAR § 810-1003 Inventory tracking system {#sec-20-car-810-1003 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1003}

20 CAR § 810-1003. Inventory tracking system.

(a) All licensed facilities shall utilize the inventory tracking system implemented by the State of Arkansas to track medical marijuana from seed to distribution to qualified patients and designated caregivers.

(b) All usable marijuana shall be tagged or labeled with a unique identification number and entered into the inventory tracking system.

(c)(1) The cultivation facility, processors, and dispensary shall bear the cost of the labels and tags.

(2) All licensed facilities shall acquire and maintain all software, hardware, and communications infrastructures to ensure connectivity to the inventory tracking system.

20 CAR § 810-1004 Batching required {#sec-20-car-810-1004 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1004}

20 CAR § 810-1004. Batching required.

At the time of harvesting, all plants shall be accounted for as a batch with a unique batch number that shall remain with the batch through final packaging.

20 CAR § 810-1005 Plant identification {#sec-20-car-810-1005 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1005}

20 CAR § 810-1005. Plant identification.

(a) All plants shall be assigned a specific number and so tagged with an individual tag with a unique identification number that will be recorded electronically or kept in an electronic file until harvest or destruction.

(b)(1) Immature, nonflowering marijuana plants under twenty-four inches (24”) shall be individually tagged.

(2) Each tag shall contain a legible UIN and may either be physically on the plant or in the soil or other growth medium.

(3) Such label must be clearly legible and free from dirt and debris.

(4) After plants reach twenty-four inches (24”) in height or width or begin flowering, whichever occurs earlier, the UIN tag must be physically attached to the plant.

(c)(1) Clones are not required to be individually tagged until they are eight inches (8”) in height or length and placed in soil or other growth medium, whichever occurs earlier.

(2) Clones shall, however, be recorded in the inventory tracking system.

(d) Marijuana seeds must be individually tagged once they are placed in soil or other growth medium.

(e)(1) Plant tissue is not required to be individually tagged until such tissue has grown to eight inches (8”) in height or length.

(2) Plant tissues shall, however, be recorded in the inventory tracking system.

(f) All plants, regardless of accounting strategy, shall be physically inventoried on a weekly basis and records of the inventory shall be kept at the facility for at least three (3) years.

20 CAR § 810-1006 Cultivation facility tracking requirements {#sec-20-car-810-1006 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1006}

20 CAR § 810-1006. Cultivation facility tracking requirements.

(a) Cultivation facilities shall ensure the following events are logged into the inventory tracking system:

(1) The purchase or acquisition of medical marijuana:

(A) Seeds;

(B) Plants (including immature plants and seedlings); or

(2) The sale or transfer of medical marijuana or its derivatives to a licensed facility or approved laboratory by the Medical Marijuana Commission or the Department of Health;

(3) The transport of medical marijuana or its derivatives to a facility licensed by the commission or the department; and

(4) Disposal of medical marijuana.

(b) The following information, without limitation, shall be provided for each transaction described in subsection (a) of this section:

(1) Date of transaction or event;

(2) Agent identification number responsible for data entry;

(3) License number of receiving licensed facility licensed by the commission or the department or name of approved laboratory;

(4) Batch identification number; and

(5) Plant identification number, if applicable.

(c)(1) Each transaction described in subsection (a) of this section must be recorded by a licensee immediately upon occurrence.

(2) Any licensee who fails to record any transaction listed in (a) within twenty-four (24) hours of the transaction, or who fails to include all of the requisite information listed in subsection (b) of this section, may be subject to the disciplinary actions provided in this part.

20 CAR § 810-1007 Dispensary tracking requirements {#sec-20-car-810-1007 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1007}

20 CAR § 810-1007. Dispensary tracking requirements.

(a) Dispensaries shall ensure the following events are logged into the inventory tracking system:

(1) The purchase or acquisition of marijuana, including immature plants and seedlings;

(2) The sale or transfer of medical marijuana or its derivatives to another licensed facility or approved laboratory;

(3) The transport of medical marijuana or its derivatives to a facility licensed by the Medical Marijuana Commission or the Department of Health;

(4) Disposal of medical marijuana; and

(5) Sale of medical marijuana to:

(A) A qualified patient;

(B) Visiting qualified patient; or

(b) The following information, without limitation, shall be provided for each transaction described in subsection (a) of this section:

(1) Date of transaction or event;

(2) Agent identification number responsible for data entry;

(3) License number of receiving licensed facility or approved laboratory;

(4) Batch identification number;

(5) Plant identification number, if applicable; and

(6) Sales to a qualified patient, visiting qualified patient, or designated caregiver shall include the following in addition to any applicable information required above:

(A) The registry identification number of the patient or caregiver; and

(B) The quantity of medical marijuana dispensed.

(c)(1) Each transaction described in subsection (a) of this section must be recorded by a licensee immediately upon occurrence.

(2) Any licensee who fails to record any transaction listed in subsection (a) within twenty-four (24) hours of the transaction, or who fails to include all of the requisite information listed in subsection (b) of this section, may be subject to the disciplinary actions provided in this part.

20 CAR § 810-1008 Processor tracking requirements {#sec-20-car-810-1008 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1008}

20 CAR § 810-1008. Processor tracking requirements.

(a) A processor shall ensure the following events are logged into the inventory tracking system:

(1) The acquisition of medical marijuana;

(2) The transport of medical marijuana to a licensed cultivator or dispensary; and

(3) Disposal of medical marijuana.

(b) The following information, without limitation, shall be provided for each transaction described in subsection (a) of this section:

(1) Date of transaction or event;

(2) Agent identification number responsible for data entry;

(3) License number of receiving cultivator or dispensary;

(4) Batch identification number; and

(5) Plant identification number, if applicable.

(c)(1) Each transaction described in subsection (a) of this section must be recorded by a licensee immediately upon occurrence.

(2) A licensee that fails to record any transaction listed in subsection (a) of this section within twenty-four (24) hours of the transaction or that fails to include all of the requisite information listed in subsection (b) of this section may be subject to suspension or revocation of license or licenses and/or imposition of monetary fines.

Subpart 11

20 CAR § 810-1101 Operations plan required {#sec-20-car-810-1101 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1101}

20 CAR § 810-1101. Operations plan required.

(a) All cultivation facilities and any dispensary cultivating medical marijuana shall establish and maintain a written operations plan for the production of marijuana in the facility.

(b) The plan shall include:

(1) Standard operating procedures for the cultivation of marijuana in each production area of the facility; and

(2) Information regarding chemicals and pesticides applied during the production process, including but not limited to, when and the manner in which they are applied.

20 CAR § 810-1102 Limitation on plants in a dispensary {#sec-20-car-810-1102 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1102}

20 CAR § 810-1102. Limitation on plants in a dispensary.

(a) A dispensary may grow or possess:

(1) Fifty (50) mature marijuana plants at any one (1) time;

(2) Immature plants, clones, and other precursor genetics; and

(3) All usable marijuana derived from the plants under subdivision (a)(1) of this section or predecessor plants.

(b) A dispensary may contract with a cultivation facility to cultivate one (1) or more mature marijuana plants the dispensary is permitted to grow.

20 CAR § 810-1103 Limitation on harvests in a dispensary {#sec-20-car-810-1103 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1103}

20 CAR § 810-1103. Limitation on harvests in a dispensary.

(a) No more than fifty (50) mature marijuana plants shall be harvested for usable marijuana per month.

(b) Dispensaries storing usable marijuana harvested from mature plants must be stored pursuant to the requirements of 20 CAR § 810-503.

20 CAR § 810-1104 Limitation on plants in a cultivation facility {#sec-20-car-810-1104 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1104}

20 CAR § 810-1104. Limitation on plants in a cultivation facility.

(a) A cultivation facility may grow and possess usable marijuana in an amount reasonably necessary to meet the demand for and needs of qualifying patients as determined by the Medical Marijuana Commission with the assistance of the Department of Health.

(b) A cultivation facility may also possess marijuana seeds.

20 CAR § 810-1105 Production areas {#sec-20-car-810-1105 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1105}

20 CAR § 810-1105. Production areas.

(a) The size and canopy of production areas shall be maintained in accordance with the plans provided to the Medical Marijuana Commission in the application for cultivation facility or dispensary licenses.

(b) Each production area shall be maintained to allow for adequate observation and inventory.

(c) Hygiene and sanitation requirements in 20 CAR §§ 810-705 and 810-806 shall be observed at all times in production areas.

20 CAR § 810-1106 Pesticides and chemicals {#sec-20-car-810-1106 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1106}

20 CAR § 810-1106. Pesticides and chemicals.

(a) All pesticides and chemicals shall only be applied to medical marijuana pursuant to the operations plan.

(b) All facilities cultivating medical marijuana shall maintain the following:

(1) The material safety data sheet required of all cultivation facilities and dispensaries; and

(2) The original label or a copy thereof for all pesticides and other agricultural chemicals used during cultivation.

