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006.28.1-III. Definitions

AR ADC 006.28.1-IIIArkansas Administrative CodeEffective: December 13, 2020

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 28. Medical Marijuana Commission
Rule 1. Rules and Regulations Governing the Application for, Issuance, and Renewal of Licenses for Medical Marijuana Cultivation Facilities, Dispensaries, and Processors in Arkansas
Effective: December 13, 2020
Ark. Admin. Code 006.28.1-III
006.28.1-III. Definitions
Currentness
(1) “Amendment” means the Arkansas Medical Marijuana Act of 2016.
(2) “Applicant” means the natural person in whose name a license would be issued and any entity: (a) the natural person represents; or (b) on whose behalf the application is being submitted.
(3) “Commission” means the Medical Marijuana Commission.
(4) “Cultivation facility” means an entity that:
a. Has been licensed by the Medical Marijuana Commission;
b. Cultivates, prepares, manufactures, processes, packages, sells to and delivers usable marijuana to a dispensary.
(5) “Department” means the Arkansas Department of Health.
(6) “Dispensary” means an entity that has been licensed by the Medical Marijuana Commission pursuant to the requirements of the Amendment.
(7) “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;
(i) [FN1]
(8) “Licensed facility” means a licensed cultivation facility, licensed dispensary, licensed transporter/distributor, or licensed processor.
(9) “Manufacture and Process”
a. Means the manufacturing, processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates, or cannabinoid extracts; and
b. Does not mean the drying of marijuana.
(10) “Primary Entrance” means the entrance through which most people enter or exit a building.
(11) “Processor” means an entity licensed by the Commission pursuant to these Rules and that may:
a. Acquire, possess, manufacture and process, prepare, deliver, transport, and supply marijuana to a dispensary or cultivation facility; and
b. Receive compensation for providing services allowed by this section.
(12) “Qualifying medical condition” means one or more of the following:
a. Cancer, glaucoma, positive status for human immunodeficiency virus/acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Tourette's syndrome, Crohn's disease, ulcerative colitis, post-traumatic stress disorder, severe arthritis, fibromyalgia, Alzheimer's disease, or the treatment of these conditions;
b. A chronic or debilitating disease or medical condition or its treatment that produces one (1) or more of the following: cachexia or wasting syndrome; peripheral neuropathy; intractable pain, which is pain that has not responded to ordinary medications, treatment or surgical measures for more than six (6) months; severe nausea; seizures, including without limitation those characteristic of epilepsy; or severe and persistent muscle spasms, including, without limitation those characteristic of multiple sclerosis; and
c. Any other medical condition or its treatment approved by the Department pursuant to these Rules and the Amendment.
(13) “School” means a facility or building operated by a public school district; open-enrollment public charter school, as defined in Ark. Code Ann. § 6-23-103; or a private entity including parochial schools providing preschool, elementary, or secondary education but does not include postsecondary institutions of higher education, community colleges, or the residences of students being home schooled under Ark. Code Ann. § 6-15-501 et. seq.
(14) “Sealed” means expunge, remove, sequester, and treat as confidential the record or records of a felony offense;
(15) “Transporter” means an entity licensed as a transporter by the Commission.
(16) “Usable marijuana” means the stalks, seeds, roots, dried leaves, flowers, oils, vapors, waxes, and other portions of the marijuana plant and any mixture or preparation thereof. Usable marijuana does not include the weight of any ingredients other than marijuana that are combined with marijuana and prepared for consumption as food and drink.

Credits

Adopted July 29, 2017. Amended Dec. 15, 2018; Dec. 13, 2020.
[FN1]
So in original.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.28.1-III, AR ADC 006.28.1-III
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