SECTION
3.
DEFINITIONS
3.1
Acquire" or "Acquisition" means coming to possess marijuana by means of any
legal source herein authorized, not from an unauthorized source, and in
accordance with the Amendment and any rules promulgated under the
Amendment.
3.2 Amendment" means the
Arkansas Medical Marijuana Amendment of 2016.
3.3 "Approved Laboratory" means a laboratory
that is accredited by the National Institute on Drug Abuse (NIDA), the National
Environmental Laboratory Accreditation Conference (NELAC), and the
International Organization for Standardization (ISO) or similar accrediting
entity as determined by the Department, and that has been approved by the
Department specifically for the testing of usable marijuana.
3.4 "Authorized Personnel" means any employee
employed by a licensed facility and granted permission by the facility to enter
into restricted areas.
3.5 "Batch"
means, with regard to usable marijuana, a homogenous, identified quantity of
usable marijuana, no greater than ten (10 pounds, that is harvested during a
specified time period from a specified cultivation area, and with regard to
oils, vapors, and waxes derived from usable marijuana, means an identified
quantity that is uniform, that is intended to meet specifications for identity,
strength, and composition, and that is manufactured, packaged and labeled
during a specified time period according to a single manufacturing, packaging
and labeling protocol.
3.6
"Biannual" means every six (6) months.
3.7 "Cannabinoid" means any of the chemical
compounds that are the active constituents of marijuana.
3.8 "Cannabinoid concentrate" means a
substance obtained by separating cannabinoids from marijuana by:
a. A mechanical extraction process;
b. A chemical extraction process using a
nonhydrocarbon-based or other solvent, such as water, vegetable glycerin,
vegetable oils, animal fats, isopropyl alcohol or ethanol; or
c. A chemical extraction process using the
hydrocarbon-based solvent carbon dioxide, provided that the process does not
involve the use of pressure or heat over 180 degrees.
3.9 "Cannabinoid edible" means food or
potable liquid into which a cannabinoid concentrate, cannabinoid extract, or
dried marijuana leaves or flowers have been incorporated.
3.10 "Cannabinoid extract" means a substance
obtained by separating cannabinoids from marijuana by:
a. A chemical extraction process using a
hydrocarbon-based solvent, such as butane, hexane, or propane;
b. A chemical extraction process using the
hydrocarbon-based solvent, carbon dioxide, if the process uses high heat or
pressure; or
c. Any other processes
identified by the Division.
3.11 "Cardholder" means a qualifying patient,
a dispensary agent, a cultivation facility agent, transporter agent, processor
facility agent, or a designated caregiver;
3.12 "Commercially available" means any
candy, food, gum or beverage that is produced or sold by a third
party.
3.13 "Commission" means the
Medical Marijuana Commission.
3.14
"Contractor" means any person or business under contract to complete repairs or
improvements or to provide services to the licensed facility.
3.15 "Cultivation facility" means an entity
that:
a. Has been licensed by the Medical
Marijuana Commission; and
b.
Cultivates, prepares, manufactures, processes, packages, sells to and delivers
usable marijuana to a dispensary.
3.16 "Cultivation Facility Agent" means an
employee, supervisor, or agent of a cultivation facility who:
a. Is twenty-one (21) years of age or
older;
b. Works at the cultivation
facility; and
c. Has registered
with the Alcoholic Beverage Control Administrative Division.
3.17 "Department" means the
Arkansas Department of Health.
3.18
"Deliver" means to move medical marijuana product between a licensed dispensary
and a qualified patient or designated caregiver.
3.19 "Designated caregiver" means:
a. A person who is at least twenty-one (21)
years of age, has not been convicted of an excluded felony offense, has agreed
to assist physically disabled qualifying patient with the medical use of
marijuana, and who has registered with the Department of Health pursuant to the
requirements of the Amendment and these Rules.
b. Designated caregiver includes, without
limitation, a parent:
i. Of a qualifying
patient who is under the age of eighteen (18); and
ii. Required to register as a designated
caregiver under the Amendment.
3.20 "Dispensary" means an entity that has
been licensed by the Medical Marijuana Commission pursuant to the requirements
of the Amendment.
3.21 "Dispensary
agent" means:
a. An employee, supervisor,
volunteer, or agent of a dispensary who:
i. Is
twenty-one (21) years of age or older;
ii. Works at the dispensary; and
iii. Has registered with the Alcoholic
Beverage Control Division.
b. An owner, officer, or board member of a
dispensary who has registered with the Division pursuant to the requirements of
the Amendment.
3.22
"Division" means the Arkansas Alcoholic Beverage Control Administrative
Division.
3.23 "Enclosed, locked
facility" means a room, greenhouse, or other enclosed area equipped with locks
or other security devices that permit access only by an authorized
individual;
3.24 "Enforcement"
means the Alcoholic Beverage Control Enforcement Division
3.25 "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 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.
3.26 "Flowering" means the reproductive state
of Cannabis in which the plant is in a light cycle intended to
stimulate the production of flowers, trichome, and cannabinoids characteristic
of marijuana.
3.27 "Harvest Lot"
means a specifically identified quantity of marijuana that is uniform in
strain, cultivated using the same growing practices, harvested at the same time
at the same location and cured under uniform conditions.
3.28 "Immature Marijuana Plant" means a
seedling or nonflowering marijuana plant.
3.29 "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.
3.30 "Licensed Facility" means either a
cultivation facility, processor, transporter, or dispensary licensed by the
Commission.
3.31 "Lot" means an
identified portion of a batch, that is uniform and that is intended to meet
specifications for identity, strength, and composition; or in the case of a
vapor, oil, or wax derived from usable marijuana, an identified quantity
produced in a specified period of time in a manner that is uniform and that is
intended to meet specifications for identity, strength, and
composition.
