Arkansas Administrative Code

20 CAR § 800-209. Selection process and criteria based on merit selection. (a)(1) In addition to documentation establishing minimum qualifications, the applicant shall submit responses to the Medical Marijuana Commission’s merit criteria in a form and manner prescribed by the Med…

20 CAR § 800-210. Licensing fee and issuance of license. (a)(1) Within seven (7) days of receiving written notice of selection from the Medical Marijuana Commission, the selected applicant shall submit to the commission a cultivation facility license fee of one hundred thousand d…

20 CAR § 800-211. Term. A license 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 unless the license is: (A) Suspended or revoked by the Alcoholic Beverage Control Division; (B) Surrend…

20 CAR § 800-212. Denial of application for or renewal of a license. (a) The Medical Marijuana Commission may deny an application for or renewal of a license for any of the following reasons: (1) Failure to provide the information required in this part; (2) Failure to meet the re…

20 CAR § 800-213. License renewal process and fee. (a) A license may be renewed if the cultivation facility licensee: (1) Submits to the Medical Marijuana Commission a renewal application on a form and in a manner prescribed by the commission at least sixty (60) days prior to the…

20 CAR § 800-214. Surrender of license. (a) A cultivation facility may voluntarily surrender a license to the Medical Marijuana Commission at any time. (b) If a cultivation facility voluntarily surrenders a license, the cultivation facility shall: (1) Return the license to the co…

20 CAR § 800-215. Change in information. (a) The cultivation facility licensee shall notify the Medical Marijuana Commission of any changes in contact information. (b)(1) The cultivation facility licensee shall: (A) Notify the commission in writing no less than fourteen (14) days…

20 CAR § 800-216. Transfer of license. (a) Licenses shall only be effective for the individuals identified in the original application. (b) A licensee may not sell, transfer, or otherwise dispose of his or her license to another individual without approval from the Medical Mariju…

20 CAR § 800-217. Transfer of location. (a) A cultivation facility license shall only be valid at the location for which it was originally issued by the Medical Marijuana Commission. (b) A licensee shall not relocate a cultivation facility without prior approval by the commission…

20 CAR § 800-218. Issuance of temporary license. (a) The Medical Marijuana Commission may issue a temporary license to another natural person in conjunction with a cultivation facility when the natural person applicant whose name is on the license of the cultivation facility ceas…

20 CAR § 800-219. Appellate procedure following denial of license renewal, transfer of license or location. (a) If the Medical Marijuana Commission denies an application for the renewal of a cultivation facility license, the transfer of a license, or the transfer of the location …

20 CAR § 800-220. Hiring of consultants. (a) The Medical Marijuana Commission may retain the services of a contractor or consultant. (b) The selection of any contractor or consultant shall be conducted pursuant to the procurement laws of the State of Arkansas. (c) The recommendat…

20 CAR § 800-301. License required. (a) No person shall operate a medical marijuana dispensary unless the person has a license issued by the Medical Marijuana Commission pursuant to this part. (b) Each license for a dispensary shall specify the: (1) Name of the individual who hol…

20 CAR § 800-302. Licenses available. (a) The Medical Marijuana Commission shall issue at least twenty (20) but no more than forty (40) dispensary licenses. (b)(1) Licenses shall be distributed within eight (8) geographic zones to ensure that dispensaries are available throughout…

20 CAR § 800-303. Application. (a) An application for a dispensary license shall include both an individual applicant and an applying entity, and they shall apply to the Medical Marijuana Commission on a form and in a manner prescribed by the commission. (b) Applications will be …

20 CAR § 800-304. Minimum qualifications for applicant. (a) An applicant for a license under this part shall be a natural person that: (1) Is twenty-one (21) years of age or older; (2) Is a current resident of the State of Arkansas and has been a resident for seven (7) consecutiv…

