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006.02.8-VIII. Operational Requirements

AR ADC 006.02.8-VIIIArkansas 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-VIII
006.02.8-VIII. Operational Requirements
Currentness
8.1 Hours of Operation
A. A transporter/distributor may transport medical marijuana to and licensed facility or approved laboratory between the hours of 7:00 a.m. and 9:00 p.m.
B. If the transporter/distributor has in its possession medical marijuana outside of the approved hours for transportation, the transporter/distributor must immediately return to its facility and store the medical marijuana consistent with these rules.
8.2 Inventory Manifest Required
A. Prior to the transport of any marijuana, the originating licensee shall provide the transporter/distributor with a copy of the manifest generated from the Inventory Tracking System. The manifest shall include the following information:
i. The following information for the licensed facility originating the transport:
a. License Number; and
b. Name and contact information for licensee
ii. The following information for the licensed facility or approved laboratory receiving the medical marijuana:
a. License Number if the destination is a licensed facility or business name if the destination is an approved laboratory;
b. Address of the destination;
c. Name and contact information of the licensee, or contract information for the approved laboratory.
iii. Quantities by weight or unit of each type of medical marijuana or medical marijuana product contained in transport, along with the UINs for every item;
iv. The date of transport and approximate time of departure;
v. Arrival date and estimated time of arrival;
vi. Identify of the agents accompanying the transport;
viii. Delivery vehicle make, model, and license plate number.
B. A separate manifest shall be prepared for each licensed facility or approved laboratory.
C. An inventory manifest shall not be altered after departing the originating premises.
D. A transporter/distributor or transporter/distributor agent shall not accept for transport any marijuana that is not accompanied by a manifest and described therein that meets the requirements in these rules.
E. There shall be no passenger or operator in the transporter/distributor vehicle, while medical marijuana is present in the vehicle that does not maintain with them a Registry Identification Card.
8.2 [FN1] Transporter/distributor restrictions
A transporter/distributor licensed under this section shall not:
A. Grow or prepare marijuana,
B. Manufacture or process marijuana,
C. Supply or dispense marijuana to a qualified patient or designated caregiver;
D. Purchase marijuana for resale to other licensed facilities.
8.3 Limited Access to Transporter/Distributor Facility
A. Only the following individuals shall be allowed to access transporter's/distributor's facility:
i. Individuals in possession of a current registry identification card issued by the Division;
ii. Individuals authorized by law and these rules to be on the premises;
iii. Contractors
1. If it is necessary for a contractor to enter a transporter/distributor facility to conduct repairs, maintenance or other specific duties on the property, the contractor shall be escorted to their work site and may be left unattended while completing a job. If left unattended, transporter's/distributor's personnel shall ensure the contractor and area under repair are under video surveillance for the duration of the contractor's time spent on the premises.
2. If it is necessary for a contractor to enter a transporter/distributor facility's limited access area the contractor shall be escorted to their work site and must remain in the company of a transporter's/distributor's agent while the work is being completed. The contractor may be left unattended, in the limited access area, if there is no marijuana being stored in the area while the contractor is present. If left unattended, transporter's/distributor's agent shall ensure the contractor and area under repair are under video surveillance for the duration of the contractor's time spent on the premises.
iv. All contractors shall be issued a contractor identification tag. The tag shall bear the individual's name and be worn by the contractor for the duration of the individual's time on the premises.
v. If a contractor is required on the premises for more than two (2) consecutive days, the transporter/distributor shall notify the division of the contractor's identity and purpose for being on the premises.
8.4 Limited Access Areas
A. Transporter's/distributor's facility shall have limited access to areas where marijuana is stored to authorized personnel.
i. Signage
a. Limited Access areas shall be clearly marked.
ii. Controlled Access
a. Limited Access areas shall be locked and accessible only by authorized personnel, individuals authorized by law, and members of the Division or Enforcement.
b. Transporter/dispensaries shall keep current rosters of personnel authorized to enter limited access areas.
c. Contractors may access limited access areas subject to the provisions of 8.3.Visitors,
8.5 Inventory Tracking System
A. All transporters/distributors shall utilize the Inventory Tracking System implemented by the State of Arkansas to medical marijuana stored at the licensed facility.
B. Transporters/distributors shall acquire and maintain all software, hardware, and communications infrastructures to ensure connectivity to the Inventory Tracking System
8.6 Transporter/distributor Tracking Requirements
A. Transporters/distributors shall ensure the following events are logged into the Inventory Tracking System:
i. The storage of medical marijuana at their facility; and
ii. Transport of medical marijuana back to the originating facility for disposal if such medical marijuana has become unusable or has been directed by Order of the Division to be returned to the originating licensed facility.
B. Each transaction described in subsection 8.6(A) must be recorded by a licensee immediately upon occurrence. Any licensee who fails to record a transaction listed in 8.6(A) may be subject to disciplinary action.

Credits

Adopted Dec. 13, 2020.
[FN1]
So in original.
Current with amendments received through August 15, 2023. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.8-VIII, AR ADC 006.02.8-VIII
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