(c) All facilities cultivating medical marijuana and applying any pesticide or agricultural chemical during any stage of cultivation of medical marijuana shall document and maintain a record of the following:

(1) The date and time of application;

(2) The name of the individual or individuals who applied the pesticide or chemical;

(3) The batch number or numbers of all plants receiving the application;

(4) The name of the product applied;

(5) The United States Environmental Protection Agency registration number of the pesticide or chemical; and

(6) The amount of product applied.

Subpart 12

20 CAR § 810-1201 General requirements for manufacturing and processing medical marijuana {#sec-20-car-810-1201 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1201}

20 CAR § 810-1201. General requirements for manufacturing and processing medical marijuana.

(a) Medical marijuana and medical marijuana products shall only be manufactured and processed in accordance with this part.

(b) All equipment, counters, and surfaces used for processing shall be food-grade and shall not react adversely with any solvent being used.

(c) All counters and surfaces shall be constructed in a manner that reduce the potential for development of microbials, molds, and mildews and that can be easily cleaned.

(d) Every process lot shall be assigned a unique identification number that shall be entered into the inventory tracking system.

(e) With the exception of medical marijuana, all ingredients used to make medical marijuana edibles must meet the requirements for food products set forth by the United States Food and Drug Administration and the Department of Health.

20 CAR § 810-1202 General prohibitions for manufacturing and processing medical marijuana {#sec-20-car-810-1202 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1202}

20 CAR § 810-1202. General prohibitions for manufacturing and processing medical marijuana.

(a) A cultivation facility, processor, or dispensary shall not process or manufacture a medical marijuana product in a nonchildproof package or container:

(1) That by its shape or design is likely to appeal to minors due to shape, color, taste, or design, including but not limited to:

(A) Products that are modeled after noncannabis products primarily consumed by and marketed to children;

(B) Products in the shape of:

(i) An animal;

(ii) A vehicle;

(iii) A person; or

(iv) A character; and

(i) Contain cannabinoid concentrates or extracts that, as determined by the Alcoholic Beverage Control Division, closely resemble foods or beverages that are attractive to minors; and

(ii) Are commonly sold in retail establishments in individually packaged portions or multiple packs of individually packaged portions, regardless of whether the foods or beverages are generic, trademarked, or branded products, including, but without limitation to:

(a) Candy;

(b) Cookies;

(d) Pastries;

(e) Chewing gum; and

(f) Brownies; or

(2) That is manufactured by applying cannabinoid concentrates or extracts to trademarked or branded food, candy, or beverages that are commercially available without cannabinoid concentrates or extracts and are commonly sold at retail establishments in individual portions or in multiple packs of individually packaged portions.

(b) A cultivation facility, processor, or dispensary shall not treat or otherwise adulterate a cannabinoid product, concentrate, or extract with any noncannabinoid additive that would increase potency, toxicity, or addictive potential, or that would create an unsafe combination, with caffeine or other chemical that may increase carcinogenicity or cardiac effects.

(c) A cultivation facility, processor, or dispensary is authorized to sell and possess hemp derived products so long as the product is clearly labeled “hemp derived” and does not violate the restrictions set forth in subsection (b) of this section.

20 CAR § 810-1203 Manufacturing and processing policies and procedures {#sec-20-car-810-1203 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1203}

20 CAR § 810-1203. Manufacturing and processing policies and procedures.

(a) Cultivation facilities, processors, and dispensaries shall create and maintain written policies and procedures for the following:

(1) Instructions for making each cannabinoid concentrate, extract, or product produced on the premises;

(2) Ingredients and amount of each ingredient used for each process lot;

(3) Process for making each product;

(4) Number of servings in a process lot;

(5) Intended amount of THC per serving and in a unit of sale of the product; and

(6) Process for making each process lot homogenous.

(b) Licensed facilities that manufacture and process cannabinoid concentrates or extracts shall create and maintain written policies and procedures regarding:

(1) Procedures for conducting necessary safety checks prior to processing;

(2) Process for purging any solvent or other unwanted components from a cannabinoid concentrate or extract;

(3) Sanitization procedures for working surfaces and equipment;

(4) Procedures for handling or storage of any solvent, gas, or other chemical used in processing;

(5) Quality control procedures; and

(6) Emergency procedures in case of:

(A) A fire;

(B) Chemical spill; or

History

Codification Notes: “THC” means Tetrahydrocannabinol. Authorities: Arkansas Constitution, Amendment 98, sec. 24; Arkansas Constitution, Amendment 98, sec. 8

20 CAR § 810-1204 Manufacturing and processing of cannabinoid edibles {#sec-20-car-810-1204 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1204}

20 CAR § 810-1204. Manufacturing and processing of cannabinoid edibles.

Cultivation facilities and dispensaries manufacturing, and processing cannabinoid edibles shall comply with the following:

(1) The requirements of this section, the requirements of 20 CAR §§ 810-705 and 810-806;

(2) Any state and local kitchen-related health and safety standards for retail food establishments;

(3) Before sale, food or drink that has been combined with usable marijuana shall not exceed ten milligrams (10 mg) of active tetrahydrocannabinol per portion and shall be physically demarked; and

(4) If the portions cannot be physically determined, the entirety of the food or drink that has been combined with usable marijuana shall not contain more than ten milligrams (10 mg) of active tetrahydrocannabinol.

20 CAR § 810-1205 Manufacturing and processing of cannabinoid concentrates and cannabinoid extracts {#sec-20-car-810-1205 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1205}

20 CAR § 810-1205. Manufacturing and processing of cannabinoid concentrates and cannabinoid extracts.

(a) Licensed facilities producing cannabinoid concentrates and extracts shall:

(1) Not use solvent classified as “Class 1” by the United States Food and Drug Administration Guidance, Table 1, published in the Federal Register on December 24, 1997, 62 Fed. Reg. 67,377;

(2) Only use a hydrocarbon-based solvent that is at least 99 percent (99%) purity;

(3) Only use a nonhydrocarbon-based solvent that is food grade;

(4) Work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present; and

(5) Use only potable water and ice made from potable water in processing.

(b) Licensed facilities producing cannabinoid extracts shall:

(1) Not use pressurized canned flammable fuel, including but not limited to butane and other fuels intended for use in:

(A) Camp stoves;

(B) Handheld torch devices;

(D) Similar consumer products;

(2) Process only in a fully enclosed room clearly designated on the floor plan of the licensed facility;

(3) Ensure that all processing rooms and equipment, including all electrical installations, comply with applicable electrical codes and fire codes;

(4) Use a professional grade closed loop extraction system designed to recover the solvents and built to recognized codes and generally accepted engineering standards, such as those of:

(A) American National Standards Institute (ANSI);

(B) Underwriters Laboratories (UL); or

(5) If using carbon dioxide in processing, use a professional-grade, closed-loop carbon dioxide gas extraction system where every vessel is rated to a minimum of six hundred pounds (600 lbs.) per square inch;

(6) Have equipment and facilities used in processing approved for use by the local fire code official;

(7) Have a licensed engineer certify that the closed-loop system was commercially manufactured, and is safe for its intended purposes;

(8) Have an emergency eye-wash station in any room in which cannabinoid extract is being processed; and

(9) Have all applicable material safety data sheets readily available in processing areas.

(1) Mechanical extraction process;

(2) Chemical extraction process using a nonhydrocarbon-based or other solvent, such as:

(A) Water;

(B) Vegetable glycerin;

(D) Animal fats;

(E) Isopropyl alcohol; or

(F) Ethanol; and

(3) Chemical extraction process using the hydrocarbon-based solvent carbon dioxide, provided that the process does not involve the use of pressure or heat over one hundred eighty degrees (180°).

(d) Licensed facilities producing cannabinoid concentrates shall:

(1) Not use denatured alcohol;

(2) Not apply pressure or heat over one hundred eighty degrees (180°) if using carbon dioxide; and

(3) Only use or store dry ice in a well-ventilated room to prevent against the accumulation of dangerous levels of carbon dioxide.

Subpart 13

20 CAR § 810-1301 Medical marijuana packaging {#sec-20-car-810-1301 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1301}

20 CAR § 810-1301. Medical marijuana packaging.

(a) Cultivation facilities, processors, and dispensaries shall:

(1) Package usable medical marijuana that is intended for transport to another licensed facility, and not intended for sale to qualified patients and designated caregivers without repackaging, in a shipping container affixed with a UIN generated by the inventory tracking system; and

(2)(A) Package usable medical marijuana that is intended for sale to a qualified patient or designated caregiver without repackaging in a medical marijuana container.

(B) All medical marijuana containers shall:

(i) Be sealed, traceable, and food compliant; and

(ii) Be child-proof so that it:

(a) Cannot be opened by a child; or

(b) Prevents ready access to toxic or harmful amounts of the packaged product; and

(c) Meets the testing requirements in accordance with the method described in 16 C.F.R. § 1700.20, as existing on January 1, 2017.

