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006.02.7-3. Definitions

AR ADC 006.02.7-3Arkansas Administrative Code

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
Ark. Admin. Code 006.02.7-3
006.02.7-3. Definitions
3.1 “Acquire” or “Acquisition” means coming to possess marijuana by means of any legal source herein authorized, not from an unauthorized source, and in accordance with the Amendment and any rules promulgated under the Amendment.
3.2 “Amendment” means the Arkansas Medical Marijuana Amendment of 2016.
3.3 “Approved Laboratory” means a laboratory that is accredited by the National Institute on Drug Abuse (NIDA), the National Environmental Laboratory Accreditation Conference (NELAC), and the International Organization for Standardization (ISO) or similar accrediting entity as determined by the Department, and that has been approved by the Department specifically for the testing of usable marijuana.
3.4 “Authorized Personnel” means any employee employed by a licensed facility and granted permission by the facility to enter into restricted areas.
3.5 “Batch” means, with regard to usable marijuana, a homogenous, identified quantity of usable marijuana, no greater than ten (10 pounds, that is harvested during a specified time period from a specified cultivation area, and with regard to oils, vapors, and waxes derived from usable marijuana, means an identified quantity that is uniform, that is intended to meet specifications for identity, strength, and composition, and that is manufactured, packaged and labeled during a specified time period according to a single manufacturing, packaging and labeling protocol.
3.6 “Biannual” means every six (6) months.
3.7 “Cannabinoid” means any of the chemical compounds that are the active constituents of marijuana.
3.8 “Cannabinoid concentrate” means a substance obtained by separating cannabinoids from marijuana by:
a. A mechanical extraction process;
b. A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; or
c. A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, provided that the process does not involve the use of pressure or heat over 180 degrees.
3.9 “Cannabinoid edible” means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract, or dried marijuana leaves or flowers have been incorporated.
3.10 “Cannabinoid extract” means a substance obtained by separating cannabinoids from marijuana by:
a. A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane, or propane;
b. A chemical extraction process using the hydrocarbon-based solvent, carbon dioxide, if the process uses high heat or pressure; or
c. Any other processes identified by the Division.
3.11 “Cardholder” means a qualifying patient, a dispensary agent, a cultivation facility agent, transporter agent, processor facility agent, or a designated caregiver;
3.12 “Commercially available” means any candy, food, gum or beverage that is produced or sold by a third party.
3.13 “Commission” means the Medical Marijuana Commission.
3.14 “Contractor” means any person or business under contract to complete repairs or improvements or to provide services to the licensed facility.
3.15 “Cultivation facility” means an entity that:
a. Has been licensed by the Medical Marijuana Commission; and
b. Cultivates, prepares, manufactures, processes, packages, sells to and delivers usable marijuana to a dispensary.
3.16 “Cultivation Facility Agent” means an employee, supervisor, or agent of a cultivation facility who:
a. Is twenty-one (21) years of age or older;
b. Works at the cultivation facility; and
c. Has registered with the Alcoholic Beverage Control Administrative Division.
3.17 “Department” means the Arkansas Department of Health.
3.18 “Deliver” means to move medical marijuana product between a licensed dispensary and a qualified patient or designated caregiver.
3.19 “Designated caregiver” means:
a. A person who is at least twenty-one (21) years of age, has not been convicted of an excluded felony offense, has agreed to assist physically disabled qualifying patient with the medical use of marijuana, and who has registered with the Department of Health pursuant to the requirements of the Amendment and these Rules.
b. Designated caregiver includes, without limitation, a parent:
i. Of a qualifying patient who is under the age of eighteen (18); and
ii. Required to register as a designated caregiver under the Amendment.
3.20 “Dispensary” means an entity that has been licensed by the Medical Marijuana Commission pursuant to the requirements of the Amendment.
3.21 “Dispensary agent” means:
a. An employee, supervisor, volunteer, or agent of a dispensary who:
i. Is twenty-one (21) years of age or older;
ii. Works at the dispensary; and
iii. Has registered with the Alcoholic Beverage Control Division.
b. An owner, officer, or board member of a dispensary who has registered with the Division pursuant to the requirements of the Amendment.
3.22 “Division” means the Arkansas Alcoholic Beverage Control Administrative Division.
3.23 “Enclosed, locked facility” means a room, greenhouse, or other enclosed area equipped with locks or other security devices that permit access only by an authorized individual;
3.24 “Enforcement” means the Alcoholic Beverage Control Enforcement Division
3.25 “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 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.
