Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 28 - Medical Marijuana Commission › Rule 006.28.20-001 - Licensure of Medical Marijuana Processors

Current through Register Vol. 49, No. 6, June, 2024
RULES GOVERNING THE APPLICATION FOR, ISSUANCE, AND RENEWAL OF
	 LICENSES FOR MEDICAL MARIJUANA CULTIVATION FACILITIES, DISPENSARIES, AND
	 PROCESSORS IN ARKANSAS
SECTION
  I
AUTHORITY OF THE COMMISSION
These Rules Governing the Application For, Issuance, and Renewal of
	 Licenses for Medical Marijuana Cultivation Facilities, Dispensaries, and
	 Processors 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, PURPOSE, AND SEVERABILITY
These rules govern the application procedures for the issuance and
	 renewal of licenses for medical marijuana cultivation facilities, dispensaries,
	 and processors 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.
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
(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) "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
  controlled-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 probation, 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;
(i)
(8) "Licensed facility" means a
  licensed cultivation facility, licensed dispensary, licensed
  transporter/distributor, or licensed processor.
(9) "Manufacture and Process"
a. Means the manufacturing, processing,
  compounding or conversion of marijuana into cannabinoid products, cannabinoid
  concentrates, or cannabinoid extracts; and
b. Does not mean the drying of
  marijuana.
(10) "Primary
  Entrance" means the entrance through which most people enter or exit a
  building.
(11) "Processor" means an
  entity licensed by the Commission pursuant to these Rules and that may:
a. Acquire, possess, manufacture and process,
  prepare, deliver, transport, and supply marijuana to a dispensary or
  cultivation facility; and
b.
  Receive compensation for providing services allowed by this section.
(12) "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.
(13) "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.
(14) "Sealed" means expunge,
  remove, sequester, and treat as confidential the record or records of a felony
  offense;
(15) "Transporter" means
  an entity licensed as a transporter by the Commission.
(16) "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.