(C) Medical marijuana packages shall not be shaped or designed in a manner that is likely to appeal to minors, including but not limited to packaging that:

(i) Is modeled after noncannabis products primarily consumed by and marketed to children;

(ii) Is in the shape of or that depicts an animal, vehicle, person, or character; and

(iii) Closely resembles that of familiar food and drink items, including candy.

(b) All medical marijuana containers shall be labeled according to the standards established by the Department of Health.

Subpart 14

20 CAR § 810-1401 Dispensaries {#sec-20-car-810-1401 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1401}

20 CAR § 810-1401. Dispensaries.

A dispensary may:

(1) Acquire marijuana seedlings, plants, or usable marijuana from another licensed facility;

(2) Acquire marijuana seeds from any individual lawfully entitled to possess marijuana seeds, seedlings, and plants under the laws of the state in which the individual resides;

(3) Enter into a contract with a licensed transporter to transport medical marijuana or marijuana products to and from another:

(A) Dispensary;

(B) Cultivator;

(D) Licensed laboratory;

(4) Transfer or sell marijuana seedlings, plants, or usable marijuana to other licensed facilities and approved laboratories; and

(5) Sell usable marijuana to qualified patients, qualified visitor patients, and designated caregivers within the parameters set forth by:

(A) The Medical Marijuana Commission;

(B) The Department of Health; and

20 CAR § 810-1402 Cultivation facilities {#sec-20-car-810-1402 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1402}

20 CAR § 810-1402. Cultivation facilities.

(a) A cultivation facility may sell marijuana plants, seeds, and usable marijuana only to a dispensary, other cultivation facility, or processing facility within the State of Arkansas or outside of the state as federal law permits.

(b) Enter into a contract with a licensed transporter to transport medical marijuana or marijuana products to and from another:

(1) Dispensary;

(2) Processor;

(3) Cultivator; or

(4) Licensed laboratory.

20 CAR § 810-1403 Processors {#sec-20-car-810-1403 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1403}

20 CAR § 810-1403. Processors.

(a) A processor may acquire medical marijuana from and supply medical marijuana to a licensed cultivator or dispensary.

(b) Enter into a contract with a licensed transporter to transport medical marijuana or marijuana products to and from another:

(1) Dispensary;

(2) Processor;

(3) Cultivator; or

(4) Licensed laboratory.

20 CAR § 810-1404 Weights and measures {#sec-20-car-810-1404 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1404}

20 CAR § 810-1404. Weights and measures.

(a) Cultivation, dispensary, and processors shall utilize standardized weights and measures in accordance with the Arkansas Weights and Measures laws and rules.

(b) Any scale located within a cultivation, dispensary, or processing facility shall be certified once every twelve (12) months by the Department of Agriculture Division of Weights and Measures or a private scale company, certified by the department, and shall comply with their rules for weights and measures.

(c) A copy of the certification report for any scale within a facility shall be produced, on request, to the Alcoholic Beverage Control Division or Alcoholic Beverage Control Enforcement Division.

(d) A cultivation, dispensary, or processor may have certification performed less frequently, so long as they maintain compliance with Arkansas Weights and Measures’ laws and rules.

Subpart 15

20 CAR § 810-1501 Dispensing medical marijuana {#sec-20-car-810-1501 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1501}

20 CAR § 810-1501. Dispensing medical marijuana.

(a) Prior to dispensing medical marijuana to a qualified patient or designated caregiver, a dispensary agent shall:

(1) Verify the identity of the qualifying patient or the designated caregiver;

(2) Verify the validity of the qualifying patient or designated caregiver’s registry identification card;

(3) Enter the qualifying patient or designated caregiver’s registry identification number listed on the registry identification card into the inventory tracking system;

(4) Verify that the qualified patient or designated caregiver has a current authorization by the Department of Health to purchase medical marijuana;

(5) Verify that the amount of medical marijuana the qualifying patient or designated caregiver is requesting would not cause the qualifying patient to exceed the limit on obtaining no more than two and one-half ounces (2 1/2 oz.) of usable medical marijuana during any fourteen-day period; and

(6) Enter the following information into the inventory tracking system:

(A) The dispensary agent’s registry identification number;

(B) The dispensing organization’s registry identification number;

(D) Any UIN associated with the medical marijuana;

(E) Purchase price of the medical marijuana;

(F) Identity of the individual to whom the medical marijuana was dispensed, whether the qualifying patient or the qualifying patient’s designated caregiver;

(G) The date and time the medical marijuana was dispensed; and

(H) If an order is placed for delivery, the following information shall also be recorded:

(i) Registry identification numbers for the agents assigned to deliver the medical marijuana;

(ii) Address for delivery;

(iii) Estimated time of delivery; and

(iv) Actual time of delivery.

(b)(1) Dispensaries may sell medical marijuana to a visiting qualifying patient if the patient produces evidence of his or her registry identification card or its equivalent that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States and proof of registration with the Department of Health.

(2) For each sale to a visiting qualifying patient, the following information shall be entered into the inventory tracking system:

(A) The dispensary agent’s registry identification number;

(B) The dispensing organization’s registry identification number;

(D) Any UIN associated with the medical marijuana;

(E) Identity of the individual to whom the medical marijuana was dispensed; and

(F) The date and time the medical marijuana was dispensed.

(c) A dispensary shall not use a self-service machine such as a vending machine for the purchase and dispensing of medical marijuana.

(d) Use or consumption of medical marijuana on the premises of the dispensary is prohibited.

20 CAR § 810-1502 Marijuana paraphernalia, supplies, and educational materials {#sec-20-car-810-1502 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1502}

20 CAR § 810-1502. Marijuana paraphernalia, supplies, and educational materials.

(a) A dispensary shall:

(1) Make marijuana vaporizers available for sale to qualifying patients and designated caregivers; and

(2) Provide educational materials to qualified patients, qualified visiting patients, and caregivers regarding methods of ingestion to qualifying patients and designated caregivers, including without limitation:

(A) Warnings on the potential health risks of smoking or combusting marijuana; and

(B) Information on potential health benefits of vaporizing marijuana compared to smoking or combusting.

(b)(1) A dispensary may acquire, possess, manufacture, process, prepare, deliver, transfer, transport, supply, and dispense marijuana paraphernalia, marijuana-related supplies, and educational materials to qualifying patients and designated caregivers.

(2) However, a dispensary shall not supply, possess, manufacture, deliver, transfer, or sell marijuana paraphernalia that requires the combustion of marijuana to be properly utilized, including the following:

(A) Pipes;

(B) Water pipes;

(D) Chillums;

(E) Rolling papers, including prerolled products; and

(F) Roach clips.

20 CAR § 810-1503 Recall policy {#sec-20-car-810-1503 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1503}

20 CAR § 810-1503. Recall policy.

(a)(1) All dispensaries shall establish a policy for communicating a recall for any usable marijuana that has been shown to present a reasonable probability that use of or exposure to the product will cause serious adverse health consequences.

(2) The policy shall include:

(A) Procedure for contacting all qualifying patients, visiting qualifying patients, or designated caregivers who have, or likely have, obtained the product from the dispensary;

(B) Information and procedures for returning the product to the dispensary;

(D) Procedure for contacting the processor of the product; and

(E) Procedure for notifying and communicating with the Alcoholic Beverage Control Division and the Department of Health within twenty-four (24) hours of the discovery of hazardous product.

(b) A dispensary shall be responsible for disposing of any recalled marijuana in the manner described in this part.

Subpart 16

20 CAR § 810-1601 Authorized transportation for cultivation facility {#sec-20-car-810-1601 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1601}

20 CAR § 810-1601. Authorized transportation for cultivation facility.

A cultivation facility shall only transport or deliver medical marijuana to:

(1) Another licensed cultivation facility;

(2) A licensed processor;

(3) A licensed transporter;

(4) A licensed dispensary; or

(5) An approved laboratory.

20 CAR § 810-1602 Authorized transportation for dispensary {#sec-20-car-810-1602 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1602}

20 CAR § 810-1602. Authorized transportation for dispensary.

A dispensary shall only transport medical marijuana to a:

(1) Licensed cultivation facility;

(2) Licensed processor;

(3) Licensed dispensary; or

(4) Approved laboratory.

20 CAR § 810-1603 Authorized transportation for processor {#sec-20-car-810-1603 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1603}

20 CAR § 810-1603. Authorized transportation for processor.

A processor shall only transport medical marijuana to and from:

(1) A licensed cultivation facility;

(2) Another licensed processor; or

(3) A licensed dispensary.

20 CAR § 810-1604 Inventory manifest required {#sec-20-car-810-1604 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1604}

20 CAR § 810-1604. Inventory manifest required.

(a)(1) Prior to the transport of any medical marijuana, a printed inventory manifest shall be generated from the inventory tracking system.