3.26 “Flowering” means the reproductive state of Cannabis in which the plant is in a light cycle intended to stimulate the production of flowers, trichome, and cannabinoids characteristic of marijuana.
3.27 “Harvest Lot” means a specifically identified quantity of marijuana that is uniform in strain, cultivated using the same growing practices, harvested at the same time at the same location and cured under uniform conditions.
3.28 “Immature Marijuana Plant” means a seedling or nonflowering marijuana plant.
3.29 “Inventory Tracking System” means the required seed to sale tracking system that tracks medical marijuana from either seed or immature plant state until the usable marijuana is sold to a qualified patient or designated caregiver or is destroyed.
3.30 “Licensed Facility” means either a cultivation facility, processor, transporter, or dispensary licensed by the Commission.
3.31 “Lot” means an identified portion of a batch, that is uniform and that is intended to meet specifications for identity, strength, and composition; or in the case of a vapor, oil, or wax derived from usable marijuana, an identified quantity produced in a specified period of time in a manner that is uniform and that is intended to meet specifications for identity, strength, and composition.
3.32 “Manufacturing and Processing”:
a. Means the manufacturing, processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates, or cannabinoid extracts.
b. Does not mean the drying of marijuana.
3.33 “Marijuana” or “Medical Marijuana” means marijuana in any form described in the Amendment or rules promulgated by the Division, Department, or the Commission.
3.34 “Mature Marijuana Plant” means a marijuana plant that is flowering.
3.35 “Medical Marijuana Container” means a sealed, traceable, food compliant, child-proof packaging that cannot be opened by a child, or that prevents ready access to toxic or harmful amounts of the packaged product, and that meets the testing requirements in accordance with the method described in 16 C.F.R. § 1700.20, as existing on January 1, 2017.
3.36 “Process Lot” means
a. Any amount of cannabinoid concentrates or extract of the same type and processed at the same time using the same extraction methods, standard operating procedures, and batches for the harvest lot; or
b. Any amount of cannabinoid products of the same type and processed at the same time using the same ingredients, standard operating procedures and batches from the same harvest lot or process lots of cannabinoid concentrate or extract.
3.37 “Processor” means an entity that:
a. Has been licensed by the Medical Marijuana Commission; and
b. May acquire, possess, manufacture, process, prepare, deliver, transport, and supply marijuana to a dispensary or cultivation facility.
3.38 “Processor Agent” means an employee, supervisor, or agent of a processor who:
a. Is twenty-one (21) years of age or older;
b. Works at the processor; and'
c. Has registered with the Alcoholic Beverage Control Division
3.39 “Production Area” means any area in a cultivation facility or dispensary used for the growing of medical marijuana plants.
3.40 “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 its Rules and the Amendment.
3.41 “Qualifying patient” means a person who has been diagnosed by a physician as having a qualifying medical condition and who has registered with the Department in accordance with these Rules and the Amendment.
3.42 “Registry identification card” means a document issued by the Department that identifies a person as a qualifying patient or a designated caregiver or a document issued by the Division that identifies a person as an agent of a cultivation facility, dispensary, processor, or transporter.
3.43 “Sealed” means expunge, remove, sequester, and treat as confidential the record or records of a felony offense;
3.44 “Shipping Container” means a sealable, tamper-evident container used for the transport of medical marijuana between licensed facilities.
3.45 “Testing” means the process and procedures provided by an approved laboratory for testing of usable marijuana, consistent with provisions of this rule.
3.46 “Transport” means to move medical marijuana between licensed facilities or between a licensed facility and approved laboratory.
3.47 “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 includes cannabinoid edibles, cannabinoid concentrates, and cannabinoid extracts. 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.
3.48 “Unique Identification Number” (“UIN”) means a unique number generated by the Inventory Tracking System and assigned to all usable marijuana for the purpose of tracking the marijuana from its seed form to ultimate sale to a qualified patient/designated caregiver or destruction.
3.49 “Visiting qualifying patient” means a patient with a qualifying medical condition who is not a resident of Arkansas or who has been a resident of Arkansas for less than thirty (30) days and who is in actual possession of a registry identification card or its equivalent that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States and has registered with the Department.

Credits

Adopted July 29, 2017. Amended July 16, 2020; May 30, 2022.
Current with amendments received through August 15, 2023. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.7-3, AR ADC 006.02.7-3
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