Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.20-014 - Medical Marijuana Transporter Operational Rule

Current through Register Vol. 49, No. 6, June, 2024
ALCOHOLIC BEVERAGE CONTROL'S RULES GOVERNING THE
				OVERSIGHT OF MEDICAL MARIJUANA TRANSPORTATION BY LICENSED TRANSPORTERS AND
				DISTRIBUTORS
SECTION I.
AUTHORITY OF THE BOARD
These Transporter/Distributor Operational Rules are duly
				adopted and promulgated by Arkansas Alcoholic Beverage Control Division
				pursuant to Amendment No. 98 of the Constitution of the State of Arkansas of
				1874, The Medical Marijuana Amendment of 2016.
SECTION II.
SCOPE, PURPOSE,
			 AND SEVERABILITY
These rules govern the oversight of medical marijuana
				transportation and distribution in Arkansas. These rules govern the
				requirements for record keeping, security, and personnel of transporters and
				distributors. These rules govern the requirements for transporters and
				distributors to store and transport medical marijuana. These rules govern the
				procedures for inspecting and investigating transporters and distributors.
				These rules govern the procedures for licensing transporter and distributor
				agents. These rules govern the procedures for suspending, revoking, and
				penalizing transporter and distributor licenses for violations of the Amendment
				or rules.
If any provision of these rules 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 these rules that
				can be given effect without the invalid provisions or application. Therefore,
				all provisions of these rules are declared to be severable.
SECTION III.
DEFINITIONS
3.1
"Amendment"
means the Arkansas Medical Marijuana Amendment of
			 2016.
3.2
"Approved
			 Laboratory"
means a laboratory has been approved by the
			 Department specifically for the testing of usable
marijuana.
3.3
"Authorized Personnel"
means any employee
			 employed by a transporter or distributor and granted permission by the facility
			 to enter into restricted areas.
3.4
"Commission"
means the Medical Marijuana
			 Commission.
3.5
"Contractor"
means any person or business under
			 contract to complete repairs or improvements to the licensed
			 facility.
3.6
"Department"
means the Arkansas Department of
			 Health.
3.7
"Director"
means the Director of the Alcoholic
			 Beverage Control Administration Division.
3.8
"Division "
means the Alcoholic Beverage Control Administration
			 Division.
3.9
"Enforcement"
means the Alcoholic Beverage
			 Control Enforcement Division.
3.10
"Excluded felony offense
"means:
(A)
(i)
(a) A felony offense as determined by the
			 jurisdiction where the felony offense occurred.
(b) The Medical Marijuana Commission, the
			 Department of Health, or the Alcoholic Beverage Control Division shall
			 determine whether an offense is a felony offense based upon a review of the
			 relevant court records concerning the conviction for the offense.
(ii) An offense that has been
			 sealed by a court or for which a pardon has been granted is not considered an
			 excluded felony offense; or
(B) A violation of a state or federal control
			 led-substance law that was classified as a felony in the jurisdiction where the
			 person was convicted, but not including:
(i)
			 An offense for which the sentence, including any term of probatio
			 incarceration, or supervised release, was completed ten (10) or more years
			 earlier: or
(ii) An offense that
			 has been sealed by a court or for which a pardon has been granted.
3.11
"Inventory Tracking System"
means the required
			 seed to sale tracking system that tracks medical marijuana from either seed or
			 immature plant state until the usable marijuana is sold to a qualified patient
			 or designated caregiver or is destroyed.
3.12
"Licensed facility"
means a licensed cultivation facility, licensed dispensary,
			 licensed transporter/distributor, or licensed processor.
3.13
"Marijuana"or "medical
			 marijuana"
means marijuana in any form described in the
			 Amendment or the rules promulgated by the Division, Department of Health, or
			 the Commission.
3.14
"Shipping Container"
means a sealable,
			 tamper-evident container used for the transport of medical marijuana between
			 licensed facilities and an approved laboratory.
3.15
"Transport"
- means to move medical marijuana between licensed facilities
			 or between a licensed facility and approved laboratory.
3.16
"Transporter"
or
"transporter/distributor"
means an entity licensed by the Commission pursuant to these
			 rules and that may:
(A) Acquire, possess,
			 deliver, transfer, transport, or distribute marijuana to a dispensary,
			 cultivation facility, or processor; and
(B) Receive compensation for providing
			 services allowed by this section.
3.17
"Transporter/distributor
			 agent"
or
"agent"
means an
			 individual who has a current Registry Identification Card issued by the
			 Division and who is an employee of a transporter/distributor
3.18
"Transportation vehicle"
means a vehicle used by a licensed transporter/distributor to
			 transport marijuana.
3.19
"Unique Identification Number" ("UIN")
means a
			 unique number generated by the Inventory Tracking System and assigned to all
			 usable marijuana for the purpose of tracking the marijuana from its seed form
			 to ultimate sale to a qualified patient/designated caregiver or
			 destruction.