(2) The manifest shall include the following information:

(A) The following information for the cultivation facility, processor, or dispensary originating the transport:

(i) License number; and

(ii) Name and contact information for licensee;

(B) The following information for the cultivation facility, processor, dispensary, or approved laboratory receiving the medical marijuana:

(i) License number if the destination is a licensed facility or business name if the destination is an approved laboratory;

(ii) Address of the destination; and

(iii) Name and contact information of the licensee or contact information for the approved laboratory;

(C) Quantities by weight or unit of each type of medical marijuana or medical marijuana product contained in transport, along with the UINs for every item;

(D) The date of transport and approximate time of departure;

(E) Arrival date and estimated time of arrival;

(F) Identity of the agents accompanying the transport; and

(G) Delivery vehicle make and model and license plate number.

(b) A separate manifest shall be prepared for each licensed facility or approved laboratory.

(d) An inventory manifest shall not be altered after departing the originating premises.

(e) Receiving cultivation facilities, processors, and dispensaries shall enter the quantities of each marijuana item received, along with the UINs for every item, into the inventory tracking system.

(f) A cultivation facility, processors, dispensary, or approved laboratory shall refuse to accept any medical marijuana or medical marijuana product that is not accompanied by an inventory manifest.

(g) Originating and receiving licensed facilities shall maintain copies of inventory manifests for three (3) years.

20 CAR § 810-1605 Shipping container required {#sec-20-car-810-1605 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1605}

20 CAR § 810-1605. Shipping container required.

(a) All medical marijuana packaged for transport shall be placed inside a shipping container.

(b) Each shipping container shall be tagged with a UIN.

20 CAR § 810-1606 Secured container required {#sec-20-car-810-1606 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1606}

20 CAR § 810-1606. Secured container required.

All medical marijuana in transport shall be shielded from public view and secured in the following manner:

(1) In a locked, safe, and secure storage compartment that is within the motor vehicle transporting the medical marijuana; or

(2) In a locked storage container that has a separate key or combination pad.

20 CAR § 810-1607 Vehicle and personnel requirements {#sec-20-car-810-1607 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1607}

20 CAR § 810-1607. Vehicle and personnel requirements.

(a) Vehicles used in the transport of medical marijuana shall be:

(1) Insured at or above the legal requirements in Arkansas;

(2) Capable of securing medical marijuana during transport;

(3) Equipped with an alarm system; and

(4) Free of any markings that would indicate the vehicle is being used to transport medical marijuana.

(b) Individuals transporting medical marijuana shall:

(1) Have a valid cultivation facility agent, processor agent, dispensary agent, or transporter agent registry identification card issued by the Alcoholic Beverage Control Division;

(2) Have a valid, government-issued driver’s license; and

(3) Have possession of both the registry identification card and driver license while operating the motor vehicle used to transport medical marijuana.

(c)(1) All transport vehicles shall be staffed with a minimum of two (2) employees when a vehicle contains medical marijuana.

(2) At least one (1) employee shall remain with the vehicle at any time that it contains medical marijuana.

20 CAR § 810-1608 Routes and additional security requirements for transporting medical marijuana {#sec-20-car-810-1608 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1608}

20 CAR § 810-1608. Routes and additional security requirements for transporting medical marijuana.

(a) Any vehicle transporting medical marijuana shall travel directly from the originating licensed facility to the receiving licensed facility or approved laboratory and shall not make any unnecessary stops in between, except to other licensed facilities or approved laboratories receiving inventory.

(b) If a vehicle transporting medical marijuana is involved in any accident or experiences any type of failure causing the vehicle to be stopped at any location, other than a licensed facility or approved laboratory, for more than two (2) hours, the originating licensee shall notify the Alcoholic Beverage Control Division immediately.

20 CAR § 810-1609 Requirements for delivery to qualified patients and designated caregivers {#sec-20-car-810-1609 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1609}

20 CAR § 810-1609. Requirements for delivery to qualified patients and designated caregivers.

(a) A dispensary may deliver usable marijuana to a qualified patient or designated caregiver pursuant to the following:

(1) All requirements for dispensaries set forth in 20 CAR § 810-1501(a) shall be completed prior to delivery;

(2) Deliveries may only occur on the date an order is received and processed through the inventory tracking system pursuant to 20 CAR § 810-1501;

(3) Deliveries may only occur between the hours of 9:00 a.m. and 7:00 p.m.;

(4) A delivery manifest shall accompany each delivery or series of deliveries, and agents shall not deviate from the delivery route or make unnecessary stops;

(5) All deliveries shall be accompanied by a delivery ticket listing the name of the qualified patient or designated caregiver and describing the products ordered;

(6)(A) At the time of delivery, the dispensary agent shall check the registry identification card of the qualified patient or designated caregiver to verify the person accepting delivery is the same person who placed the order.

(B) The qualified patient or designated caregiver who placed the order shall sign the delivery ticket to confirm receipt of the product; and

(7)(A) Medical marijuana may only be delivered to the Arkansas residence listed on the registry identification card for the designated care giver or qualified patient.

(B)(i) “Residence” means a dwelling, such as a:

(a) House;

(b) Apartment;

(d) Retirement center.

(ii) It does not include a:

(a) Dormitory;

(b) Hotel;

(d) Bed and breakfast; or

(e) Other commercial business.

(b) Delivery vehicle and personnel requirements.

(1) Vehicles used for the delivery of medical marijuana shall be:

(A) Insured at or above the legal requirements in Arkansas;

(B) Capable of securing medical marijuana during transport;

(D) Free of any markings that would indicate the vehicle is being used to deliver medical marijuana.

(2) Individuals delivering medical marijuana shall:

(A) Have a valid dispensary agent registry identification card issued by the Alcoholic Beverage Control Division;

(B) Have a valid Arkansas driver license; and

(C) Have possession of both the registry identification card and driver license while operating the motor vehicle used to deliver medical marijuana.

(3)(A) All delivery vehicles shall be staffed with a minimum of two (2) employees when a vehicle contains medical marijuana.

(B) At least one (1) employee shall remain with the vehicle at any time that it contains medical marijuana.

(c) Secure container required. All medical marijuana in transport shall be shielded from public view and secured in the following manner:

(1) In a locked, safe, and secure storage compartment that is part of the motor vehicle transporting the medical marijuana; or

(2) In a locked storage container that has a separate key or combination pad.

(d) Emergency notification required. If a vehicle delivering medical marijuana is involved in any accident or experiences any type of failure rendering the vehicle immobile or requiring the use of a tow truck, the dispensary agent shall notify the division immediately.

Subpart 17

20 CAR § 810-1701 Advertising and marketing medical marijuana {#sec-20-car-810-1701 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1701}

20 CAR § 810-1701. Advertising and marketing medical marijuana.

(a) Cultivation facility and processor advertising and marketing.

(1) Cultivation facilities and processors shall not advertise through any public medium or means designed to market its products to the public.

(2) Cultivation facilities may market their products directly to dispensaries by any means directed solely to the dispensaries and not available to the public.

(3) Processors may market their services directly to licensed cultivation facilities and dispensaries by any means directed solely to the cultivation facilities and dispensaries and not available to the public.

(4) A cultivation or dispensary facility shall not use any of the following images within an advertisement, including without limitation:

(A) A cross;

(B) A caduceus; or

(b) Dispensary advertising and marketing.

(1) Advertising for medical marijuana by dispensaries shall not:

(A) Contain statements that are deceptive, false, or misleading;

(B) Contain any content that can reasonably be considered to target children, including, but not limited to:

(i) Cartoon characters;

(ii) Toys; or

(iii) Similar images and items typically marketed towards children.

(D) Display consumption of marijuana;

(E) Contain material that encourages or promotes marijuana for use as an intoxicant; or

(F) Contain material that encourages excessive or rapid use or consumption.

(2) Advertising and marketing for medical marijuana shall include the following statements:

(A) “Marijuana is for use by qualified patients only. Keep out of reach of children.”;

(B) “Marijuana use during pregnancy or breastfeeding poses potential harms.”;

(D) “Do not operate a vehicle or machinery under the influence of marijuana.”

(3) Dispensaries shall not make any deceptive, false, or misleading assertions or statements on any information material, any sign, or any document provided to a consumer.

(4) Advertising location restrictions. A dispensary shall not place or maintain, or cause to be placed or maintained, any advertisement or marketing material for medical marijuana in the following locations:

(A) Within one thousand feet (1,000’) of the perimeter of a public or private school or daycare center;

(B) On or in a public transit vehicle or public transit shelter; or

(5) Advertising audience restrictions.

(A) A dispensary shall not utilize television, radio, print media, or the internet to advertise and market medical marijuana, unless the licensee has reliable evidence that no more than thirty percent (30%) of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under the age of eighteen (18).

(B) Upon request by the Alcoholic Beverage Control Division, a licensee shall provide the evidence relied upon to make the determination that no more than thirty (30) percent of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under the age of eighteen (18).

(6) Licensed facilities shall not offer any coupons, rebates, or promotions for medical marijuana purchases, unless offered as part of a compassionate care plan presented to the Medical Marijuana Commission as part of the application for licensure.

