AR ADC 006.02.7-13Arkansas 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
a. All cultivation facilities and any dispensary cultivating medical marijuana shall establish and maintain a written Operations Plan for the production of marijuana in the facility. The plan shall include:
i. Standard operating procedures for the cultivation of marijuana in each production area of the facility; and
ii. Information regarding chemicals and pesticides applied during the production process, including but not limited to, when and the manner in which they are applied.
13.2 Limitation on Plants in a Dispensary
a. A dispensary may grow or possess:
i. Fifty (50) mature marijuana plants at anyone (1) time; and
ii. Immature plants, clones, and other precursor genetics; and
iii. All usable marijuana derived from the plants under section i. of this section or predecessor plants.
b. A dispensary may contract with a cultivation facility to cultivate one (1) or more mature marijuana plants the dispensary is permitted to grow.
13.3 Limitation on Harvests in a Dispensary
a. No more than fifty (50) mature marijuana plants shall be harvested for usable marijuana per month.
b. Dispensaries storing usable marijuana harvested from mature plants must be stored pursuant to the requirements of Rule 7.3.
13.4 Limitation on Plants in a Cultivation Facility
a. A cultivation facility may grow and possess usable marijuana in an amount reasonably necessary to meet the demand for and needs of qualifying patients as determined by the Commission with the assistance of the Department of Health.
b. A cultivation facility may also possess marijuana seeds.
13.5 Production Areas
a. The size and canopy of production areas shall be maintained in accordance with the plans provided to the Commission in the application for cultivation facility or dispensary licenses.
b. Each production area shall be maintained to allow for adequate observation and inventory.
c. Hygiene and sanitation requirements in rule 9.5 and rule 10.6 shall be observed at all times in production areas.
13.6 Pesticides and Chemicals
a. All pesticides and chemicals shall only be applied to medical marijuana pursuant to the Operations Plan.
b. All facilities cultivating medical marijuana shall maintain the following:
i. The material safety data sheet required of all cultivation facilities and dispensaries; and
ii. The original label or a copy thereof for all pesticides and other agricultural chemicals used during cultivation.
c. All facilities cultivating medical marijuana and applying any pesticide or agricultural chemical during any stage of cultivation of medical marijuana shall document and maintain a record of the following:
i. The date and time of application;
ii. The name of the individual(s) who applied the pesticide or chemical;
iii. The batch number(s) of all plants receiving the application;
iv. The name of the product applied;
v. The EPA registration number of the pesticide or chemical; and
vi. The amount of product applied.
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.
