Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 28 - Medical Marijuana Commission › Rule 006.28.18-001 - Amend and Promulgate regulations concerning the Medical Marijuana Industry

Current through Register Vol. 49, No. 6, June, 2024
SECTION
  I.
AUTHORITY OF THE COMMISSION
These Rules and Regulations Governing the Application For, Issuance,
	 and Renewal of Licenses for Medical Marijuana Cultivation Facilities and
	 Dispensaries in Arkansas are duly adopted and promulgated by the Medical
	 Marijuana Commission pursuant to Amendment No. 98 of the Constitution of the
	 State of Arkansas of 1874, The Medical Marijuana Amendment of 2016.
SECTION II.
SCOPE AND PURPOSE
These rules govern the application procedures for the issuance and
	 renewal of licenses for medical marijuana cultivation facilities and
	 dispensaries in Arkansas. These rules also govern the selection methods to be
	 used and the criteria to be considered by the Medical Marijuana Commission in
	 awarding licenses for medical marijuana cultivation facilities and
	 dispensaries.
SECTION III.
DEFINITIONS
(1)
  "Amendment" means the Arkansas Medical Marijuana Act of 2016.
(2) "Applicant" means the natural person in
  whose name a license would be issued and any entity:
(a) the natural person represents;
  or
(b) on whose behalf the
  application is being submitted.
(3) "Commission" means the Medical Marijuana
  Commission.
(4) "Cultivation
  facility" means an entity that:
a. Has been
  licensed by the Medical Marijuana Commission;
b. Cultivates, prepares, manufactures,
  processes, packages, sells to and delivers usable marijuana to a
  dispensary.
(5)
  "Department" means the Arkansas Department of Health.
(6) "Dispensary" means an entity that has
  been licensed by the Medical Marijuana Commission pursuant to the requirements
  of the Amendment.
(7) "Felony"
  means:
(a) A felony offense as determined
  where the felony offense occurred;
(b) However, the following offenses shall not
  be considered a felony:
(i) An offense that
  has been sealed by a court or for which a pardon has been granted
(ii) An offense whose sentence, including any
  term of probation, incarceration or supervised released, was completed ten (10)
  or more years earlier
(8) "Primary Entrance" means the entrance
  through which most people enter or exit a building.
(9) "Qualifying medical condition" means one
  or more of the following:
a. Cancer, glaucoma,
  positive status for human immunodeficiency virus/acquired immune deficiency
  syndrome, hepatitis C, amyotrophic lateral sclerosis, Tourette's syndrome,
  Crohn's disease, ulcerative colitis, post-traumatic stress disorder, severe
  arthritis, fibromyalgia, Alzheimer's disease, or the treatment of these
  conditions;
b. A chronic or
  debilitating disease or medical condition or its treatment that produces one
  (1) or more of the following: cachexia or wasting syndrome; peripheral
  neuropathy; intractable pain, which is pain that has not responded to ordinary
  medications, treatment or surgical measures for more than six (6) months;
  severe nausea; seizures, including without limitation those characteristic of
  epilepsy; or severe and persistent muscle spasms, including, without limitation
  those characteristic of multiple sclerosis; and
c. Any other medical condition or its
  treatment approved by the Department pursuant to these Rules and the
  Amendment.
(10) "School"
  means a facility or building operated by a public school district;
  open-enrollment public charter school, as defined in Ark. Code Ann. §
									6-23-103; or a
  private entity including parochial schools providing preschool, elementary, or
  secondary education but does not include postsecondary institutions of higher
  education, community colleges, or the residences of students being home
  schooled under Ark. Code Ann. §
									6-15-501 et.
  seq.
(11) "Sealed" means expunge,
  remove, sequester, and treat as confidential the record or records of a felony
  offense;
(12) "Usable marijuana"
  means the stalks, seeds, roots, dried leaves, flowers, oils, vapors, waxes, and
  other portions of the marijuana plant and any mixture or preparation thereof.
  Usable marijuana does not include the weight of any ingredients other than
  marijuana that are combined with marijuana and prepared for consumption as food
  and drink.