20 CAR § 810-1702 Building signage requirements {#sec-20-car-810-1702 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1702}

20 CAR § 810-1702. Building signage requirements.

(a) Licensed facilities shall have no more than three (3) signs visible to the general public from the public right-of-way that identify the facility by its business name.

(b) Each sign shall not exceed thirty-six square feet (36 sq. ft.) in length or width.

(d) Signage shall not display any of the following:

(1) Any content or symbol that can reasonably be considered to target children, including, but not limited to:

(A) Cartoon characters;

(B) Toys; or

(2) Any content or symbol commonly associated with the practice of medicine or the practice of pharmacy, including, but not limited to:

(A) A cross of any color;

(B) A caduceus; or

(i) The practice of medicine;

(ii) The practice of pharmacy; or

(iii) Healthcare, in general.

Subpart 18

20 CAR § 810-1801 Disposal of marijuana by cultivation facilities, processors, and dispensaries {#sec-20-car-810-1801 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1801}

20 CAR § 810-1801. Disposal of marijuana by cultivation facilities, processors, and dispensaries.

(a)(1) All medical marijuana waste shall be disposed of in accordance with this part.

(2) All medical marijuana waste shall be stored in a secure, limited access area on the premises of the licensed facility.

(b)(1) All medical marijuana shall be rendered unusable pursuant to the methods set forth in this part prior to disposal.

(2) All steps taken to render the marijuana unusable shall be conducted under video surveillance by the licensed facility’s video surveillance system.

(c) All medical marijuana waste set for disposal shall be properly weighed and recorded in the inventory tracking system.

(d)(1) A cultivation facility, processor, or dispensary shall notify the Alcoholic Beverage Control Division at least seventy-two (72) hours prior to rendering the medical marijuana waste unusable and disposing of it.

(2) The notification shall include the weight of the marijuana to be rendered unusable.

(e) Liquid waste shall be disposed of in compliance with all applicable federal, state, and local:

(1) Laws;

(2) Regulations;

(3) Rules; and

(4) Other requirements.

(f)(1) Disposal of chemical, dangerous, or hazardous waste must be conducted in a manner consistent with federal, state, and local:

(A) Laws;

(B) Regulations;

(D) Other requirements.

(2) This may include, without limitation, the disposal of all pesticide or other chemicals used in the cultivation or manufacturing and production process.

(g)(1) Medical marijuana shall be rendered unusable by grinding and incorporating the cannabis plant waste with other ground materials, so the resulting mixture is at least fifty percent (50%) noncannabis waste by volume.

(2) The following acceptable materials may be combined with cannabis plant waste:

(A)(i) Compostable mixed waste.

(ii) Cannabis waste to be disposed of as compost or in another organic waste method may be mixed with the following types of waste materials:

(a) Food waste;

(b) Yard waste;

(d) Agricultural materials;

(e) Biodegradable products and paper;

(f) Clean wood;

(g) Fruits and vegetables; or

(h) Plant matter; and

(B)(i) Noncompostable mixed waste.

(ii) Cannabis waste to be disposed of in a landfill or another disposal method, such as incineration, may be mixed with the following types of waste materials:

(a) Paper waste;

(b) Cardboard waste;

(d) Soil;

(e) Nonrecyclable plastic; or

(f) Broken glass.

(h)(1) Medical marijuana waste rendered unusable by the methods described in subsection (g) of this section, may be delivered to a permitted solid waste facility for final disposition.

(2) Permitted solid waste facilities may include:

(A)(i) Compostable mixed waste.

(ii) Compost, anaerobic digester, or other facility approved by the division; and

(B)(i) Noncompostable mixed waste.

(ii) Landfill, incinerator, or other facility approved by the division.

Subpart 19

20 CAR § 810-1901 Registry identification card required {#sec-20-car-810-1901 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1901}

20 CAR § 810-1901. Registry identification card required.

(a) Any employee, supervisor, or agent employed by a cultivation facility or processor must have a current registry identification card issued by the Alcoholic Beverage Control Division.

(b) Any employee, supervisor, or agent of a dispensary and any volunteer of a dispensary must have a current registry identification card issued by the division.

(c) The requirements and restrictions for the issuance of a registry identification card are set forth in Subpart 20 of this part.

20 CAR § 810-1902 Hiring procedure {#sec-20-car-810-1902 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1902}

20 CAR § 810-1902. Hiring procedure.

(a) A cultivation facility, processor, or dispensary shall provide a prospective cultivation facility agent, processor agent, or dispensary agent with a completed Notice of Intent to Hire form for submission to the Alcoholic Beverage Control Division.

(b) The prospective agent may not perform any duties on behalf of the licensed facility until such time as their registry identification card has been issued by the division.

20 CAR § 810-1903 Separation of employment {#sec-20-car-810-1903 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1903}

20 CAR § 810-1903. Separation of employment.

(a) A cultivation facility, processor, or dispensary shall notify the Alcoholic Beverage Control Division when any agent ceases to be employed by the:

(1) Cultivation facility;

(2) Processor; or

(3) Dispensary.

(b) Notice of separation of employment shall be on a form provided by the division, and it shall be submitted within seven (7) days of the last date of the agent’s employment.

20 CAR § 810-1904 Personnel records {#sec-20-car-810-1904 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1904}

20 CAR § 810-1904. Personnel records.

(a) A cultivation facility, processor, or dispensary shall keep a record of all individuals employed as cultivation facility, processor, or dispensary agents, including, but not limited to the following information:

(1) Name of employee;

(2) Detailed job description;

(3) Records of any specialized training received or acquired by the employee;

(4) Date or dates of employment;

(5) Record of days worked and time off; and

(6) Any disciplinary action taken against an employee and the cause therefore.

(b) A licensed facility shall maintain required records for at least three (3) years after an employee ceases to work at the facility.

20 CAR § 810-1905 Dispensary pharmacist consultant required {#sec-20-car-810-1905 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-1905}

20 CAR § 810-1905. Dispensary pharmacist consultant required.

(a) A dispensary shall appoint a pharmacist consultant who is a pharmacist licensed with the Arkansas State Board of Pharmacy.

(b) A pharmacist consultant shall:

(1) Register as a dispensary agent under the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98, and follow all procedures;

(2) 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:

(A) Guidelines for providing information to qualifying patients related to risks, benefits, and side effects associated with medical marijuana;

(B) Guidelines for recognizing signs and symptoms of substance abuse; and

(C) Guidelines for refusing to provide medical marijuana to an individual who appears to be impaired or abusing medical marijuana;

(3) Assist in the development and implementation of review and improvement processes for patient education and support provided by the dispensary;

(4) Provide oversight for the development and dissemination of:

(A) Education materials for qualifying patients and designated caregivers that include:

(i) Information about possible side effects and contraindications of medical marijuana;

(ii) Guidelines for notifying the physician who provided the written certification for medical marijuana if side effects or contraindications occur;

(iii) A description of the potential effects of differing strengths of medical marijuana strains and products;

(iv) Information about potential drug-to-drug interactions, including interactions with:

(a) Alcohol;

(b) Prescription drugs;

(d) Supplements;

(v) Techniques for the use of medical marijuana and marijuana paraphernalia; and

(vi) Information about different methods, forms, and routes of medical marijuana administration;

(B) Systems for documentation by a qualifying patient designated caregiver of the symptoms of a qualifying patient that includes:

(i) A logbook;

(ii) A rating scale for pain and symptoms; and

(iii) Guidelines for a patient’s self-assessment; and

(C) Policies and procedures for refusing to provide medical marijuana to an individual who appears to be impaired or abusing medical marijuana; and

(5) Be accessible by the dispensary or dispensary agent through:

(A) Telephonic means at all times during operating hours; and

(B) Telephone or video conference for a patient consultant during operating hours.

(1) Post signage at the check-in station of the dispensary notifying the qualifying patient, visiting patient, or caregiver of the availability of a pharmacist consultant;

(2) Provide to new qualifying patients, visiting patients, or caregivers a card containing language about a consultation with a pharmacist consultant and the contact information of the pharmacist consultant; and

(3) Post information on the website of the dispensary regarding:

(A) A consultation with a pharmacist consultant;

(B) The availability of the pharmacist consultant; and

Subpart 20

20 CAR § 810-2001 Registration and certification required {#sec-20-car-810-2001 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2001}

20 CAR § 810-2001. Registration and certification required.

(a) Any employee, supervisor, volunteer, or agent of a cultivation facility, processor, or dispensary, including a dispensary pharmacist consultant, shall register with the Alcoholic Beverage Control Division and obtain a registry identification card prior to the commencement of any activity within the scope of employment or service at a:

(1) Cultivation facility;

(2) Processor; or

(3) Dispensary.

(b) If an individual is employed by multiple licensed facilities, he or she shall obtain a separate registry identification card for each licensed facility at which he or she is employed.