3.32 "Manufacturing
and Processing":
a. Means the manufacturing,
processing, compounding or conversion of marijuana into cannabinoid products,
cannabinoid concentrates, or cannabinoid extracts.
b. Does not mean the drying of
marijuana.
3.33
"Marijuana" or "Medical Marijuana" means marijuana in any form described in the
Amendment or rules promulgated by the Division, Department, or the
Commission.
3.34 "Mature Marijuana
Plant" means a marijuana plant that is flowering.
3.35 "Medical Marijuana Container" means a
sealed, traceable, food compliant, child-proof packaging that cannot be opened
by a child, or that prevents ready access to toxic or harmful amounts of the
packaged product, and that meets the testing requirements in accordance with
the method described in
16 C.F.R. §
1700.20, as existing on January 1,
2017.
3.36 "Process Lot" means
a. Any amount of cannabinoid concentrates or
extract of the same type and processed at the same time using the same
extraction methods, standard operating procedures, and batches for the harvest
lot; or
b. Any amount of
cannabinoid products of the same type and processed at the same time using the
same ingredients, standard operating procedures and batches from the same
harvest lot or process lots of cannabinoid concentrate or extract.
3.37 "Processor" means an entity
that:
a. Has been licensed by the Medical
Marijuana Commission; and
b. May
acquire, possess, manufacture, process, prepare, deliver, transport, and supply
marijuana to a dispensary or cultivation facility.
3.38 "Processor Agent" means an employee,
supervisor, or agent of a processor who:
a. Is
twenty-one (21) years of age or older;
b. Works at the processor; and'
c. Has registered with the Alcoholic Beverage
Control Division
3.39
"Production Area" means any area in a cultivation facility or dispensary used
for the growing of medical marijuana plants.
3.40 "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 its Rules and the
Amendment.
3.41
"Qualifying patient" means a person who has been diagnosed by a physician as
having a qualifying medical condition and who has registered with the
Department in accordance with these Rules and the Amendment.
3.42 "Registry identification card" means a
document issued by the Department that identifies a person as a qualifying
patient or a designated caregiver or a document issued by the Division that
identifies a person as an agent of a cultivation facility, dispensary,
processor, or transporter.
3.43
"Sealed" means expunge, remove, sequester, and treat as confidential the record
or records of a felony offense;
3.44 "Shipping Container" means a sealable,
tamper-evident container used for the transport of medical marijuana between
licensed facilities.
3.45 "Testing"
means the process and procedures provided by an approved laboratory for testing
of usable marijuana, consistent with provisions of this rule.
3.46 "Transport" means to move medical
marijuana between licensed facilities or between a licensed facility and
approved laboratory.
3.47 "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 includes cannabinoid edibles, cannabinoid
concentrates, and cannabinoid extracts. 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.
3.48 "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.
3.49 "Visiting
qualifying patient" means a patient with a qualifying medical condition who is
not a resident of Arkansas or who has been a resident of Arkansas for less than
thirty (30) days and who is in actual possession of a registry identification
card or its equivalent that is issued under the laws of another state,
district, territory, commonwealth, or insular possession of the United States
and has registered with the Department.
SECTION
6.
CONSTRUCTION SPECIFICATIONS AND SECURITY REQUIREMENTS FOR
CULTIVATION FACILITIES
6.1
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 for the security of all marijuana and marijuana processed products
on the licensed premises or in transit from the facility when
self-transporting.
c. Cultivation
Facilities shall comply with all applicable security requirements set forth in
these rules.
6.2.
Construction of Premises
a. Enclosed and Secure Facility - All
cultivation of medical marijuana shall take place within a building, greenhouse
or other structure that:
i. Has a complete
roof enclosure supported by connecting walls, constructed of solid materials,
extending from the ground to the roof;
ii. Is secure against unauthorized
entry;
iii. Has a foundation, slab,
or equivalent base to which the floor is securely attached;
iv. Meets performance standards ensuring that
cultivation and processing activities cannot be and are not perceptible from
the structure in terms of:
1. Common visual
observation;
2. Odors, smell,
fragrances, or other olfactory stimulus;
3. Light pollution, glare, or
brightness;
4. Adequate ventilation
to prevent mold; and
5.
Noise;
v. Provides
complete visual screening, and
vi.
Is accessible only through one (1) or more lockable doors.
b. Commercial grade, non-residential door
locks shall be installed on every external door, and gate if applicable. All
external locks shall be equipped with biometric access controls with two factor
authentication and the two-factor authentication must be in use at all times.
Only authorized personnel shall have access to locked and secured areas.
Facilities shall maintain detailed records of employees with access to locked
and secured areas. Records shall be made available to the Division upon
request.
c. All cultivation
facilities shall maintain detailed plans and elevation drawings of all
operational areas involved with the production, processing, and manufacturing
of medical marijuana. The plan shall identify the following:
i. All storage areas, ventilation systems,
and equipment used for production, processing, and manufacturing;
ii. All entrances and exits to the
facility;
iii. All windows,
skylights, and retractable mechanisms built into the roof;
iv. The location of all required security
cameras;
v. The location of all
alarm inputs, detectors, and sirens;
vi. All video and alarm system surveillance
areas;
vii. All production,
processing, and manufacturing areas shall be labeled according to the specific
activity occurring within the area;
viii. All restricted and limited access areas
shall be identified; and
ix. All
non-production areas shall be labeled according to their purpose.
d. Floor plans and elevation
drawings shall be kept current and on the premises of the cultivation facility.
Plans and elevation drawings shall be made available to the Division upon
request.
e. Floors, walls, and
ceilings shall be constructed in such a manner that they may be adequately
cleaned and kept clean and in good repair.
f. Cultivation facilities shall have adequate
lighting in all areas where Medical Marijuana is stored and where equipment and
utensils are cleaned.
g. Plumbing
shall be of adequate size and design and adequately installed and maintained to
carry sufficient quantities of water to required locations throughout the
facility and to properly convey sewage and liquid disposable waste from the
facility. There shall be no cross- connections between the potable and waste
water lines.
h. All facilities
shall be constructed to meet the standards of any applicable state and local
electrical, fire, plumbing, and building specification codes.
