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006.02.7-17. Dispensing of Medical Marijuana and Related Supplies

AR ADC 006.02.7-17Arkansas Administrative CodeEffective: July 16, 2020

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 02. Alcoholic Beverage Control
Rule 7. Rules Governing the Oversight of Medical Marijuana Cultivation Facilities, Processors and Dispensaries by the Alcoholic Beverage Control Division
Effective: July 16, 2020
Ark. Admin. Code 006.02.7-17
Formerly cited as AR ADC 006.02.7-15
006.02.7-17. Dispensing of Medical Marijuana and Related Supplies
Currentness
17.1 Dispensing Medical Marijuana
a. Prior to dispensing medical marijuana to a qualified patient or designated caregiver, a dispensary agent shall:
i. Verify the identity of the qualifying patient or the designated caregiver;
ii. Verify the validity of the qualifying patient or designated caregiver's registry identification card;
iii. Enter the qualifying patient or designated caregiver's registry identification number listed on the registry identification card into the Inventory Tracking System;
iv. Verify that the qualified patient or designated caregiver has a current authorization by the Arkansas Department of Health to purchase medical marijuana;
v. Verify that the amount of medical marijuana the qualifying patient or designated caregiver is requesting would not cause the qualifying patient to exceed the limit on obtaining no more than two and one-half (2 ½ oz.) ounces of usable medical marijuana during any fourteen-day period;
vi. Enter the following information into the Inventory Tracking System:
1. The dispensary agent's registry identification number;
2. The dispensing organization's registry identification number;
3. The amount, type and strain of medical marijuana dispensed;
4. Any UIN associated with the medical marijuana;
5. Purchase price of the medical marijuana;
6. Identity of the individual to whom the medical marijuana was dispensed, whether the qualifying patient or the qualifying patient's designated caregiver; and
7. The date and time the medical marijuana was dispensed.
8. If an order is placed for delivery, the following information shall also be recorded:
a. Registry identification numbers for the agents assigned to deliver the medical marijuana;
b. Address for delivery;
c. Estimated time of delivery; and
d. Actual time of delivery.
b. Dispensaries may sell medical marijuana to a visiting qualifying patient if the patient produces evidence of his or her registry identification card or its equivalent that is issued under the laws of another state, district, or territory, commonwealth, or insular possession of the United States and proof of registration with the Department.
i. For each sale to a visiting qualifying patient, the following information shall be entered into the Inventory Tracking System:
1. The dispensary agent's registry identification number;
2. The dispensing organization's registry identification number;
3. The amount, type and strain of medical marijuana dispensed;
4. Any UIN associated with the medical marijuana;
5. Identity of the individual to whom the medical marijuana was dispensed; and
6. The date and time the medical marijuana was dispensed.
c. A dispensary shall not use a self-service machine such as a vending machine for the purchase and dispensing of medical marijuana.
d. Use or consumption of medical marijuana on the premises of the dispensary is prohibited.
17.2 Marijuana Paraphernalia, Supplies, and Educational Materials
a. A dispensary shall:
i. Make marijuana vaporizers available for sale to qualifying patients and designated caregivers;
ii. Provide educational materials to qualified patients, qualified visiting patients, and care givers regarding methods of ingestion to qualifying patients and designated caregivers, including without limitation:
1. Warnings on the potential health risks of smoking or combusting marijuana; and
2. Information on potential health benefits of vaporizing marijuana compared to smoking or combusting.
b. A dispensary may acquire, possess, manufacture, process, prepare, deliver, transfer, transport, supply and dispense marijuana paraphernalia, marijuana-related supplies, and educational materials to qualifying patients and designated caregivers; however, a dispensary shall not supply, possess, manufacture, deliver, transfer or sell marijuana paraphernalia that requires the combustion of marijuana to be properly utilized, including the following:
i. Pipes;
ii. Water Pipes;
iii. Bongs;
iv. Chillums;
v. Rolling Papers, including pre-rolled products; and
vi. Roach Clips.
17.3 Recall Policy
a. All dispensaries shall establish a policy for communicating a recall for any usable marijuana that has been shown to present a reasonable probability that use of or exposure to the product will cause serious adverse health consequences. The policy shall include:
i. Procedure for contacting all qualifying patients, visiting qualifying patients, or designated caregivers who have, or likely have, obtained the product from the dispensary.
ii. Information and procedures for returning the product to the dispensary.
iii. Procedure for contacting the originating cultivation facility or dispensary;
iv. Procedure for contacting the processor of the product;
v. Procedure for notifying and communicating with the Alcoholic Beverage Control Division and the Arkansas Department of Health within 24 hours of the discovery of hazardous product.
b. A dispensary shall be responsible for disposing of any recalled marijuana in the manner described in these rules.

Credits

Adopted July 29, 2017. Amended July 16, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.7-17, AR ADC 006.02.7-17
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