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006.02.7-10. Operational Requirements for Dispensaries

AR ADC 006.02.7-10Arkansas Administrative CodeEffective: July 16, 2020

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: July 16, 2020
Ark. Admin. Code 006.02.7-10
Formerly cited as AR ADC 006.02.7-9
006.02.7-10. Operational Requirements for Dispensaries
10.1 Hours of Operation
a. A dispensary may only operate between the hours of 7:00 a.m. and 10:00 p.m.
b. A dispensary may transport, or contract with a third party transporter licensed by the Division, medical marijuana to another dispensary, cultivation facility, approved laboratory, or processing facility between the hours of 7:00 a.m. and 9:00 p.m.
c. A dispensary may deliver medical marijuana to a qualified patient or designated caregiver between the hours of 9:00 a.m. and 7:00 p.m.
10.2 Registry Identification Card Required
Any employee, supervisor, or agent employed by a dispensary must have a current Registry Identification Card issued by the Alcoholic Beverage Control Division on their person at all times while present at the dispensary.
10.3 Qualified Patient/Designated Caregiver Areas
Dispensaries shall identify and clearly define areas where medical marijuana will be dispensed to qualified patients and designated caregivers.
10.4 Access to the Dispensary
a. Only the following individuals shall be allowed to access a dispensary:
i. Individuals in possession of a current registry identification card issued by the Department or the Division,
1. An individual in possession of a current registry identification card issued by the Department or Division in need of physical assistance may bring one guest, over the age of 18, into a waiting area inside a dispensary.
2. A parent with a registry identification card may bring his or her child or children into a dispensary for the purpose of purchasing usable marijuana.
3. A parent without a registry identification card may accompany his or her child, that is under the age of 18 into a dispensary if that child has a registry identification card, for the purpose of purchasing usable marijuana for the child.
ii. Individuals authorized by law and these rules to be on the premises;
iii. Contractors
1. If it is necessary for a contractor to enter a dispensary to conduct repairs, maintenance or other specific duties on the property, the contractor may be escorted to their work site and left unaccompanied while completing a job. If left unattended, dispensary personnel shall ensure the contractor and area under repair are under video surveillance for the duration of the contractor's time spent on the premises.
2. If it is necessary for a contractor to enter a cultivation facility's limited access area the contractor shall be escorted to their work site and must remain in the company of a dispensary's agent while the work is being completed. The contractor may be left unattended, in the limited access area, if there is no marijuana or marijuana products being stored in the area while the contractor is present. If left unattended, the dispensary agent shall ensure the contractor and area are under video surveillance for the duration of the contractor's time spent on the premises.
3. If a contractor is required on the premises for more than two (2) consecutive days, the dispensary facility shall notify the division of the contractor's identity and purpose for being on the premises.
b. Dispensaries may maintain an educational facility accessible to the general public as set forth in their compassionate care plan as follows:
i. The educational facility shall not be accessible from inside the dispensary
ii. If the educational facility is attached to the dispensary if must maintain a separate exterior door and there shall be no door from inside the facility which accesses any portion of the dispensary.
iii. The educational facility may be a separate structure from the dispensary and contained upon the dispensary's property.
iv. Any educational facility maintained or operated by the dispensary shall adhere to the rules set forth in Section 19 herein.
10.5 Limited Access Areas
a. Dispensaries shall limit access to areas where marijuana is grown, harvested, processed, or stored to authorized personnel.
i. Signage
1. Limited Access areas shall be clearly marked.
2. Any doorways separating qualified patient/designated caregiver areas and limited access areas shall be posted and equipped with controls to restrict entry.
ii. Controlled Access
1. Limited Access areas shall be locked and accessible only by authorized personnel, individuals authorized by law, member of the Division or Enforcement, and laboratory personnel licensed by the Department to conduct required testing.
2. Dispensaries shall keep current rosters of personnel authorized to enter limited access areas.
3. Contractors may access limited access areas subject to the provisions in 10.4(a)(iii).
10.6 General Sanitation Requirements for Dispensaries Facilities
a. Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with Medical Marijuana shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected.
b. Dispensaries shall maintain hand-washing areas that are adequate and convenient to agents. Hand washing or sanitizing areas shall include running water at a suitable temperature and a sanitary towel service or suitable drying device.
c. Licensees shall ensure any person working in direct contact with Medical Marijuana shall:
i. Maintain adequate personal cleanliness;
ii. Wash hands and exposed portions of his or her arms thoroughly in an adequate hand-washing area before starting work and at any other time when the hands may have become soiled or contaminated, including but not limited to:
1. Any time after handling possibly soiled equipment or utensils
2. After leaving the initial room in which he or she was working, and before resuming work in any room.
d. Litter and waste shall be properly removed, and waste disposal systems shall be maintained so that they do not constitute a source of contamination in areas where medical marijuana is exposed.
e. Dispensaries shall provide adequate screening against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant or breeding place for pests.
f. Toxic cleaning compounds, sanitizing agents, solvents used in the production of medical marijuana concentrates, and pesticide chemicals shall be identified, held and stored in a manner that protects against contamination of medical marijuana, and in a manner that is in accordance with any applicable local, state or federal law, rule, regulation, or ordinance.
10.7. Material Safety Data Sheet Required.
All dispensaries shall maintain a material safety data sheet for any toxic cleaning compounds, sanitizing agents, solvents used in the production of medical marijuana concentrates and extracts, pesticide chemicals, and any other agricultural chemical used or stored on the premises. A copy of the Material Safety Data Sheet shall be kept in any area of the facility where the products are used or stored. Material Safety Data Sheets shall be kept for the period of time required by any applicable state or federal rules or laws. If a state or federal law does not apply to a particular material, the material data sheet shall be kept for a minimum of three (3) years.

Credits

Adopted July 29, 2017. Amended July 16, 2020.
Current with amendments received through December 15, 2023. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.7-10, AR ADC 006.02.7-10
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