20 CAR § 800-305. Documentation and information for applicant. (a) An individual applicant shall provide the following required information: (1) Legal name; (2) Date of birth; (3) Legal residence; (4) Social Security number; (5) Mailing address or principal residence address if d…

20 CAR § 800-306. Background checks. (a) The following are subject to background checks conducted by the Medical Marijuana Commission or its designee in considering an application for a dispensary license: (1) The individual applicant; (2) All owners, officers, and board members …

20 CAR § 800-307. Application fee. (a)(1) Each application for a dispensary license shall include an application fee of seven thousand five hundred dollars ($7,500) in cash or certified funds. (2) Any certified check or cashier’s check shall be: (A) Made payable to State of Arkan…

20 CAR § 800-308. Verification of application. (a) After receipt of an application, the Medical Marijuana Commission shall verify that the: (1) Application and supporting documentation is complete; and (2) Information submitted in the application is true and valid. (b)(1) Applica…

20 CAR § 800-309. Selection process and criteria based on merit selections. (a)(1) In addition to documentation establishing minimum qualifications, the applicant shall submit responses to the Medical Marijuana Commission’s merit criteria in a form and manner prescribed by the Me…

20 CAR § 800-310. Licensing fee and issuance of license. (a)(1) Within seven (7) days of receiving written notice of selection from the Medical Marijuana Commission, the selected applicant for a dispensary license shall submit to the commission a dispensary license fee of fifteen…

20 CAR § 800-311. Term. A license 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, unless the license is: (1) Suspended or revoked by the Alcoholic Beverage Control Division; (2) Surren…

20 CAR § 800-312. Denial of application for or renewal of a license. (a) The Medical Marijuana Commission may deny an application for or renewal of a license for any of the following reasons: (1) Failure to provide the information required in this part; (2) Failure to meet the re…

20 CAR § 800-313. License renewal process and fee. (a) A license may be renewed if the dispensary licensee: (1) Submits to the Medical Marijuana Commission a renewal application on a form and in a manner prescribed by the commission at least sixty (60) days prior to the expiratio…

20 CAR § 800-314. Surrender of license. (a) A dispensary may voluntarily surrender a license to the Medical Marijuana Commission at any time. (b) If a dispensary voluntarily surrenders a license, the dispensary shall: (1) Return the license to the commission; (2) Submit a report …

20 CAR § 800-315. Change in information. (a) The dispensary licensee shall notify the Medical Marijuana Commission of any changes in contact information. (b)(1) The dispensary licensee shall notify the commission in writing no less than fourteen (14) days in advance of any change…

20 CAR § 800-316. License restrictions. (a) The dispensary license shall only be applicable for use in the geographic zone for which it is issued. (b) A dispensary being operated outside of its designated area will result in the dispensary’s license being revoked.

20 CAR § 800-317. Transfer of license. (a) Licenses shall only be effective for the individuals identified in the original application. (b) A licensee may not sell, transfer, or otherwise dispose of his or her license to another individual without approval from the Medical Mariju…

20 CAR § 800-318. Transfer of location. (a) A dispensary license shall only be valid at the location for which it was originally issued by the Medical Marijuana Commission. (b) A licensee shall not relocate a dispensary without prior approval by the commission. (c) In order to ob…

20 CAR § 800-319. Issuance of temporary license. (a) The Medical Marijuana Commission may issue a temporary license to another natural person in conjunction with a dispensary when the natural person whose name is on the license of the dispensary ceases to be in actual control of …

20 CAR § 800-320. Appellate procedure following denial of license renewal, transfer of license or location. (a) If the Medical Marijuana Commission denies an application for the renewal of a dispensary license, the transfer of a license, or the transfer of the location for a lice…

20 CAR § 800-321. Hiring of consultants. (a) The Medical Marijuana Commission may retain the services of a contractor or consultant. (b) The selection of any contractor or consultant shall be conducted pursuant to the procurement laws of the State of Arkansas. (c) The recommendat…

