Arkansas Administrative Code

20 CAR § 800-701. Scope of this subpart. (a) This subpart applies in all administrative adjudications conducted by the Medical Marijuana Commission. (b) This subpart describes the process by which the agency formulates orders.

20 CAR § 800-702. Presiding officer. The Medical Marijuana Commission shall preside at the hearing or may designate one (1) or more members of the commission or one (1) or more examiners, referees, or hearing officers to preside at a hearing.

20 CAR § 800-703. Appearances. (a)(1) Any party appearing in any agency proceeding has the right, at his or her own expense, to be represented by counsel. (2) Alternatively, the respondent may appear on his or her own behalf. (b) Any attorney representing a party to an adjudicato…

20 CAR § 800-704. Consolidation. If there are separate matters that involve similar issues of law or fact, or identical parties, the matters may be consolidated if it appears that consolidation would promote the just, speedy, and inexpensive resolution of the proceedings, and wou…

20 CAR § 800-705. Notice to interested parties. If it appears that the determination of the rights of parties in a proceeding will necessarily involve a determination of the substantial interests of persons who are not parties, the presiding officer may enter an order requiring t…

20 CAR § 800-706. Service of papers. Unless the presiding officer otherwise orders, every pleading and every other paper filed for the proceeding, except applications for witness subpoenas and the subpoenas, shall be served on each party or the party’s representative at the last …

20 CAR § 800-707. Initiation and notice of hearing. (a) An administrative adjudication is initiated when the agency issues a notice of hearing. (b)(1) The notice of hearing will be sent to the respondent by United States Postal Service, return receipt requested, delivery restrict…

20 CAR § 800-708. Motions. (a)(1) All requests for relief will be by motion. (2) Motions must be in writing or made on the record during a hearing. (b) A motion must fully state the action requested and the grounds relied upon. (c) The original written motion will be filed with t…

20 CAR § 800-709. Answer. A respondent may file an answer to the notice of hearing.

20 CAR § 800-710. Information provided upon request. (a) Upon written request, the agency will provide the information designated in Arkansas Code § 25-15-208(a)(3). (b) Such requests should be received by the agency at least ten (10) days before the scheduled hearing.…

20 CAR § 800-711. Continuances. (a)(1) The hearing officer may grant a continuance of hearing for good cause shown. (2) Requests for continuances will be made in writing. (3) The request must state the grounds to be considered and be made as soon as practicable and, except in cas…

20 CAR § 800-712. Hearing procedures. (a) The presiding officer presides at the hearing and may rule on motions, require briefs, and issue such orders as will ensure the orderly conduct of the proceedings, provided, however, any presiding officer other than the Medical Marijuana …

20 CAR § 800-713. Order of proceedings. The presiding officer will conduct the hearing in the following manner: (1) The presiding officer will give an opening statement, briefly describing the nature of the proceedings; (2) The parties will be given the opportunity to present ope…

20 CAR § 800-714. Evidence. (a) The presiding officer shall rule on the admissibility of evidence and may, when appropriate, take official notice of facts in accordance with all applicable requirements of law. (b)(1) Stipulation of facts is encouraged. (2) The agency may make a d…

20 CAR § 800-715. Default. If a party fails to appear or participate in an administrative adjudication after proper service of notice, the agency may proceed with the hearing and render a decision in the absence of the party.

20 CAR § 800-716. Recording the proceedings. (a) The agency will record the testimony heard at a hearing. (b) Upon the filing of a petition for judicial review, the agency will provide a verbatim transcript of testimony taken before the agency.

20 CAR § 800-717. Final order. (a)(1) The agency will serve on the respondent a written order that reflects the action taken by the agency. (2) The order will include a recitation of facts found based on testimony and other evidence presented and reasonable inferences derived fro…

20 CAR § 801-101. Scope and purpose. This part governs the application procedures for the licensure, application, and renewal of licenses for medical marijuana transporters in Arkansas.

20 CAR § 801-102. Definitions. As used in this part: (1) “Amendment” means the Arkansas Medical Marijuana Act of 2016, Ark. Const. amend. 98; (2) “Applicant” means the entity applying for licensure under this part; (3) “Approved laboratory” means a laboratory has been approved by…

20 CAR § 801-103. Severability. (a) If any provision of this part or the application thereof to any person or circumstance is held invalid for any reason the invalidity shall not affect the other provisions or any other application of this part that can be given effect without th…

20 CAR § 801-201. License required. (a) No person or entity shall operate as a transporter unless licensed by the Medical Marijuana Commission pursuant to this part. (b) Each license for a transporter shall specify: (1) The name and address of the entity that holds the license; (…

20 CAR § 801-202. Application. (a) An application for a transporter 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 licens…

20 CAR § 801-203. 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 transporter license shall…

20 CAR § 801-204. 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: (A) The Ar…

20 CAR § 801-205. Change in information. (a) The transporter licensee shall notify the Medical Marijuana Commission of any changes in contact information, including a change of address. (b)(1) The transporter licensee shall notify the commission in writing no less than fourteen (…

20 CAR § 801-206. Surrender of license. (a) A transporter licensee may voluntarily surrender a license to the Medical Marijuana Commission at any time. (b) If a transporter licensee voluntarily surrenders a license, the transporter shall: (1) Return the license to the commission;…

20 CAR § 801-207. Fees. (a) Transporter license fee. Five thousand dollars ($5,000). (b) Transporter renewal fee. Five thousand dollars ($5,000).

20 CAR § 801-208. Appeals. (a) If the Medical Marijuana Commission denies an application for the renewal of a transporter 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 notice of de…

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. 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 see…

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 marijuan…

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. (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, n…

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 se…

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 mariju…

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) Di…

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 (C) Dispensaries; …

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. Con…

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 …

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 subdivi…

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 § 810-1104. 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…

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 mai…

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 …

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 sh…

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 i…

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 pro…

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 810-8…

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 Guida…

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 caregiv…