Arkansas Administrative Code

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…

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 ap…

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 …

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…

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 Bev…

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 th…

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 Boa…

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 …

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 …

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.

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. …

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…

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 materi…

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 specifi…

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.…

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 (…

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 surveill…

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 …

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 conn…

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. …

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 desi…

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…

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) Foliag…

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 secur…

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 mater…

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. (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 designate…

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 continuo…

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…

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…

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 cultiv…

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 p…

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. (c) Controlled access. (1) Limited access …

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 sou…

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) …

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 dispe…

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. 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. (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…

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/des…

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 s…

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 …

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. 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. (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 con…

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 area…

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 micr…

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 chemi…

20 CAR § 811-101. Scope, purpose, and severability. (a) This part governs the: (1) Oversight of medical marijuana transportation and distribution in Arkansas; (2) Requirements for record keeping, security, and personnel of transporters and distributors; (3) Requirements for trans…

20 CAR § 811-102. Definitions. As used in this part: (1) “Amendment” means the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98; (2) “Approved laboratory” means a laboratory has been approved by the Department of Health specifically for the testing of usable ma…