20 CAR § 800-401. License required. (a) No person or entity shall operate as a processor unless licensed by the Medical Marijuana Commission pursuant to this part. (b) Each license for a processor shall specify the: (1) Name and address of the entity that holds the license; (2) E…

20 CAR § 800-402. Application. (a) An application for a processor license shall be submitted to the Medical Marijuana Commission on a form and in a manner prescribed by the commission. (b) Information and statements provided in an application shall become conditions of a license …

20 CAR § 800-403. Renewal. (a) The Medical Marijuana Commission shall issue a renewal license within ten (10) days of the date the commission receives a complete renewal application, including the payment of a renewal fee. (b) A renewal application for a processor license shall b…

20 CAR § 800-404. Denial of application for or renewal of a license. (a) The Medical Marijuana Commission may deny an application for or renewal of a license for any of the following reasons: (1) Failure to provide the information or meet the requirements described in the Arkansa…

20 CAR § 800-405. Change in information. (a) The processor shall notify the Medical Marijuana Commission of any changes in contact information, including a change of address. (b)(1) The processor licensee shall notify the commission in writing no less than fourteen (14) days in a…

20 CAR § 800-406. Surrender of license. (a) A processor may voluntarily surrender a license to the Medical Marijuana Commission at any time. (b) If a processor licensee voluntarily surrenders a license, the processor shall: (1) Return the license to the commission; (2) Submit a r…

20 CAR § 800-407. Fees. (a) The processor license fee is five thousand dollars ($5,000). (b) The processor renewal fee is five thousand dollars ($5,000).

20 CAR § 800-408. Appeals. (a) If the Medical Marijuana Commission denies an application for the issuance or renewal of a processor license, the licensee may request a hearing before the commission by filing a written request no later than fifteen (15) days from receipt of the no…

20 CAR § 800-501. Initiating rulemaking. The process of adopting a new rule or amending or repealing an existing rule (hereinafter referred to as “rulemaking”) may be initiated: (1) At the request of the governing body; (2) By agency staff, who may request permission of the gover…

20 CAR § 800-502. Public comment. (a) If the agency proceeds with the rulemaking process, it will provide the public with a reasonable opportunity to comment on a proposed rule. (b) The public comment period will last at least thirty (30) days. (c)(1) The agency will begin the pu…

20 CAR § 800-503. The decision to adopt a rule. (a) The agency will not finalize language of the rule or decide whether to adopt a rule until the period for public comment has expired. (b) Prior to adoption, the agency will consider the factors described in Arkansas Code § 25-15-…

20 CAR § 800-504. Legislative approval, final filings, and effective date. (a) After the necessary legislative approvals are obtained, the agency will file the final rule with the Secretary of State. (b) The final rule will be effective ten (10) days after filing with the Secreta…

20 CAR § 800-505. Public inspection and records. (a) After the expiration of the thirty-day public comment period and before the effective date of the rule, the agency shall take appropriate measures to make the final rule known to the persons who may be affected by the rule, pur…

20 CAR § 800-506. Need for emergency rule. (a)(1) An agency may enact an emergency rule if it finds that an imminent peril to the public health, safety, or welfare, or that compliance with a federal law or regulation requires the adoption of a rule on less than thirty (30) days’ …

20 CAR § 800-601. Purpose and use of declaratory orders. (a) A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the agency has authority. (b) A petition for d…

20 CAR § 800-602. The petition. The process to obtain a declaratory order is begun by filing with the Medical Marijuana Commission a petition that provides the following information: (1) The name, address, telephone number, and facsimile number of the petitioner; (2) The name, ad…

20 CAR § 800-603. Agency disposition. (a)(1) The agency may hold a hearing to consider a petition for declaratory order. (2) If a hearing is held, it shall be conducted in accordance with Arkansas Code §§ 25-15-208 and 25-15-213, and the agency’s rules for adjudicatory hearings. …