6.3.
Storage Area
Requirements
a. Harvested
marijuana and any product processed from harvested marijuana shall be stored in
one of the following types of secured areas:
i. A safe or steel cabinet;
1. Which safe or steel cabinet shall have the
following specification or the equivalent: thirty (30) manminutes against
surreptitious entry, ten (10) manminutes against forced entry, twenty (20)
man-hours against lock manipulation, and twenty (20) man-hours against
radiological techniques;
2. Which
safe or steel cabinet, if it weighs less than seven hundred fifty (750) pounds,
is bolted or cemented to the floor or wall in such a way that it cannot be
readily removed; and
3. Which safe
or steel cabinet, if necessary, depending upon the quantities and type of
controlled substances stored, is equipped with an alarm system as described in
RR 6.4.
ii. A vault:
1. The walls, floors, and ceilings of which
vault are constructed of at least eight (8) inches of reinforced concrete or
other substantial masonry, reinforced vertically and horizontally with one-half
(½) inch steel rods tied six (6) inches on center, or the structural
equivalent to such reinforced walls, floors, and ceilings;
2. The door and frame unit of which vault
shall conform to the following specification or the equivalent: thirty (30)
man-minutes against surreptitious entry, ten (10) man-minutes against forced
entry, twenty (20) manhours against lock manipulation, and twenty (20)
man-hours against radiological techniques;
3. Which vault, if operations require it to
remain open for frequent access, is equipped with a "day-gate" which is
self-closing and self-locking, or the equivalent, for use during the hours of
operation in which the vault door is open;
4. The walls or perimeter of which vault are
equipped with an alarm system as described in rule 6.4.
5. The door of which vault is equipped with
contact switches; and
6. Which
vault has one of the following: Complete electrical lacing of the walls, floor
and ceilings; sensitive ultrasonic equipment within the vault; a sensitive
sound accumulator system; or other such device designed to detect illegal
entry.
6.4
Alarm
System
a. 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. A
designated agent of the cultivation facility shall also receive notification of
any such signal.
b. Alarm systems
shall provide coverage for all points of ingress and egress to the facility,
including, but not limited to, doorways, windows, loading bays, skylights, and
retractable roof mechanisms.
c.
Alarm systems shall provide coverage of any room with an exterior wall, any
room containing a safe, and any room used to grow or store medical
marijuana.
d. Alarm systems shall
be equipped with a "panic device" that upon activation will not only sound any
audible alarm components but will also notify law enforcement.
e. Alarm systems shall have "duress" and
"hold up" features to enable an agent to activate a silent alarm notifying law
enforcement of an emergency.
f.
Alarm system must be equipped with failure notification systems to notify
cultivation facilities and law enforcement of any failure in the alarm system
and such systems must be in use at all times.
g. Alarm systems shall have the ability to
remain operational during a power outage and shall remain operational
regardless of the length of the power outage.
6.5.
Video Surveillance
System
a. All cultivation
facilities shall be equipped with video surveillance systems consisting of the
following:
i. Digital video cameras with a
minimum resolution of 10 frames per second;
ii. 24 hour per day, 7 day per week
continuous recording;
iii. The
ability to remain operational during a power outage and shall remain
operational regardless of the length of the power outage;
iv. Digital archiving capabilities and shall
maintain digital archiving for one year;
v. On-site and off-site monitoring;
and
vi. All facilities must always
maintain at least one on-site display monitor connected to the surveillance
system. The monitor shall have a screen size of at least 12 inches.
b. All cultivation facilities
shall maintain camera coverage of the following areas:
i. All points of ingress and egress to the
facility, including, but not limited to, doorways, windows, loading bays,
skylights, and retractable roof mechanisms;
ii. Any room with an exterior wall, except
restrooms, any room containing a safe, and any room or area used to grow,
process, manufacture, or store medical marijuana;
iii. All areas in which any part of the
disposal process of marijuana occurs; and
iv. All parking areas and any alley areas
immediately adjacent to the building.
c. All recording devices shall display a date
and time stamp on all recorded video.
d. All recording devices shall have the
capability to produce a still image from the video recording, and each facility
shall maintain, on site, a video printer capable of immediately producing a
clear still image from any video camera image.
e. Access to on-site surveillance system
controls and monitoring shall be limited to authorized personnel. Cultivation
facilities shall identify individuals with access to surveillance system
controls and monitoring upon request by the Division.
f. All surveillance recordings shall be
maintained for a minimum of 90 days.
6.6.
Perimeter
Requirements
a. The perimeter
of all cultivation facilities shall be maintained in such a way to discourage
theft and diversion of marijuana. All cultivation facilities shall maintain the
following:
i. Adequate lighting to facilitate
surveillance; and
ii. Foliage and
landscaping that does not allow for a person or persons to conceal themselves
from sight.
b. All
stages of medical marijuana production and the disposal of unusable medical
marijuana on the premises of a cultivation facility shall not be visible or
accessible to the public.
c. The
cultivation facility shall maintain any walls or fencing necessary to shield
the operations of the facility from public access and view.
d. The cultivation facility shall ensure any
odors that may arise from any stage of marijuana production or the disposal of
marijuana are not detectable by the public from outside the cultivation
facility.
SECTION
7.
CONSTRUCTION SPECIFICATIONS AND SECURITY REQUIREMENTS FOR
DISPENSARIES
7.1
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 transit from the facility
when self-transporting.
c.
Dispensaries shall comply with all applicable security requirements set forth
in these rules.
