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006.02.8-III. Definitions

AR ADC 006.02.8-IIIArkansas 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-III
006.02.8-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 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.
3.11 “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.

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-III, AR ADC 006.02.8-III
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