Arkansas Administrative Code

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 th…

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) E…

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: (…

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…

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 quali…

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 visit…

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…

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) A…

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. 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. (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 …

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. 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 …

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 …

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 m…

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 § 810-15…

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) Cu…

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 …

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…

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 ag…

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 D…

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…

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) …

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 Me…

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 …

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 follow…

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 acti…

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 applicat…

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 § 8…

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 …

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 notif…

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…

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…

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…

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 divis…

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 E…

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, w…

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 circu…

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…

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…

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 vi…

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…

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 Marijua…

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 enforcem…

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 ide…

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 state…

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 author…

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 o…

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…

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: (…