7.2
Construction of Premises
a. Enclosed and Secure Facility
i. 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
connected to the dispensary that:
i. Has a
complete roof enclosure supported by connecting walls, constructed of solid
materials, extending from the ground to the roof;
ii. Is secure against unauthorized
entry;
iii. Has a foundation, slab,
or equivalent base to which the floor is securely attached;
iv. Meets performance standards ensuring that
cultivation and processing activities cannot be and are not perceptible from
the structure in terms of:
1. Common visual
observation;
2. Odors, smell,
fragrances, or other olfactory stimulus;
3. Light pollution, glare, or
brightness;
4. Adequate ventilation
to prevent mold; and
5.
Noise;
v. Provides
complete visual screening, and
vi.
Is accessible only through one (1) or more lockable doors.
c. Commercial grade, non-residential door
locks shall be installed on every external door, and gate if applicable. All
external locks shall be equipped with biometric access controls with two factor
authentication and the two-factor authentication must be in use at all times.
Only authorized personnel shall have access to locked and secured areas.
Facilities shall maintain detailed records of employees with access to locked
and secured areas. Records shall be made available to the Division upon
request.
d. All dispensaries shall
maintain detailed plans and elevation drawings of all operational areas
involved with the dispensing and production of medical marijuana. The plan
shall identify the following:
i. All entrances
and exits to the facility;
ii. All
windows, skylights, and retractable mechanisms built into the roof;
iii. All designated areas for qualified
patients and designated care givers;
iv. All limited access areas;
v. All storage areas, ventilation systems,
and equipment used for production, processing, and manufacturing;
vi. The location of all required security
cameras;
vii. The location of all
alarm inputs, detectors, and sirens;
viii. All video and alarm system surveillance
areas;
ix. All production,
processing, and manufacturing areas shall be labeled according to the specific
activity occurring within the area;
x. All restricted and limited access areas
shall be identified; and
xi. All
areas shall be labeled according to their purpose.
e. Floor plans and elevation drawings shall
be kept current and on the premises of the dispensary. Plans and elevation
drawings shall be made available to the Division upon request.
f. Floors, walls, and ceilings shall be
constructed in such a manner that they may be adequately cleaned and kept clean
and in good repair.
g. Dispensaries
shall have adequate lighting in all areas where Medical Marijuana is stored and
where equipment and utensils are cleaned.
h. Plumbing shall be of adequate size and
design and adequately installed and maintained to carry sufficient quantities
of water to required locations throughout the facility and to properly convey
sewage and liquid disposable waste from the facility. There shall be no
cross-connections between the potable and waste water lines.
i. All facilities shall be constructed to
meet the standards of any applicable state and local electrical, fire,
plumbing, and building specification codes.
7.3
Storage Area
Requirements
a. Any dispensary
storing usable marijuana harvested from mature plants pursuant to rule 13.3,
marijuana stored for retail, or marijuana products for retail shall comply with
the storage area requirements in 6.3.
b. Dispensaries may keep usable marijuana in
locked display case during business hours for patients to inspect. All usable
marijuana shall be stored in accordance with Rule 7.3(a) after operating
hours.
7.4
Alarm System
a.
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 which has a legal duty to respond. A
designated agent of the dispensary shall also receive notification of any such
signal.
b. Alarm systems shall
provide coverage for all points of ingress and egress to the facility,
including, but not limited to, doorways, windows, loading bays, skylights, and
retractable roof mechanisms.
c.
Alarm systems shall provide coverage of any room with an exterior wall, any
room containing a safe, and any room used to grow or store medical
marijuana.
d. Alarm systems shall
be equipped with a "panic device" that upon activation will not only sound any
audible alarm components but will also notify law enforcement.
e. Alarm systems shall have "duress" and
"hold up" features to enable an agent to activate a silent alarm notifying law
enforcement of an emergency.
f.
Alarms system must be equipped with failure notification systems to notify
dispensaries and law enforcement of any failure in the alarm system and such
systems shall be in use at all times.
g. Alarm systems shall have the ability to
remain operational during a power outage and shall remain operational
regardless of the length of the power outage.
7.5
Video Surveillance
System
a. All dispensaries
shall be equipped with video surveillance systems consisting of the following:
i. Digital video cameras with a minimum
resolution of 10 frames per second;
ii. 24 hour per day, 7 day per week
continuous recording;
iii. The
ability to remain operational during a power outage;
iv. Digital archiving capabilities and shall
maintain digital archiving for ninety (90) days;
v. On-site and off-site monitoring;
and
vi. All facilities must
maintain at least one on-site display monitor connected to the surveillance
system at all times. The monitor shall have a screen size of at least 12
inches.
b. All
dispensaries shall maintain camera coverage of the following areas:
i. All points of ingress and egress to the
facility, including, but not limited to, doorways, windows, loading bays,
skylights, and retractable roof mechanisms;
ii. Any room with an exterior wall, except
restrooms, any room containing a safe, and any room or area used to grow,
process, manufacture, or store medical marijuana;
iii. All areas in which any part of the
disposal process of marijuana occurs;
iv. All point of sale areas.
v. All areas for qualified patients and
designated caregivers, except restrooms; and
vi. All parking areas and any alley areas
immediately adjacent to the building.
c. All recording devices shall display a date
and time stamp on all recorded video.
d. All recording devices shall have the
capability to produce a still image from the video recording, and each facility
shall maintain, on site, a video printer capable of immediately producing a
clear still image from any video camera image.
e. Access to on-site surveillance system
controls and monitoring shall be limited to authorized personnel. Dispensaries
shall identify individuals with access to surveillance system controls and
monitoring upon request by the Division.
f. All surveillance recordings shall be
maintained for a minimum of 90 days.
