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006.02.7-4. Oversight and Inspection Requirements

AR ADC 006.02.7-4Arkansas 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 006.02.7-4
006.02.7-4. Oversight and Inspection Requirements
4.1 Inspection and Investigation
A Licensed Facility shall be subject to reasonable inspection by the Alcoholic Beverage Control Division.
a. The Director of the Alcoholic Beverage Control Administration, or the Director of Alcoholic Beverage Control Enforcement, or an enforcement agent, may:
i. Inspect, without the need for a search warrant, the licensed premises of a dispensary, cultivation facility, or processor including any marijuana and marijuana product on the premises, equipment used in cultivating, processing, testing, or storing marijuana, the licensed facility's records and computers, at any time;
ii. Issue a written report or notice of his or her findings;
iii. Exercise law enforcement powers, if authorized, and take any other action the Director of Alcoholic Beverage Control Administration or Director of Alcoholic Beverage Control Enforcement determines is necessary; and
iv. Enlist the assistance of any law enforcement officer not directly employed by Alcoholic Beverage Control Enforcement toward performance of these enforcement duties.
b. A dispensary, cultivation facility, or processor and any licensee, employee, or agent shall cooperate with the Director of Alcoholic Beverage Control Administration, the Director of Alcoholic Beverage Control Enforcement, an enforcement agent, an employee of the board, or assisting law enforcement officer, acting in an official capacity to enforce the laws related to marijuana, including but not limited to:
i. Permitting entry upon and inspection of the licensed premises; and
ii. Providing access to records required by these rules and computers, when requested by the Director of Alcoholic Beverage Control Administration, or the Director of Alcoholic Beverage Control Enforcement, or an enforcement agent, or an assisting law enforcement officer.
4.2 Inspection required prior to operation.
All licensed facilities shall notify the Alcoholic Beverage Control Division of their intent to commence operations. The Division shall conduct or request Enforcement to conduct a thorough inspection of the premises for the following:
a. Verify possession and accuracy of detailed plans and elevation drawings required by rules 6.2 and 7.2;
b. Verify connection and accessibility to the Inventory Tracking System;
c. Verification of operational alarm and video surveillance systems;
d. Verification of secure locks throughout the facility;
e. Verification of controls to limited access areas;
f. Verification of compliance with perimeter restrictions;
g. Any existing personnel records as required by rule 21.4; and
h. Review of initial inventory required by rule 12.1 and verify for accuracy.
4.3 Biannual Inspections Required.
The Division or Enforcement shall conduct, at minimum, one (1) inspection every six (6) months, of all licensed facilities. The biannual inspections shall include, without limitations:
a. Verify possession and accuracy of detailed plans and elevation drawings required by rules 6.2 and 7.2;
b. Verify connection and accessibility to the Inventory Tracking System;
c. Verification of operational alarm and video surveillance systems;
d. Verification of secure locks throughout the facility;
e. Verification of controls to limited access areas;
f. Verification of compliance with perimeter restrictions;
g. Verification of current, complete, and accurate personnel records; and
h. Review biannual inventory reports required by rule 12.1 and verify for accuracy.
4.4 Closure of Business
a. The Division may issue an order providing for the manner and condition under which usable marijuana may be transferred or sold to another licensed facility or must otherwise be disposed of under the following circumstances:
i. Revocation of a license;
ii. Surrender of a license; or
iii. Expiration of a license.

Credits

Adopted July 29, 2017. Amended July 16, 2020; May 30, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.7-4, AR ADC 006.02.7-4
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