20 CAR § 810-2002 Application {#sec-20-car-810-2002 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2002}

20 CAR § 810-2002. Application.

The following items must be submitted to the Alcoholic Beverage Control Division to apply for a cultivation facility, processor, or dispensary registry card:

(1) An application form from the Alcoholic Beverage Control Division to include the following information:

(A) Legal name of applicant;

(B) Date of birth;

(D) Current employment information, including intended position in cultivation facility, processor, or dispensary; and

(E) Criminal history information;

(2) A completed “Notice of Intent to Hire” form from the cultivation facility or dispensary specifying the intended job duties of the applicant;

(3) A signed, notarized “Authority to Release Information” form provided by the Alcoholic Beverage Control Division;

(4) An in-state criminal background check through the Division of Arkansas State Police, which may be submitted by electronic submission by a Division of Arkansas State Police-approved vendor;

(5) The applicant shall also furnish fingerprints to the Division of Arkansas State Police, which may be collected by a Division of Arkansas State Police-approved vendor for electronic submission, for transmission to the United States Federal Bureau of Investigation for investigation of the applicant’s criminal history, if any;

(6) The following signed forms to be provided by the Alcoholic Beverage Control Division:

(A) “Agency Privacy Requirements for Noncriminal Justice Applicants” form; and

(B) “Noncriminal Justice Applicant’s Privacy Rights” form; and

(7) An applicant shall not have to submit the information in subdivisions (4), (5), and (6) of this section if the applicant:

(A) Holds an existing registry identification card for another licensed facility; or

(B) Has completed the required background checks for the purpose of obtaining a registry identification card in the two (2) years prior to the application, and the applicant has never had a registration card suspended or revoked.

20 CAR § 810-2003 Registry identification card {#sec-20-car-810-2003 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2003}

20 CAR § 810-2003. Registry identification card.

(a)(1) Any employee, supervisor, volunteer, or agent of a cultivation facility, processor, or dispensary, including a dispensary pharmacist consultant, shall maintain possession of their registry identification card during any activity within the scope of employment or service at a cultivation facility or dispensary.

(2) The card shall either be kept on the individual’s person or in an accessible location on the premises of the licensed facility.

(b) The registry identification card shall identify the following information:

(1) Name of the cardholder;

(2) Date of birth;

(3) Name of cultivation facility, processor, or dispensary;

(4) Date of issuance;

(5) Date of expiration; and

(6) Registry identification number assigned by the Alcoholic Beverage Control Division.

20 CAR § 810-2004 Fee {#sec-20-car-810-2004 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2004}

20 CAR § 810-2004. Fee.

(a) The total fee for a registry identification card issued by the Alcoholic Beverage Control Division shall be fifty dollars ($50.00).

(b) The total fee shall be collected as follows:

(1) One half (1/2) of the fee shall be remitted along with the application; and

(2) One half (1/2) of the fee shall be remitted upon notification by the division that the application has been approved.

20 CAR § 810-2005 Issuance {#sec-20-car-810-2005 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2005}

20 CAR § 810-2005. Issuance.

(a) The Alcoholic Beverage Control Division shall not issue a registry identification card until:

(1) It has received the results of both criminal background checks required by 20 CAR § 810-2002; and

(2) It has received the fees required by 20 CAR § 810-2004.

(b) Registry identification cards shall be issued by the division within ten (10) days of receipt of the entire fee as described in 20 CAR § 810-2004.

20 CAR § 810-2006 Replacement {#sec-20-car-810-2006 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2006}

20 CAR § 810-2006. Replacement.

(a) The Alcoholic Beverage Control Division shall issue a replacement registry identification card to a dispensary, processor, or cultivation facility agent if the card has not expired.

(b) In order to receive a replacement registry identification card, a person must present the following to the division:

(1) A valid government-issued photo identification;

(2) A completed “Request for Replacement Registry Identification Card” form to be provided by the division; and

(3) A replacement fee of twenty-five dollars ($25.00).

20 CAR § 810-2007 Expiration and renewal {#sec-20-car-810-2007 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2007}

20 CAR § 810-2007. Expiration and renewal.

(a) A registry identification card shall expire on June 30 of each calendar year and is renewable on or before June 30 of each calendar year for the fiscal year beginning July 1.

(b) A registry identification card shall expire upon notification to the Alcoholic Beverage Control Division by a dispensary, processor, or cultivation facility that the person is no longer employed by the:

(1) Dispensary;

(2) Processor; or

(3) Cultivation facility.

(c) Cardholders shall submit a renewal form to be provided by the division and a fee of fifty dollars ($50.00) in order to renew their cards.

(d) Cards shall be renewed within ten (10) days of receipt of the items described in subsection (c) of this section.

(e)(1) Renewals received after the date of expiration shall be subject to a penalty of twenty-five dollars ($25.00), in addition to the renewal fee.

(2) If a card is not renewed within one (1) month of expiration, the card shall be considered expired.

20 CAR § 810-2008 Separation of employment {#sec-20-car-810-2008 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2008}

20 CAR § 810-2008. Separation of employment.

(a) A dispensary, processor, or cultivation facility shall notify the Alcoholic Beverage Control Division of any separation of employment with a registered agent by filing a Notice of Separation of Employment with the division any time a dispensary agent, processor agent, or cultivation facility agent ceases to be employed by the:

(1) Dispensary;

(2) Processor; or

(3) Cultivation facility.

(b) The Notice of Separation of Employment shall be filed within seven (7) days following an agent’s last day of employment at the licensed facility.

20 CAR § 810-2009 Persons disqualified {#sec-20-car-810-2009 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2009}

20 CAR § 810-2009. Persons disqualified.

(a) The Alcoholic Beverage Control Division shall not issue a registry identification card to the following individuals:

(1) Any person under twenty-one (21) years of age;

(2) Any person who has been convicted of an excluded felony offense;

(3) Any person who has had a registry identification card revoked by the division within five (5) years of application; or

(4) Any person who has not paid the fees required by 20 CAR § 810-2004.

(b) The division shall not issue a registry identification card to any person who fails to provide the information required in 20 CAR § 810-2002.

20 CAR § 810-2010 Suspension and revocation {#sec-20-car-810-2010 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2010}

20 CAR § 810-2010. Suspension and revocation.

(a) The Alcoholic Beverage Control Division may revoke the registry identification card of a dispensary, processor, or cultivation facility agent who knowingly violates any provision set forth in Subpart 21 of this part.

(b) The division may revoke or suspend the dispensary license, cultivation facility license, or processor license of a dispensary, cultivation facility, or processor facility that the division determines knowingly aided or facilitated a violation of any provision set forth in Subpart 21 of this part.

Subpart 21

20 CAR § 810-2101 Grounds for suspension or revocation of a registry identification card {#sec-20-car-810-2101 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2101}

20 CAR § 810-2101. Grounds for suspension or revocation of a registry identification card.

The Alcoholic Beverage Control Division may suspend or revoke the registry identification card of any cultivation facility agent, processor agent, or dispensary facility agent who knowingly violates any provision of the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98, or the rules promulgated by the:

(1) Medical Marijuana Commission;

(2) Department of Health; or

(3) Alcoholic Beverage Control Division.

20 CAR § 810-2102 Grounds for suspension, revocation, or placing of monetary fine against a dispensary, processor, or cultivation facility {#sec-20-car-810-2102 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2102}

20 CAR § 810-2102. Grounds for suspension, revocation, or placing of monetary fine against a dispensary, processor, or cultivation facility.

Any dispensary, cultivation, or processing license may be suspended, revoked, or may be assessed against the licensee a monetary fine of up to five thousand dollars ($5,000) for any violation of the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98, by any licensee or any employee, agent, or servant of the licensee, including the following violations:

(1) False material statements made by a licensee to the Medical Marijuana Commission during the application process;

(2) Failure of the licensed facility to pay taxes owed to the State of Arkansas or to any political subdivision of the State of Arkansas;

(3) Failure to prevent diversion or theft of medical marijuana;

(4) Allowing any employee, supervisor, volunteer, or agent who has not obtained, or had suspended or revoked, a registry identification card from the Alcoholic Beverage Control Division to work on a licensed premise or perform any duty on behalf of the:

(A) Dispensary;

(B) Processor; or

(5) Failure to allow entry to the licensed premises to Alcoholic Beverage Control Enforcement Division agents or duly authorized police officers in the course and scope of their employment;

(6) Failure to maintain operational alarm systems and video surveillance systems;

(7) Failure to maintain or keep any record required by this part or Arkansas law;

(8) Failure to comply with advertising and marketing restrictions;

(9) Failure to properly package or secure medical marijuana on the licensed premises or during transport;

(10) Failure to properly dispose of medical marijuana;

(11) Operating a cultivation facility, processor, or dispensary when a license has been suspended;

(12) Failure to comply with any rule promulgated by the Department of Health regarding medical marijuana;

(13) Failure to comply with any rule promulgated by the Medical Marijuana Commission;

(14) Failure to comply with any law of the State of Arkansas concerning medical marijuana;

(15) Failure to comply with any local regulation regarding medical marijuana;

(16) Failure to comply with any rule of the Alcoholic Beverage Control Division; and

(17) Knowingly aiding or facilitating in a violation of:

(A) The Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;

(B) Rules promulgated by the:

(i) Medical Marijuana Commission;

(ii) Department of Health; or

(iii) Alcoholic Beverage Control Division; or

20 CAR § 810-2103 Grounds for suspension, revocation, or placing of monetary fine against a cultivation facility license {#sec-20-car-810-2103 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2103}

20 CAR § 810-2103. Grounds for suspension, revocation, or placing of monetary fine against a cultivation facility license.