7.6
Perimeter
Requirements
a. The perimeter
of all dispensaries shall be maintained in such a way to discourage theft and
diversion of marijuana. All dispensaries shall maintain the following:
i. Adequate lighting to facilitate
surveillance; and
ii. Foliage and
landscaping that does not allow for a person or persons to conceal themselves
from sight.
b. All
stages of medical marijuana production and the disposal of unusable medical
marijuana on the premises of a dispensary shall not be visible or accessible to
the public from outside the premises of the facility.
c. The dispensary shall ensure any odors,
which may arise from any stage of marijuana production or the disposal of
marijuana, are not detectable by the public from outside the
dispensary.
SECTION
8.
CONSTRUCTION SPECIFICATIONS AND SECURITY REQUIREMENTS FOR
PROCESSORS
8.1
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 security of all marijuana items on the
licensed premises or in transit from the facility,
c. A processor shall comply with all
applicable security requirements set forth in these rules.
8.2
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:
i. Has a complete roof enclosure supported by
connecting walls,constructed of solid materials, extending from the ground to
the roof;
ii. Is secure against
unauthorized entry;
iii. Has a
foundation, slab, or equivalent base to which the floor is securely
attached;
iv. Meets performance
standards that ensure that manufacturing and processing activities cannot be
and are not perceptible from the structure in terms of
1. Common visual observation;
2. Odors, smell, fragrances, or other
olfactory stimulus;
3. Light
pollution, glare, or brightness;
4.
Adequate ventilation to prevent mold; and
5. Noise;
v. Provides complete visual screening;
and
vi. Is accessible only through
one (1) or more lockable doors.
b. Commercial grade, non-residential door
locks shall be installed on every external door and gate, if applicable. All
external locks shall be equipped with biometric access controls with two factor
authentication and the two-factor authentication must be in use at all times.
Only authorized personnel shall have access to locked and secured areas.
Facilities shall maintain detailed records of employees with access to locked
and secured areas. Records shall be made available to the Division upon
request.
c. A processor shall
maintain detailed plans and elevation drawings of all operational areas
involved with the manufacturing and processing of medical marijuana. The plan
shall identify the following:
i. All storage
areas, ventilation systems, and equipment used for manufacturing and
processing;
ii. All entrances and
exits to the facility;
iii. All
windows, skylights, and retractable mechanisms built into the roof;
iv. The location of all required security
cameras;
v. The location of all
alarm inputs, detectors, and sirens;
vi. All video and alarm system surveillance
areas;
vii. All manufacturing and
processing areas shall be labeled according to the specific activity occurring
within the area;
viii. All
restricted and limited access areas shall be identified; and
ix. All areas shall be labeled according to
their purpose.
d. Floor
plans and elevation drawings shall be kept current and on the premises of the
processor. Plans and elevation drawings shall be made available to the Division
upon request.
e. Floors, walls, and
ceilings shall be constructed in such a manner that they may be adequately
cleaned and kept clean and in good repair.
f. A processor shall have adequate lighting
in all areas where medical marijuana is stored and where equipment and utensils
are cleaned.
g. Plumbing shall be
of adequate size and design and adequately installed and maintained to carry
sufficient quantities of water to required locations throughout the facility
and to properly convey sewage and liquid disposable waste from the facility.
There shall be no cross-connections between the potable and waste water
lines.
h. All facilities shall be
constructed to meet the standards of any applicable state and local electrical,
fire, plumbing, and building specification codes.
8.3.
Storage Area
Requirements
A processor storing marijuana or marijuana products shall comply with
the storage area requirements in Rule 6.3.
8.4.
Alarm
System
a. 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 which has a legal duty to respond. A designated agent of the
processor shall also receive notification of any such signal.
b. Alarm systems shall provide coverage for
all points of ingress and egress to the facility, including, without
limitation, doorways, windows, loading bays, skylights, and retractable roof
mechanisms.
c. Alarm systems shall
provide coverage of any room with an exterior wall, any room containing a safe,
and any room used to manufacture and process or store medical
marijuana.
d. Alarm systems shall
be equipped with a "panic device" that upon activation will not only sound any
audible alarm components, but will also notify law enforcement.
e. Alarm systems shall have "duress" and
"hold up" features to enable an agent to activate a silent alarm notifying law
enforcement of an emergency.
f.
Alarms system must be equipped with failure notification systems to notify
processors and law enforcement of any failure in the alarm system and such
systems must be in use at all times.
g. Alarm systems shall have the ability to
remain operational during a power outage and shall remain operational
regardless of the length of the power outage.
8.5.
Video Surveillance
System
a. A processor shall be
equipped with video surveillance systems consisting of the following:
i. Digital video cameras with a minimum
resolution of 10 frames per second;
ii. 24 hour per day, 7 day per week
continuous recording;
iii. The
ability to remain operational during a power outage and shall remain
operational regardless of the length of the power outage;
iv. Digital archiving capabilities and shall
maintain digital archiving for one year;
v. On-site and off-site monitoring;
and
vi. All facilities must
maintain at least one on-site display monitor connected to the surveillance
system at all times. The monitor shall have a screen size of at least 12
inches.
b. A processor
shall maintain camera coverage of the following areas:
i. All points of ingress and egress to the
facility, including, but not limited to, doorways, windows, loading bays,
skylights, and retractable roof mechanisms;
ii. Any room with an exterior wall, except
restrooms, any room containing a safe, and any room or area used to manufacture
and process or store medical marijuana;
iii. All areas in which any part of the
disposal process of marijuana occurs; and
iv. All parking areas and any alley areas
immediately adjacent to the building.
c. All recording devices shall display a date
and time stamp on all recorded video.
d. All recording devices shall have the
capability to produce a still image from the video recording, and each
processor shall maintain, on site, a video printer capable of immediately
producing a clear still image from any video camera image.
e. Access to on-site surveillance system
controls and monitoring shall be limited to authorized personnel. A processor
shall identify individuals with access to surveillance system controls and
monitoring upon request by the Division.
f. All surveillance recordings shall be
maintained for a minimum of 90 days.
8.6.
