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006.02.8-VI. Oversight and Inspection Requirements

AR ADC 006.02.8-VIArkansas Administrative CodeEffective: December 13, 2020

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 02. Alcoholic Beverage Control
Rule 8. Rules Governing the Oversight of Medical Marijuana Transportation by Licensed Transporters and Distributors
Effective: December 13, 2020
Ark. Admin. Code 006.02.8-VI
006.02.8-VI. Oversight and Inspection Requirements
6.1 Inspection and Investigation -- Transportation vehicles and transporter/distributor facilities shall be subject to reasonable inspection by the Division.
A The Director of the Alcoholic Beverage Control Administration, or the Director of Alcoholic Beverage Control Enforcement, or an enforcement agent, may:
i Inspect, without the need for a search warrant, the licensed premises of a transporter's/distributor's facility or transportation vehicle, including any marijuana and marijuana products on the premises, equipment used in the transportation, distribution or storage of marijuana, the transporter's/distributor's records required by these rules and computers, at any time;
ii Issue a written report or notice of his or her findings;
iii Exercise law enforcement powers, if authorized, and
iv Enlist the assistance of any law enforcement officer not directly employed by Alcoholic Beverage Control Enforcement toward the performance of these enforcement duties.
B A transporter/distributor and any agent shall cooperate with the Director of Alcoholic Beverage Control Administration, the Director of Alcoholic Beverage Control Enforcement, and enforcement agent, an employee of the Board, or assisting law enforcement officer, acting in an official capacity to enforce the laws related to marijuana, including but not limited to:
i Permitting entry upon and inspection of the licensed premises (including all limited access areas) and transportation vehicles; and
ii Providing access to records required by these rules and computers, when requested by the Director of Alcoholic Beverage Control Administration, Director of Alcoholic Beverage Control Enforcement, or an enforcement agent, or an assisting law enforcement officer.
6.2 Inspection required prior to operation.
All transporters/distributors shall notify the Division of their intent to commence operations.
A. The Division shall conduct a thorough inspection of the premises for the following, as applicable:
i. Verify possession and accuracy of detailed plans and elevation drawings required in these rules;
ii Verify connection and accessibility to the Inventory Tracking System;
iii. Verification of an operational alarm and video surveillance systems;
iv. Verification of secure locks throughout the transporter/distributor facility, transportation vehicle, and on the secured container for shipping;
v. Verification of controls to limited access areas;
vi. Verification of compliance with perimeter restrictions;
vii. Any personnel records as required by these rules;
viii. Any other records required by these rules.
B. Transporter/distributors may not commence operations until the Division has issued an authorization letter and said letter has been served upon the licensee by Enforcement.
6.3 Annual Inspections Required. The Division shall conduct or request Enforcement to conduct, at minimum, one (1) inspection every twelve (12) months, of all transportation vehicles and transporter/distributor facilities. The annual inspection shall include, as applicable:
A. Verifying possession and accuracy of detailed plans and elevation drawings required in these rules;
B. Verify connection and accessibility to the Inventory Tracking System;
C. Verification of an operational alarm and video surveillance systems;
D. Verification of secure locks throughout the transporter/distributor facility, transportation vehicle, and on the secured container for shipping;
E. Verification of controls to limited access areas;
F. Verification of compliance with perimeter restrictions;
G. Any existing personnel records as required by these rules; and
H. Any existing records required by these rules.

Credits

Adopted Dec. 13, 2020.
Current with amendments received through May 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.8-VI, AR ADC 006.02.8-VI
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