Any cultivation license may be suspended, revoked, or may be assessed against the licensee a monetary fine of up to five thousand dollars ($5,000) for any violation of the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98, by any licensee or any employee, agent, or servant of the licensee, including the following violations:

(1) Possession of usable marijuana in excess of the amount reasonably necessary to meet the demand for and needs of qualifying patients as determined by the Medical Marijuana Commission and the Department of Health;

(2) Selling, delivering, or transporting marijuana in any form to any person or entity without the required license issued by the commission or an approved laboratory for testing purposes;

(3) Giving marijuana to any person or entity;

(4) Selling marijuana to any dispensary or cultivation facility that has a license under suspension, revocation, or that has not been renewed;

(5) Failure to properly label and package marijuana that is moved between the cultivation facility and a dispensary or other cultivation facility; and

(6) Failure to utilize the inventory tracking system for reporting and inventory control.

20 CAR § 810-2104 Grounds for suspension, revocation, or placing of monetary fine against a processor license {#sec-20-car-810-2104 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2104}

20 CAR § 810-2104. Grounds for suspension, revocation, or placing of monetary fine against a processor license.

A processor license may be suspended, revoked, or a monetary fine of up to five thousand dollars ($5,000) dollars may be assessed against the licensee for any violation of the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98, by any licensee or any employee, agent, or servant of the licensee, including the following violations:

(1) Possession of usable marijuana in excess of the amount reasonably necessary to meet the demand for and needs of qualifying patients as determined by the Arkansas Medical Marijuana Commission and the Arkansas Department of Health;

(2) Growing, selling, or dispensing medical marijuana;

(3) Giving marijuana to any person or entity;

(4) Failure to properly label and package marijuana that is moved between the processor and a dispensary or cultivation facility; and

(5) Failure to utilize the inventory tracking system for reporting and inventory control.

20 CAR § 810-2105 Grounds for suspension, revocation, or placing of monetary fine against a dispensary license {#sec-20-car-810-2105 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2105}

20 CAR § 810-2105. Grounds for suspension, revocation, or placing of monetary fine against a dispensary license.

Any dispensary license may be suspended, revoked, or assessed a monetary fine of up to five thousand dollars ($5,000) for any violation of the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98, by any licensee or any employee, agent, or servant of the licensee, including the following violations:

(1) Accepting marijuana seeds, seedlings, plants, or usable marijuana from an unauthorized source;

(2) Transferring, selling, or delivering marijuana seedlings, plants, or usable marijuana to any entity or person, except as allowed by law by dispensaries, transporters, processors, and cultivation facilities licensed by the Medical Marijuana Commission, qualifying patients, visiting qualifying patients, designated caregivers, and approved laboratories for testing purposes;

(3)(A) Dispensing more than a total of two and one-half ounces (2 1/2 oz.) of usable marijuana to either a qualifying patient or designated caregiver acting on behalf of a qualifying patient during a fourteen-day period.

(B) A dispensary shall not dispense more than a total of two and one-half ounces (2 1/2 oz.) of usable marijuana to a visiting qualifying patient during a fourteen-day period;

(4) Failure to record and report required information for all transactions for the dispensing of usable marijuana;

(5) Giving samples of marijuana or marijuana products;

(6) Failure to utilize the inventory control tracking system for reporting and inventory control;

(7) Use of a self-service machine such as a vending machine for the purchase and dispensing of medical marijuana; and

(8) Failure to properly label and package marijuana or marijuana products that are to be sold to qualified:

(A) Patients;

(B) Visiting patients; and

Subpart 22

20 CAR § 810-2201 Violation reports and notices {#sec-20-car-810-2201 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2201}

20 CAR § 810-2201. Violation reports and notices.

(a) The Director of the Alcoholic Beverage Control Division, the Director of the Alcoholic Beverage Control Enforcement Division, an enforcement agent, an employee of the Alcoholic Beverage Control Board, or assisting law enforcement officer may issue an inspection report, an advisory report, or a notice of violation before taking action to fine, suspend, or revoke a:

(1) Dispensary license;

(2) Processor license;

(3) Cultivation facility license; or

(4) Agent registry identification card.

(b)(1) An inspection report documents an inspection of a licensed premises.

(2) An inspection report must be prepared on a form prescribed by the board.

(c) The Director of the Alcoholic Beverage Control Division may issue a notice of violation if an inspection report or other credible information shows a licensed facility or its agent is in violation of:

(1) The Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;

(2) Any rule promulgated by the:

(A) Alcoholic Beverage Control Division;

(B) Medical Marijuana Commission; or

(3) Any order of the:

(A) Alcoholic Beverage Control Division;

(B) Medical Marijuana Commission; or

(4) Any law relating to marijuana; or

(5) Any law relating to taxation.

(d) A notice of violation shall be delivered to the licensed facility at its licensed premises.

(e)(1) A notice of violation regarding a cultivation facility agent, a dispensary agent, or a processing facility agent shall be delivered to the agent at his or her place of employment.

(2) A copy of the notice shall be provided to the licensee of the:

(A) Cultivation facility;

(B) Dispensary; or

(f)(1) The notice shall describe any violation, and cite the applicable:

(A) Constitutional amendment provision;

(B) Statute;

(D) Order of the board; or

(E) Other law.

(2) A violation report or notice may be the basis of a proceeding to fine, suspend, revoke, or otherwise penalize a licensed facility's license.

(3) The notice may include the Director of the Alcoholic Beverage Control Division’s proposed fine, as well as any proposed penalty to be imposed.

(4) A licensed facility, cultivation facility agent, processor agent, or dispensary agent that receives a notice of violation shall in writing, not later than ten (10) days after service of the notice, either:

(A) Consent to the proposed penalty set forth in the notice and waive the right to a hearing; or

(B) Request an opportunity to appear before the Director of the Alcoholic Beverage Control Division or an authorized hearing officer.

(g) If the licensee or agent consents to the penalty set forth in the offer and settlement served upon them and waives the right to a hearing, the licensee or agent shall fulfill the terms set forth in the notice of violation.

(h) If a hearing is requested, a hearing shall be scheduled, and the recipient of the violation shall receive a notice of hearing in compliance with this part.

(i) If the recipient of the notice of violation fails to respond to the notice of violation, the Director of the Alcoholic Beverage Control Division shall enter an order in compliance with this part.

20 CAR § 810-2202 All hearings for suspension, revocation, or money fine of licenses to be before the director or designated hearing officer upon notice of hearing and emergency exception {#sec-20-car-810-2202 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2202}

20 CAR § 810-2202. All hearings for suspension, revocation, or money fine of licenses to be before the director or designated hearing officer upon notice of hearing and emergency exception.

(a) All hearings for the suspension, revocation, or money fine of licenses or registry identification cards of dispensary agents, processor agents, and cultivation facility agents shall initially be before the Director of the Alcoholic Beverage Control Division or a hearing officer designated as provided in this part pursuant to the notice required by this part, with an opportunity for interested parties to respond and present evidence and argument on all issues involved.

(b) If the director finds, pursuant to Arkansas Code § 25-15-211(c), that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in his or her order, summary suspension of the license or registry identification card may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined.

(c) If the director makes the determination set out in subsection (b) of this section, the provisions of 20 CAR § 810-2201 shall not apply.

20 CAR § 810-2203 Contents of notice required {#sec-20-car-810-2203 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2203}

20 CAR § 810-2203. Contents of notice required.

In every case in which a hearing is required by this part or by any law of the State of Arkansas pursuant to notice, such notice shall include the following:

(1) A statement of the time, place, and nature of the hearing;

(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) A short and plain statement of the matters of fact and law asserted; and

(4) A statement advising the recipient of the notice that the license or registry identification card may be suspended or revoked.

20 CAR § 810-2204 Conduct of hearing by the director or hearing officer {#sec-20-car-810-2204 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2204}

20 CAR § 810-2204. Conduct of hearing by the director or hearing officer.

In the conduct of any hearing held by the Director of the Alcoholic Beverage Control Division or the hearing officer designated as provided in this part, the director or such hearing officer shall be authorized:

(1) To examine or cause to be examined under oath any person and to examine or cause to be examined books and records of any licensee or agent;

(2) To hear testimony, to take proof material for his or her information and for the purposes of the hearing;

(3) To administer or cause to be administered oaths; and

(4)(A) For such purposes, to issue subpoenas to require the appearance of witnesses and the production of books and records, which subpoenas shall be effective in any part of this state.