Perimeter
Requirements
a. The perimeter
of all processors shall be maintained in such a way as to discourage theft and
diversion of marijuana. All processors shall maintain the following:
i. Adequate lighting to facilitate
surveillance; and
ii. Foliage and
landscaping that does not allow for a person or persons to conceal themselves
from sight.
b. All
stages of medical marijuana manufacturing and production and the disposal of
unusable medical marijuana on the premises of a processor shall not be visible
or accessible to the public.
c. The
processor shall maintain any walls or fencing necessary to shield the
operations of the facility from public access and view.
d. The processor shall ensure any odors that
may arise from any stage of marijuana manufacture and production or the
disposal of marijuana are not detectable by the public from outside the
processor.
SECTION 23.
PROHIBITED ACTIVITIES;
GROUNDS FOR SUSPENSION, REVOCATION, OR LEVY OF FINE AGAINST ANY LICENSE OR
REGISTRY IDENTIFCATION CARD.
23.1
Grounds for Suspension or Revocation of a Registry Identification
Card
The Division may suspend or revoke the registry identification card of
any cultivation facility agent, processor agent, or dispensary facility's agent
who knowingly violates any provision of the Amendment or the rules promulgated
by the Commission, Department, or Division.
23.2
Grounds for Suspension,
Revocation, or Placing of Monetary Fine against a Dispensary, Processor, or
Cultivation Facility
Any dispensary, cultivation, or processing license may be suspended,
revoked, or may be assessed against the licensee a monetary fine of up to five
thousand ($5000) dollars for any violation of the Arkansas Medical Marijuana
Act by any licensee or any employee, agent or servant of the licensee,
including the following violations:
a.
False material statements made by a licensee to the Arkansas Medical Marijuana
Commission during the application process;
b. Failure of the licensed facility to pay
taxes owed to the State of Arkansas or to any political subdivision of the
State of Arkansas;
c. Failure to
prevent diversion or theft of medical marijuana;
d. Allowing any employee, supervisor,
volunteer, or agent who has not obtained or had suspended or revoked, a
registry identification card from the Division to work on a licensed premise or
perform any duty on behalf of the dispensary, processor, or cultivation
facility;
e. Failure to allow entry
to the licensed premises to Enforcement agents or duly authorized police
officers in the course and scope of their employment;
f. Failure to maintain operational alarm
systems and video surveillance systems;
g. Failure to maintain or keep any record
required by these rules or Arkansas law;
h. Failure to comply with advertising and
marketing restrictions;
i. Failure
to properly package or secure medical marijuana on the licensed premises or
during transport;
j. Failure to
properly dispose of medical marijuana;
k. Operating a cultivation facility,
processor, or dispensary when a license has been suspended;
l. Failure to comply with any rule
promulgated by the Arkansas Department of Health regarding medical
marijuana;
m. Failure to comply
with any rule promulgated by the Arkansas Medical Marijuana
Commission;
n. Failure to comply
with any law of the State of Arkansas concerning medical marijuana;
o. Failure to comply with any local
regulation regarding medical marijuana;
p. Failure to comply with any rule of the
Division.
q. Knowingly aiding or
facilitating in a violation of the Amendment, rules promulgated by the
Commission, Department, or Division, or any other law of the State of
Arkansas.
23.3
Grounds for Suspension, Revocation, or Placing of Monetary Fine
against a Cultivation Facility License
Any cultivation license may be suspended, revoked, or may be assessed
against the licensee a monetary fine of up to five thousand ($5000) dollars for
any violation of the Arkansas Medical Marijuana Act by any licensee or any
employee, agent or servant of the licensee, including the following
violations:
a. Possession of usable
marijuana in excess of the amount reasonably necessary to meet the demand for
and needs of qualifying patients as determined by the Arkansas Medical
Marijuana Commission and the Arkansas Department of Health;
b. Selling, delivering, or transporting
marijuana in any form to any person or entity without the required license
issued by the Arkansas Medical Marijuana Commission or an approved laboratory
for testing purposes;
c. Giving
marijuana to any person or entity;
d. Selling marijuana to any dispensary or
cultivation facility that has a license under suspension, revocation, or that
has not been renewed;
e. Failure to
properly label and package marijuana that is moved between the cultivation
facility and a dispensary or other cultivation facility.
f. Failure to utilize the Inventory Tracking
System for reporting and inventory control.
23.4
Grounds for Suspension,
Revocation, or Placing of Monetary Fine against a Processor
License
A processor license may be suspended, revoked, or a monetary fine of up
to five thousand ($5000) dollars may be assessed against the licensee for any
violation of the Arkansas Medical Marijuana Act by any licensee or any
employee, agent or servant of the licensee, including the following
violations:
a. Possession of usable
marijuana in excess of the amount reasonably necessary to meet the demand for
and needs of qualifying patients as determined by the Arkansas Medical
Marijuana Commission and the Arkansas Department of Health;
b. Growing, selling, or dispensing medical
marijuana;
c. Giving marijuana to
any person or entity;
d. Failure to
properly label and package marijuana that is moved between the processor and a
dispensary or cultivation facility.
e. Failure to utilize the Inventory Tracking
System for reporting and inventory control.
23.5
Grounds for Suspension,
Revocation, or Placing of Monetary Fine against a Dispensary
License
Any dispensary license may be suspended, revoked, or assessed a
monetary fine of up to five thousand ($5000) dollars for any violation of the
Arkansas Medical Marijuana Act by any licensee or any employee, agent or
servant of the licensee, including the following violations:
a. Accepting marijuana seeds, seedlings,
plants, or usable marijuana from an unauthorized source;
b. Transferring, selling, or delivering
marijuana seedlings, plants, or usable marijuana to any entity or person,
except as allowed by law by dispensaries, transporters, processors, and
cultivation facilities licensed by the Arkansas Medical Marijuana Commission,
qualifying patients, visiting qualifying patients, designated caregivers, and
approved laboratories for testing purposes;
c. Dispensing more than a total of two and
one-half ounces (2 ½ oz.) of usable marijuana to either a qualifying
patient or designated caregiver acting on behalf of a qualifying patient during
a fourteen (14) day period. A dispensary shall not dispense more than a total
of two and one-half ounces (2 ½ oz.) of usable marijuana to a visiting
qualifying patient during a fourteen (14) day period;
d. Failure to record and report required
information for all transactions for the dispensing of usable
marijuana;
e. Giving samples of
marijuana or marijuana products.
f.
