Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 4 - HEMP-DERIVED PRODUCTS (§§ 20-56-401 — 20-56-413) › Section 20-56-402 - [See Note] Definitions

As used in this subchapter:
(1)
"Annual" or "annually" means the fiscal year from July 1 through the next June 30;
(2)
"Approved laboratory" means a laboratory that is accredited by the National Institute on Drug Abuse, the National Environmental Laboratory Accreditation Conference, the International Organization for Standardization, or a similar accrediting entity as determined by Arkansas Tobacco Control and that has been approved by the Director of Arkansas Tobacco Control specifically for the testing of hemp-derived product;
(3)
"Consumer" means a member of the public at large;
(4)
"Days" means calendar days unless otherwise specified;
(5)
"Finished product" means a product intended for consumer use to be sold at retail;
(6)
"Hemp" means the plant Cannabis sativa and any part of the plant, including the seeds of the plant, that contains a delta-9 tetrahydrocannabinol concentration of three-tenths of one percent (0.3%) or less on a dry-weight basis, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not;
(7)
"Hemp-derived e-liquid product" means a liquid hemp-derived product that contains hemp that is inhaled when using a vapor product, and that may or may not include without limitation propylene glycol, vegetable glycerin, and flavorings;
(8)
(A)
"Hemp-derived product" means a product intended for any form of human consumption, including consumption by vapor inhalation, or a component of a product, that is derived from hemp, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, and any product made from such derivatives, and that contains greater than three-tenths of one percent (0.3%) tetrahydrocannabinol.
(B)
"Hemp-derived product" includes a hemp-derived e-liquid product and a vapor product.
(C)
"Hemp-derived product" does not include:
(i)
A product intended for animal consumption or use;
(ii)
A cosmetic as defined by §
20-56-202
;
(iii)
Any marijuana, medical marijuana, or other cannabis product containing delta-9 tetrahydrocannabinol greater than three-tenths of one percent (0.3%) on a dry-weight basis as administered, licensed, and otherwise regulated by the Alcoholic Beverage Control Division, the Medical Marijuana Commission, and the Department of Health under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98;
(iv)
A raw hemp product, including any intact plant, flower, buds, leaves, or stems;
(v)
A drug in the form for which an application filed in accordance with
21 U.S.C. § 355
is approved by the United States Food and Drug Administration;
(vi)
A dietary supplement as defined by the Federal Food, Drug, and Cosmetic Act,
21 U.S.C. § 301
et seq.; or
(vii)
A fabric, textile, cordage, fiber, fuel, paper, construction material, plastic, seed, seed meal, and seed oil;
(9)
(A)
"Manufacturer" means a person that manufactures, fabricates, assembles, or processes a hemp-derived product, including without limitation federally licensed importers and federally licensed distributors that deal in hemp-derived products.
(B)
"Manufacturer" includes:
(i)
A sales entity affiliate of the manufacturer or any other entity representing the manufacturer with regard to the sale of hemp-derived products produced by the manufacturer to wholesalers or permitted retailers; and
(ii)
A person that mixes, compounds, extracts, infuses, blends, processes, repackages, or resizes hemp-derived products including the extraction of cannabinoids from hemp biomass.
(C)
"Manufacturer" does not include a person who engages in the agricultural production of hemp, such as growing, planting, and harvesting of raw hemp biomass regulated by the State Plant Board;
(10)
"Minor" means a person who is under twenty-one (21) years of age;
(11)
"Person" means an individual, retailer, wholesaler, manufacturer, firm, association, company, partnership, limited liability company, corporation, joint-stock company, club, agency, syndicate, the State of Arkansas, county, municipal corporation or other political subdivision of the state, receiver, trustee, fiduciary, or trade association;
(12)
"Place of business" means the physical location:
(A)
Where orders for hemp-derived products are taken or received or where hemp-derived products are sold; and
(B)
That is on file with Arkansas Tobacco Control;
(13)
"Retailer" means a person that purchases hemp-derived products from permitted wholesalers for the purpose of selling the hemp-derived products in person and over the counter at retail to consumers;
(14)
(A)
"Sale" or "sell" means a transfer, exchange, or barter in any manner or by any means for any consideration, including distributing or shipping hemp-derived product in connection with a sale.
(B)
A sale "in" or "into" a state refers to the state in which the destination point of the hemp-derived product is located in the sale without regard to where title was transferred.
(C)
A sale "from" a state refers to the sale of a hemp-derived product that is located in that state to the destination in question without regard to where title was transferred;
(15)
"Self-service display" means a display:
(A)
That contains a hemp-derived product, or any component of a hemp-derived product;
(B)
That is located in an area where customers are permitted; and
(C)
In which the hemp-derived product, or any component of a hemp-derived product, is readily accessible to a customer without the assistance of a salesperson;
(16)
"Tetrahydrocannabinol" means a compound that is the natural, primary active cannabinoid substance or its equivalent contained in the plant of the genus cannabis or in the resinous extracts of the plant, including derivatives or isomers derived from such cannabinoids;
(17)
"Vapor product" means hemp-derived product that is an electronic oral device of any size or shape that contains a vapor of hemp or hemp-derived e-liquid product that when used or inhaled simulates smoking, regardless of whether a visible vapor is produced, including without limitation a device that:
(A)
Is composed of a heating element, battery, electronic circuit, chemical process, mechanical device, or a combination of heating element, battery, electronic circuit, chemical process, or mechanical device;
(B)
Works in combination with a cartridge, other container, or liquid delivery device containing hemp or hemp-derived e-liquid product and manufactured for use with vapor products;
(C)
Is manufactured, distributed, marketed, or sold as any type or derivation of a vapor product, e-cigarette, e-cigar, e-pipe, or any other produced name or descriptor; and
(D)
Does not include a product regulated as a drug or device by the Federal Food, Drug, and Cosmetic Act,
21 U.S.C. § 301
et seq., as it existed on January 1, 2015;
(18)
"Warehouse" means a place where hemp-derived products are stored for another person and to or from which place the hemp-derived products are shipped or delivered upon order by the owner of the hemp-derived products, to the warehouse; and
(19)
"Wholesaler" means a person other than a manufacturer or a person owned or operated by a manufacturer that:
(A)
Does business within the state;
(B)
Purchases hemp-derived products from any source;
(C)
Distributes or sells the hemp-derived products to other wholesalers, or retailers; and
(D)
Does not distribute or sell the hemp-derived products at retail to consumers.
Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..