(B) Any circuit court may by order duly entered require the attendance of witnesses or the production of relevant books and records subpoenaed by the director, and the court may compel obedience to its orders by proceedings for contempt.

(C) Any licensee or agent involved in a hearing before the director shall be entitled, on request, to a subpoena for the compulsory attendance of witnesses desired by him or her.

20 CAR § 810-2205 Order denying, suspending, revoking, or imposing a money fine against licensee or agent {#sec-20-car-810-2205 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2205}

20 CAR § 810-2205. Order denying, suspending, revoking, or imposing a money fine against licensee or agent.

(a) Whenever the Director of the Alcoholic Beverage Control Division shall deny, suspend, or revoke any license or application or impose a money fine against any licensee or agent, he or she shall prepare an order so providing, which shall be signed by the director or some person designated by him or her.

(b) Said order shall:

(1)(A) Include findings of fact and conclusions of law, separately stated.

(B) Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings;

(2) Be mailed by certified mail by the director to the licensee or agent to the address provided by the licensee or the agent; and

(3) Be final and binding on all parties until such order has been appealed as provided in this part and a decision rendered by the Alcoholic Beverage Control Board.

20 CAR § 810-2206 Appeal by person aggrieved by order of the director {#sec-20-car-810-2206 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2206}

20 CAR § 810-2206. Appeal by person aggrieved by order of the director.

(a)(1) Any licensee or agent aggrieved by an order of denial, suspension, revocation, or the imposition of a money fine by the Director of the Alcoholic Beverage Control Division may appeal from such order to the Alcoholic Beverage Control Board by filing a notice of appeal with the board.

(2) The notice of appeal must be mailed or delivered to the offices of the division within fifteen (15) days after the order to be appealed from was received by the recipient, as shown by the certified mail return receipt card returned to the division.

(3) The notice of appeal shall designate the name of the licensee or agent.

(b)(1) At least ten (10) days before the time set for the hearing, the division shall notify the licensee or agent of the time and place where said appeal shall be heard by the board or by a hearing officer designated as provided in this part.

(2) Such notice to the licensee or agent shall be mailed by regular first-class mail.

(c) Said hearing shall be held within at least sixty (60) days after the date of the filing of the notice of appeal unless the person appealing shall consent to a later hearing.

20 CAR § 810-2207 Conduct of hearing by the Alcoholic Beverage Control Board {#sec-20-car-810-2207 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2207}

20 CAR § 810-2207. Conduct of hearing by the Alcoholic Beverage Control Board.

For the purpose of hearing or conducting any appeal authorized to be heard by it, the Alcoholic Beverage Control Board or any hearing officer designated as provided in this part shall have the power:

(1) To examine or cause to be examined:

(A) Under oath any licensee or agent or any other person; and

(B) The books and records of any such licensee or agent;

(2) To hear testimony and to take proof, presented by the Alcoholic Beverage Control Division, Alcoholic Beverage Control Enforcement Division, or such licensee or agent material for its information or the information of such hearing officer in hearing such appeal;

(3) To administer or cause to be administered oaths; and

(4)(A) For such purposes, to issue subpoenas requiring the attendance of witnesses and the production of books and records, such subpoenas to be effective in any part of this state.

(B) Any circuit court may by order duly entered require the attendance of witnesses and the production of relevant books and records subpoenaed by the board, and the court may compel obedience to its orders by proceedings for contempt.

(C) A licensee or agent involved in a hearing before the board shall be entitled, on request, to a subpoena for the compulsory attendance of witnesses desired by him or her.

20 CAR § 810-2208 Order by the board {#sec-20-car-810-2208 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2208}

20 CAR § 810-2208. Order by the board.

(a) Within five (5) days after a hearing is concluded by the Alcoholic Beverage Control Board, the board shall render its written decision or order.

(b)(1) Such written order shall include findings of facts and conclusions of law, separately stated.

(2) Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.

(d)(1) Said order shall be final and binding on the licensee or agent.

(2) Provided, however, that an appeal may be taken from any order against a licensee or agent as provided for in this part.

20 CAR § 810-2209 Appeal from board to courts {#sec-20-car-810-2209 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2209}

20 CAR § 810-2209. Appeal from board to courts.

(a) Any licensee or agent aggrieved by an order of the Alcoholic Beverage Control Board may appeal to the circuit court system in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(b) An appeal from the judgment of the circuit court may be taken to the Court of Appeals or the Supreme Court in the manner provided for the appeal of civil matters from the circuit court.

20 CAR § 810-2210 Appellant to pay costs of preparing transcript of board hearings {#sec-20-car-810-2210 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2210}

20 CAR § 810-2210. Appellant to pay costs of preparing transcript of board hearings.

(a)(1) Pursuant to the provisions of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., the Alcoholic Beverage Control Division shall prepare the certified copy of the agency record for filing in any appeal filed under the Arkansas Administrative Procedure Act.

(2) However, the division will recover one dollar and fifty cents ($1.50) per page for each page of the transcript of the division proceedings filed with the circuit court if the division is determined to be the prevailing party in the Arkansas Administrative Procedure Act review.

(b)(1) In the event any parties request that the division provide a copy of the agency record, the division shall be entitled to recover forty cents (40¢) per page for each copy of the transcript.

(2) Any copies of division files, records, or transcripts shall be paid for at the rates noted above.

(3) All monies received by the division pursuant to the above provisions shall be deposited to the general revenues of the State of Arkansas.

20 CAR § 810-2211 Admissibility of evidence of hearings {#sec-20-car-810-2211 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2211}

20 CAR § 810-2211. Admissibility of evidence of hearings.

In any hearing provided for by this part or by any law of the State of Arkansas, the Director of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Board, and any hearing officer designated pursuant to this part to conduct such hearing, shall not be bound by the legal rules of evidence in conducting any hearing and in making any decision, and may take into consideration any testimony, papers, or documents which may be deemed relevant to the issues involved.

20 CAR § 810-2212 Designation of hearing officer {#sec-20-car-810-2212 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2212}

20 CAR § 810-2212. Designation of hearing officer.

Pursuant to the power granted to the Alcoholic Beverage Control Division, in part by Arkansas Code § 25-15-213, and pursuant to other powers granted to the Director of the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Board, the director or the board may designate any member of the division to conduct any hearing authorized by this part or by any medical marijuana law of the State of Arkansas.

20 CAR § 810-2213 Right to counsel and to cross-examine witnesses for any person compelled to appear at hearing {#sec-20-car-810-2213 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2213}

20 CAR § 810-2213. Right to counsel and to cross-examine witnesses for any person compelled to appear at hearing.

Any person compelled to appear at any hearing provided by this part or by any Arkansas medical marijuana law of the State of Arkansas, including but not limited to the violation recipient, shall have the right to be accompanied and advised by counsel and to cross-examine witnesses.

20 CAR § 810-2214 Suspended or revoked license or registry identification card to be surrendered {#sec-20-car-810-2214 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2214}

20 CAR § 810-2214. Suspended or revoked license or registry identification card to be surrendered.

After a license or registry identification card has been suspended or revoked by order of the Director of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Board, or any court order which has become final, notice thereof shall be given by the director to any authorized agent of the Alcoholic Beverage Control Enforcement Division and said agent shall immediately take possession of the license or registry identification card and return it to the director.

Subpart 23

20 CAR § 810-2301 Notice of intent to commence operations {#sec-20-car-810-2301 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2301}

20 CAR § 810-2301. Notice of intent to commence operations.

(a) If a licensed cultivator, licensed processor, licensed dispensary, or licensed transporter within three hundred sixty-five (365) days of its initial license being issued or within three hundred sixty-five (365) days of its renewal, if the initial license was issued prior to January 1, 2020, fails to notify the Alcoholic Beverage Control Division of its intent to commence operations pursuant to 20 CAR § 810-202, the license shall be considered abandoned and shall be immediately surrendered to the Director of the Alcoholic Beverage Control Division.

(b) A licensed cultivator, licensed processor, licensed dispensary, or licensed transporter, prior to the abandonment of the license, may submit a written petition to director for a one-time sixty-day extension, which will be granted upon a finding that:

(1) The delay was not due to inattention on the part of the licensee; and

(2) There is a good faith basis to grant the extension.

20 CAR § 810-2302 Petition for return {#sec-20-car-810-2302 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2302}

20 CAR § 810-2302. Petition for return.

Within thirty (30) days of the date the license is abandoned, the licensee may petition the Alcoholic Beverage Control Board to have the license returned by submitting evidence of the following information:

(1) That all taxes and fees owed to the state have been paid;

(2) The reason for the delay; and

(3) The date the licensee intends to commence operations.

20 CAR § 810-2303 License revocation {#sec-20-car-810-2303 omnilex-key=us-ar-regs-official--title-20-part-810--20 CAR § 810-2303}

20 CAR § 810-2303. License revocation.

If the licensee does not petition for the return of the license, or if the Alcoholic Beverage Control Board rejects the petition, the license shall be considered revoked.