Failure to utilize the Inventory Control Tracking System for reporting and
inventory control.
g. Use of a
self-service machine such as a vending machine for the purchase and dispensing
of medical marijuana.
h. Failure to
properly label and package marijuana or marijuana products that are to be sold
to qualified patients, qualified visiting patients, and qualified patient care
providers.
SECTION
24.
PROCEDURE FOR LEVYING MONETARY PENALTIES AGAINST
LICENSES AND FOR THE SUSPENSION AND REVOCATION OF LICENSES AND REGISTRY
IDENTIFICATION CARDS; NOTICE REQUIREMENTS; HEARING PROCEDURES; AND
APPEALS.
24.1
Violation
Reports and Notices.
a. The
Director of the Division, the Director of Enforcement, an enforcement agent, an
employee of the board, or assisting law enforcement officer, may issue an
inspection report, an advisory report, or a notice of violation before taking
action to fine, suspend, or revoke a dispensary license, processor, cultivation
facility license, or agent registry identification card.
b. An inspection report documents an
inspection of a licensed premises. An inspection report must be prepared on a
form prescribed by the Alcoholic Beverage Control Board.
c. The Director of the Division may issue a
notice of violation if an inspection report or other credible information shows
a licensed facility or its agent is in violation of the Arkansas Medical
Marijuana Amendment; any Rule promulgated by the Division, the Medical
Marijuana Commission, or the Department; any Order of the Division, the Medical
Marijuana Commission, or the Department; or any law relating to marijuana; or
any law relating to taxation.
d. A
notice of violation shall be delivered to the licensed facility at its licensed
premises.
e. A notice of violation
regarding cultivation facility agent, dispensary agent, or processing facility
agent shall be delivered to the agent at his or her place of employment. A copy
of the notice shall be provided to the licensee of the cultivation facility,
dispensary, processing facility.
f
The notice shall describe any violation, and cite the applicable Constitutional
Amendment provision, statute, Rule, order of the board, or other law. A
violation report or notice may be the basis of a proceeding to fine, suspend,
revoke, or otherwise penalize a licensed facility's license. The notice may
include the Director's proposed fine, as well as any proposed penalty to be
imposed. A licensed facility cultivation facility agent, processor agent, or
dispensary agent, that receives a notice of violation shall in writing, not
later than 10 days after service of the notice, either consent to the proposed
penalty set forth in the notice and waive the right to a hearing, or request an
opportunity to appear before the Director of Alcoholic Beverage Control
Administration or an authorized hearing officer.
g. If the licensee or agent consents to the
penalty set forth in the offer and settlement served upon them and waives the
right to a hearing, the licensee or agent shall fulfill the terms set forth in
the notice of violation.
h. If a
hearing is requested, a hearing shall be scheduled, and the recipient of the
violation shall receive a notice of hearing in compliance with these
rules.
i. If the recipient of the
notice of violation fails to respond to the notice of violation, the Director
shall enter an order in compliance with these rules.
24.2
All Hearings for
Suspension, Revocation, or Money Fine of Licenses to be Before Director or
Designated Hearing Officer Upon Notice of Hearing; Emergency
Exception
a. All hearings for
the suspension, revocation, or money fine of licenses or registry
identification cards of dispensary agents, processor agents, and cultivation
facility agents shall initially be before the Alcoholic Beverage Control
Director or a Hearing Officer designated as provided in these rules pursuant to
the notice required by these Rules, with an opportunity for interested parties
to respond and present evidence and argument on all issues involved.
b. If the Director finds, pursuant to ACA
§
25-15-211(c),
that the public health, safety or welfare imperatively requires emergency
action, and incorporates a finding to that effect in his Order, summary
suspension of the license or registry identification card may be ordered
pending proceedings for revocation or other action, which proceedings shall be
promptly instituted and determined.
c. If the Director makes the determination
set out in (b), the provisions of rule 24.1 shall not apply.
24.3
Contents of
Notice Required.
a. In every
case in which a hearing is required by these Rules or by any law of the State
of Arkansas pursuant to notice, such notice shall include the following:
i. A statement of the time, place and nature
of the hearing;
ii. A statement of
the legal authority and jurisdiction under which the hearing is to be
held;
iii. A short and plain
statement of the matters of fact and law asserted; and
iv. A statement advising the recipient of the
notice that the license or registry identification card may be suspended or
revoked.
24.4
Conduct of Hearing by Director or Hearing Officer
In the conduct of any hearing held by the Director or the Hearing
Officer designated as provided in these Rules, the Director or such Hearing
Officer shall be authorized to examine or cause to be examined under oath any
person, and to examine or cause to be examined books and records of any
licensee or agent; to hear testimony, to take proof material for his
information and for the purposes of the hearing; to administer or cause to be
administered oaths; and for such purposes to issue subpoenas to require the
appearance of witnesses and the production of books and records, which
subpoenas shall be effective in any part of this state. Any Circuit Court may
by order duly entered require the attendance of witnesses or the production of
relevant books and records subpoenaed by the Director and the Court may compel
obedience to its orders by proceedings for contempt. Any licensee or agent
involved in a hearing before the Director shall be entitled, on request, to a
subpoena for the compulsory attendance of witnesses desired by him.
