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006.02.8-VII. Construction Specifications and Security Requirements

AR ADC 006.02.8-VIIArkansas Administrative Code

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
Ark. Admin. Code 006.02.8-VII
006.02.8-VII. Construction Specifications and Security Requirements
Currentness
7.1 Duty to Operate a Secure Premises
A A transporter/distributor shall implement appropriate security measures to deter and prevent the theft and diversion of marijuana.
B A transporter/distributor shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana at the transporter/distributor facility
C A transporter/distributor is responsible for the security of all marijuana on the licensed premises, in transportation vehicles, and all marijuana after a transporter/distributor takes possession of the marijuana from a licensed cultivator, dispensary, processor or laboratory.
7.2 Transport Security
A Shipping Requirements
i Shipping Container Required. A transporter/distributor shall only transport medical marijuana that is packaged for transport inside a shipping container (as defined in this rule) tagged with a UIN.
ii Secured Container Required. All marijuana in transport shall be shielded from public view and secured in the following manner:
a In a locked, safe and secure storage compartment that is part of the transportation vehicle; or
b In a locked storage container that has a separate key or combination pad.
iii Routes and Additional Security Requirements for Transporting Marijuana
a A transportation vehicle shall travel directly from the originating licensed facility or approved laboratory to the receiving licensed facility or approved laboratory and shall not make any unnecessary stops in between, except to other licensed facilities or approved laboratories receiving inventory.
b A transporter/distributor shall notify the division immediately if a transportation vehicle is involved in an accident or experiences any type of failure causing the vehicle to be stopped at a location other than a licensed facility or approved laboratory for more than two (2) hours.
B Transportation vehicles shall be:
i Insured at or above the legal requirements in Arkansas:
ii Capable of securing marijuana during transport in accordance with this rule;
iii Equipped with an alarm system; and
iv Free of any markings that would indicate the vehicle is being used to transport marijuana.
v Staffed with a minimum of two (2) employees when a vehicle contains medical marijuana. At least one (1) employee shall remain with the vehicle any time it contains medical marijuana.
C Individuals transporting marijuana shall:
i Have a valid Transporter/Distributor Agent Registry Identification Card issued by the Division;
ii Have a valid Arkansas Driver's License; and
iii Have possession of both the registry identification card and driver's license while operating or riding in a transportation vehicle.
7.3 Storage Facility Requirements
If a transporter is required to store marijuana at the licensed facility due to an inability to complete delivery within the designated allowable times, the following requirements shall apply:
A. Storage Requirements
i. All marijuana shall be stored only on the transporter's licensed premises.
ii. All marijuana shall be stored in one of the following types of secured areas:
a. A safe or steel cabinet:
1. Which safe or steel cabinet shall have the following specification or the equivalent: thirty (30) man-minutes against surreptitious entry, ten (10) main-minutes against forced entry, twenty (20) main-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 these rules.
b. 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 (1/2) 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) man-hours 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 these rules;
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.
B. Construction of Premises
i. Enclosed and Secure Facility
a. Transporter/distributor facilities shall be enclosed on all sides by permanent walls, except where vehicles may be stored.
ii. On site storage shall be:
a. Secure against unauthorized entry;
b. Have a foundation, slab, or equivalent base to which the floor is securely attached;
c. Provides complete visual screening of stored marijuana;
d. Commercial grade, nonresidential door locks shall be installed on every external door, and gate, if applicable.
1. All external locks shall be equipped with biometric access controls;
2. Only authorized personnel shall have access to locked and secured areas;
3. Facilities shall maintain detailed records of authorized personnel with access to locked and secured areas;
4. Records shall be made available to the Division upon request.
iii. All transporters/distributors shall maintain detailed plans and elevation drawings of the facility. The plan shall identify the following:
a. All entrances and exits to the facility;
b. All windows, skylights, and retractable mechanisms built into the roof;
c. All storage areas;
d. The location of all required security cameras;
e. The location of all alarm inputs, detectors, and sirens;
f. All video and alarm system surveillance areas;
g. All areas shall be labeled according to their purpose.
iv. Perimeter Requirements
All transporter/distributor facilities shall maintain the following:
a. Adequate lighting to facilitate surveillance; and
b. Foliage and landscaping that does not allow for a person or persons to conceal themselves from sight.
v. Floor plans and elevation drawings shall be kept current and on the premises of the transporter/distributor facility. Plans and elevation drawings shall be made available to the Division or Enforcement upon request.
vi. Transporter/distributor facilities shall have adequate lighting in all areas where medical marijuana is stored; and
vii. All facilities shall be constructed to meet the standards of an applicable state and local electrical, fire, plumbing, and building specification codes.
C. Alarm System
i. A transporter/distributor facility shall be equipped with an alarm system.
ii. Upon attempted unauthorized entry, the alarm system shall transmit a signal directly to a central protection company or a law enforcement agency that has a legal duty to respond. A designated agent of the transporter shall also receive notification of any such signal.
iii. 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.
iv. Alarm systems shall provide coverage of any room with an exterior wall, any room containing a safe, and any room used to store marijuana.
v. Alarm systems shall be equipped with a “panic device” that upon activation will both sound any audible alarm components and notify law enforcement.
vi. Alarm systems shall have “duress” and “hold up” features to enable an agent to activate a silent alarm notifying law enforcement of an emergency.
vii. Alarms system must be equipped with failure notification systems to notify the transporter and law enforcement of any failure in the alarm system.
viii. Alarm systems shall have the ability to remain operational during a power outage.
D. Video Surveillance System
i. A transporter's/distributor's facility shall be equipped with video surveillance systems consisting of the following:
a. Digital video cameras;
b. 24 hour per day, 7 day per week recording capabilities;
c. The ability to remain operational during a power outage;
d. Digital archiving capabilities;
e. On-site and off-site monitoring capabilities; and
f. 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.
ii. All transporter/distributor facilities shall maintain camera coverage of the following areas:
a. All points of ingress and egress to the facility, including without limitation doorways, windows, loading bays, skylights, and retractable roof mechanisms;
b. Any room with an exterior wall, except restrooms, any room containing a safe, and any room or area used to store marijuana; and
c. All parking areas and any alley areas immediately adjacent to the building.
iii. All recording devices shall display a date and time stamp on all recorded video.
iv. 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.
v. Access to on-site surveillance system controls and monitoring shall be limited to authorized personnel. Transporters shall identify employees with access to surveillance system controls and monitoring upon request by the Division.
vi. All surveillance recordings shall be maintained for a minimum of 90 days.

Credits

Adopted Dec. 13, 2020.
Current with amendments received through August 15, 2023. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.8-VII, AR ADC 006.02.8-VII
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