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006.02.7-6. Construction Specifications and Security Requirements for Cultivation Facilities

AR ADC 006.02.7-6Arkansas Administrative CodeEffective: May 30, 2022

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: May 30, 2022
Ark. Admin. Code 006.02.7-6
006.02.7-6. Construction Specifications and Security Requirements for Cultivation Facilities
Currentness
6.1 Duty to Operate a Secure Premises
a. All Cultivation Facilities shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and the theft and diversion of marijuana.
b. A licensee is responsible for the security of all marijuana and marijuana processed products on the licensed premises or in transit from the facility when self-transporting.
c. Cultivation Facilities shall comply with all applicable security requirements set forth in these rules.
6.2. Construction of Premises
a. Enclosed and Secure Facility -- All cultivation of medical marijuana shall take place within a building, greenhouse or other structure that:
i. Has a complete roof enclosure supported by connecting walls, constructed of solid materials, extending from the ground to the roof;
ii. Is secure against unauthorized entry;
iii. Has a foundation, slab, or equivalent base to which the floor is securely attached;
iv. Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of:
1. Common visual observation;
2. Odors, smell, fragrances, or other olfactory stimulus;
3. Light pollution, glare, or brightness;
4. Adequate ventilation to prevent mold; and
5. Noise;
v. Provides complete visual screening, and
vi. Is accessible only through one (1) or more lockable doors.
b. Commercial grade, non-residential door locks shall be installed on every external door, and gate if applicable. All external locks shall be equipped with biometric access controls with two factor authentication and the two-factor authentication must be in use at all times. Only authorized personnel shall have access to locked and secured areas. Facilities shall maintain detailed records of employees with access to locked and secured areas. Records shall be made available to the Division upon request.
c. All cultivation facilities shall maintain detailed plans and elevation drawings of all operational areas involved with the production, processing, and manufacturing of medical marijuana. The plan shall identify the following:
i. All storage areas, ventilation systems, and equipment used for production, processing, and manufacturing;
ii. All entrances and exits to the facility;
iii. All windows, skylights, and retractable mechanisms built into the roof;
iv. The location of all required security cameras;
v. The location of all alarm inputs, detectors, and sirens;
vi. All video and alarm system surveillance areas;
vii. All production, processing, and manufacturing areas shall be labeled according to the specific activity occurring within the area;
viii. All restricted and limited access areas shall be identified; and
ix. All non-production areas shall be labeled according to their purpose.
d. Floor plans and elevation drawings shall be kept current and on the premises of the cultivation facility. Plans and elevation drawings shall be made available to the Division upon request.
e. Floors, walls, and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and in good repair.
f. Cultivation facilities shall have adequate lighting in all areas where Medical Marijuana is stored and where equipment and utensils are cleaned.
g. Plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water to required locations throughout the facility and to properly convey sewage and liquid disposable waste from the facility. There shall be no cross-connections between the potable and waste water lines.
h. All facilities shall be constructed to meet the standards of any applicable state and local electrical, fire, plumbing, and building specification codes.
6.3. Storage Area Requirements
a. Harvested marijuana and any product processed from harvested marijuana shall be stored in one of the following types of secured areas:
i. 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) man-minutes against forced entry, twenty (20) man-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 RR 6.4.
ii. 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 ( ½ ) 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 rule 6.4.
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.
6.4 Alarm System
a. All cultivation facilities shall be equipped with an alarm system which, upon attempted unauthorized entry, shall transmit a signal directly to a central protection company or a local or State police agency which has a legal duty to respond. A designated agent of the cultivation facility shall also receive notification of any such signal.
b. Alarm systems shall provide coverage for all points of ingress and egress to the facility, including, but not limited to, doorways, windows, loading bays, skylights, and retractable roof mechanisms.
c. Alarm systems shall provide coverage of any room with an exterior wall, any room containing a safe, and any room used to grow or store medical marijuana.
d. Alarm systems shall be equipped with a “panic device” that upon activation will not only sound any audible alarm components but will also notify law enforcement.
e. Alarm systems shall have “duress” and “hold up” features to enable an agent to activate a silent alarm notifying law enforcement of an emergency.
f. Alarm system must be equipped with failure notification systems to notify cultivation facilities and law enforcement of any failure in the alarm system and such systems must be in use at all times.
g. Alarm systems shall have the ability to remain operational during a power outage and shall remain operational regardless of the length of the power outage.
6.5. Video Surveillance System
a. All cultivation facilities shall be equipped with video surveillance systems consisting of the following:
i. Digital video cameras with a minimum resolution of 10 frames per second;
ii. 24 hour per day, 7 day per week continuous recording;
iii. The ability to remain operational during a power outage and shall remain operational regardless of the length of the power outage;
iv. Digital archiving capabilities and shall maintain digital archiving for one year;
v. On-site and off-site monitoring; and
vi. All facilities must always maintain at least one on-site display monitor connected to the surveillance system. The monitor shall have a screen size of at least 12 inches.
b. All cultivation facilities shall maintain camera coverage of the following areas:
i. All points of ingress and egress to the facility, including, but not limited to, doorways, windows, loading bays, skylights, and retractable roof mechanisms;
ii. Any room with an exterior wall, except restrooms, any room containing a safe, and any room or area used to grow, process, manufacture, or store medical marijuana;
iii. All areas in which any part of the disposal process of marijuana occurs; and
iv. All parking areas and any alley areas immediately adjacent to the building.
c. All recording devices shall display a date and time stamp on all recorded video.
d. 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.
e. Access to on-site surveillance system controls and monitoring shall be limited to authorized personnel. Cultivation facilities shall identify individuals with access to surveillance system controls and monitoring upon request by the Division.
f. All surveillance recordings shall be maintained for a minimum of 90 days.
6.6. Perimeter Requirements
a. The perimeter of all cultivation facilities shall be maintained in such a way to discourage theft and diversion of marijuana. All cultivation facilities shall maintain the following:
i. Adequate lighting to facilitate surveillance; and
ii. Foliage and landscaping that does not allow for a person or persons to conceal themselves from sight.
b. All stages of medical marijuana production and the disposal of unusable medical marijuana on the premises of a cultivation facility shall not be visible or accessible to the public.
c. The cultivation facility shall maintain any walls or fencing necessary to shield the operations of the facility from public access and view.
d. The cultivation facility shall ensure any odors that may arise from any stage of marijuana production or the disposal of marijuana are not detectable by the public from outside the cultivation facility.

Credits

Adopted July 29, 2017. Amended July 16, 2020; May 30, 2022.
Current with amendments received through May 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.7-6, AR ADC 006.02.7-6
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