24.5
Order Denying,
Suspending, Revoking or Imposing a Money Fine Against Licensee or
Agent
Whenever the Director shall deny, suspend, or revoke any license or
application, or impose a money fine against any licensee or agent, he or she
shall prepare an Order so providing, which shall be signed by the Director or
some person designated by him or her. Said Order shall include findings of fact
and conclusions of law, separately stated. Findings of fact, if set forth in
statutory language, shall be accompanied by a concise and explicit statement of
the underlying facts supporting the findings. Said Order shall be mailed by
certified mail by the Director to the licensee or agent to the address provided
by the licensee or the agent. Said Order shall be final and binding on all
parties until such Order has been appealed as provided in these Rules and a
decision rendered by the Alcoholic Beverage Control Board.
24.6
Appeal by Person Aggrieved
by Order of Director
Any licensee or agent aggrieved by an Order of denial, suspension,
revocation, or the imposition of a money fine by the Director may appeal from
such Order to the Alcoholic Beverage Control Board by filing a notice of appeal
with the Board. The notice of appeal must be mailed or delivered to the offices
of the Alcoholic Beverage Control Division within fifteen (15) days after the
Order to be appealed from was received by the recipient, as shown by the
Certified Mail Return Receipt card returned to the Alcoholic Beverage Control
Division. The notice of appeal shall designate the name of the licensee or
agent. At least ten (10) days before the time set for the hearing the Alcoholic
Beverage Control Division shall notify the licensee or agent of the time and
place where said appeal shall be heard by the Board or by a Hearing Officer
designated as provided in these rules. Such notice to the licensee or agent
shall be mailed by regular first-class mail. Said hearing shall be held within
at least sixty (60) days after the date of the filing of the notice of appeal
unless the person appealing shall consent to a later hearing.
24.7
Conduct of Hearing by
Board
For the purpose of hearing or conducting any appeal authorized to be
heard by it, the Board or any Hearing Officer designated as provided in these
Rules, shall have the power to examine or cause to be examined under oath any
licensee or agent, or any other person, and to examine or cause to be examined
the books and records of any such licensee or agent; to hear testimony and to
take proof, presented by the Division, Enforcement or such licensee or agent
material for its information or the information of such Hearing Officer in
hearing such appeal; to administer or cause to be administered oaths; and for
such purposes to issue subpoenas requiring the attendance of witnesses and the
production of books and records, such subpoenas to be effective in any part of
this State; and any Circuit Court may by order duly entered require the
attendance of witnesses and the production of relevant books and records
subpoenaed by the Board and the Court may compel obedience to its orders by
proceedings for contempt. A licensee or agent involved in a hearing before the
Board shall be entitled, on request, to a subpoena for the compulsory
attendance of witnesses desired by him.
24.8
Order by
Board
Within five (5) days after a hearing is concluded by the Board, the
Board shall render its written decision or Order. Such written Order shall
include findings of facts and conclusions of law, separately stated. Findings
of fact, if set forth in statutory language shall be accompanied by a concise
and explicit statement of the underlying facts supporting the findings. A copy
of such Order shall be mailed by the Board by certified mail to the licensee or
agent. Said Order shall be final and binding on the licensee or agent.
Provided, however, that an appeal may be taken from any Order against a
licensee or agent as provided for in these Rules.
24.9
Appeal from Board to
Courts.
Any licensee or agent aggrieved by an Order of the Board may appeal to
the Circuit Court system in accordance with the Arkansas Administrative
Procedure Act. An appeal from the judgment of the Circuit Court may be taken to
the Arkansas Court of Appeals or the Supreme Court of Arkansas in the manner
provided for the appeal of civil matters from the Circuit Court.
24.10
Appellant to
Pay Costs of Preparing Transcript of Board Hearings
Pursuant to the provisions of the Arkansas Administrative Procedure
Act, the Alcoholic Beverage Control Division shall prepare the certified copy
of the agency record for filing in any appeal filed under the Arkansas
Administrative Procedure Act. However, the Alcoholic Beverage Control Division
will recover $1.50 per page for each page of the transcript of the Alcoholic
Beverage Control proceedings filed with the Circuit Court, if the Alcoholic
Beverage Control Division is determined to be the prevailing party in the
Administrative Procedure Act review. In the event any parties request that the
Alcoholic Beverage Control Division provide a copy of the agency record, the
Alcoholic Beverage Control Division shall be entitled to recover forty cents
($.40) per page for each copy of the transcript. Any copies of Alcoholic
Beverage Control files, records, or transcripts shall be paid for at the rates
noted above. All monies received by the Alcoholic Beverage Control Division
pursuant to the above provisions shall be deposited to the General Revenues of
the State of Arkansas.
24.11
Admissibility of Evidence
in Hearings
In any hearing provided for by these Rules or by any law of the State
of Arkansas, the Director, the Board and any Hearing Officer designated
pursuant to these Rules to conduct such hearing, shall not be bound by the
legal rules of evidence in conducting any hearing and in making any decision,
and may take into consideration any testimony, papers or documents which may be
deemed relevant to the issues involved.
24.12
Designation of Hearing
Officer
Pursuant to the power granted to the Alcoholic Beverage Control
Division, in part by ACA §
25-15-213 and
pursuant to other powers granted to the Director and the Board, the Director or
the Board may designate any member of the Alcoholic Beverage Control Division
to conduct any hearing authorized by this Article or by any Medical Marijuana
law of the State of Arkansas.
24.1
3
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 these Rules
or by any Arkansas Medical Marijuana law of the State of Arkansas, including
but not limited to the violation recipient, shall have the right to be
accompanied and advised by counsel and to cross-examine witnesses.
24.14
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 ABC Director, the ABC Board, or any Court Order which
has become final, notice thereof shall be given by the ABC Director to any
authorized agent of the Alcoholic Beverage Control Enforcement Division and
said agent shall immediately take possession of the license or registry
identification card and return it to the Director.