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006.02.7-7. Construction Specifications and Security Requirements for Dispensaries

AR ADC 006.02.7-7Arkansas 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 006.02.7-7
006.02.7-7. Construction Specifications and Security Requirements for Dispensaries
7.1 Duty to Operate a Secure Premises
a. All dispensaries shall implement appropriate security measures to deter and prevent the theft and diversion of marijuana.
b. A licensee is responsible for the security of all marijuana items on the licensed premises or in transit from the facility when self-transporting.
c. Dispensaries shall comply with all applicable security requirements set forth in these rules.
7.2 Construction of Premises
a. Enclosed and Secure Facility
i. Dispensaries shall be enclosed on all sides by permanent walls and doors.
b. All cultivation of medical marijuana by a dispensary shall take place within a building, greenhouse or other structure connected to the dispensary that:
i. Has a complete roof enclosure supported by connecting walls, constructed of solid materials, extending from the ground to the roof;
ii. Is secure against unauthorized entry;
iii. Has a foundation, slab, or equivalent base to which the floor is securely attached;
iv. Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of:
1. Common visual observation;
2. Odors, smell, fragrances, or other olfactory stimulus;
3. Light pollution, glare, or brightness;
4. Adequate ventilation to prevent mold; and
5. Noise;
v. Provides complete visual screening, and
vi. Is accessible only through one (1) or more lockable doors.
c. Commercial grade, non-residential door locks shall be installed on every external door, and gate if applicable. All external locks shall be equipped with biometric access controls with two factor authentication and the two-factor authentication must be in use at all times. Only authorized personnel shall have access to locked and secured areas. Facilities shall maintain detailed records of employees with access to locked and secured areas. Records shall be made available to the Division upon request.
d. All dispensaries shall maintain detailed plans and elevation drawings of all operational areas involved with the dispensing and production of medical marijuana. The plan shall identify the following:
i. All entrances and exits to the facility;
ii. All windows, skylights, and retractable mechanisms built into the roof;
iii. All designated areas for qualified patients and designated care givers;
iv. All limited access areas;
v. All storage areas, ventilation systems, and equipment used for production, processing, and manufacturing;
vi. The location of all required security cameras;
vii. The location of all alarm inputs, detectors, and sirens;
viii. All video and alarm system surveillance areas;
ix. All production, processing, and manufacturing areas shall be labeled according to the specific activity occurring within the area;
x. All restricted and limited access areas shall be identified; and
xi. All areas shall be labeled according to their purpose.
e. Floor plans and elevation drawings shall be kept current and on the premises of the dispensary. Plans and elevation drawings shall be made available to the Division upon request.
f. Floors, walls, and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and in good repair.
g. Dispensaries shall have adequate lighting in all areas where Medical Marijuana is stored and where equipment and utensils are cleaned.
h. Plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water to required locations throughout the facility and to properly convey sewage and liquid disposable waste from the facility. There shall be no cross-connections between the potable and waste water lines.
i. All facilities shall be constructed to meet the standards of any applicable state and local electrical, fire, plumbing, and building specification codes.
7.3 Storage Area Requirements
a. Any dispensary storing usable marijuana harvested from mature plants pursuant to rule 13.3, marijuana stored for retail, or marijuana products for retail shall comply with the storage area requirements in 6.3.
b. Dispensaries may keep usable marijuana in locked display case during business hours for patients to inspect. All usable marijuana shall be stored in accordance with Rule 7.3(a) after operating hours.
7.4 Alarm System
a. All dispensaries shall be equipped with an alarm system which, upon attempted unauthorized entry, shall transmit a signal directly to a central protection company or a local or State police agency which has a legal duty to respond. A designated agent of the dispensary shall also receive notification of any such signal.
b. Alarm systems shall provide coverage for all points of ingress and egress to the facility, including, but not limited to, doorways, windows, loading bays, skylights, and retractable roof mechanisms.
c. Alarm systems shall provide coverage of any room with an exterior wall, any room containing a safe, and any room used to grow or store medical marijuana.
d. Alarm systems shall be equipped with a “panic device” that upon activation will not only sound any audible alarm components but will also notify law enforcement.
e. Alarm systems shall have “duress” and “hold up” features to enable an agent to activate a silent alarm notifying law enforcement of an emergency.
f. Alarms system must be equipped with failure notification systems to notify dispensaries and law enforcement of any failure in the alarm system and such systems shall be in use at all times.
g. Alarm systems shall have the ability to remain operational during a power outage and shall remain operational regardless of the length of the power outage.
7.5 Video Surveillance System
a. All dispensaries shall be equipped with video surveillance systems consisting of the following:
i. Digital video cameras with a minimum resolution of 10 frames per second;
ii. 24 hour per day, 7 day per week continuous recording;
iii. The ability to remain operational during a power outage;
iv. Digital archiving capabilities and shall maintain digital archiving for ninety (90) days;
v. On-site and off-site monitoring; and
vi. All facilities must maintain at least one on-site display monitor connected to the surveillance system at all times. The monitor shall have a screen size of at least 12 inches.
b. All dispensaries shall maintain camera coverage of the following areas:
i. All points of ingress and egress to the facility, including, but not limited to, doorways, windows, loading bays, skylights, and retractable roof mechanisms;
ii. Any room with an exterior wall, except restrooms, any room containing a safe, and any room or area used to grow, process, manufacture, or store medical marijuana;
iii. All areas in which any part of the disposal process of marijuana occurs;
iv. All point of sale areas.
v. All areas for qualified patients and designated caregivers, except restrooms; and
vi. All parking areas and any alley areas immediately adjacent to the building.
c. All recording devices shall display a date and time stamp on all recorded video.
d. All recording devices shall have the capability to produce a still image from the video recording, and each facility shall maintain, on site, a video printer capable of immediately producing a clear still image from any video camera image.
e. Access to on-site surveillance system controls and monitoring shall be limited to authorized personnel. Dispensaries shall identify individuals with access to surveillance system controls and monitoring upon request by the Division.
f. All surveillance recordings shall be maintained for a minimum of 90 days.
7.6 Perimeter Requirements
a. The perimeter of all dispensaries shall be maintained in such a way to discourage theft and diversion of marijuana. All dispensaries shall maintain the following:
i. Adequate lighting to facilitate surveillance; and
ii. Foliage and landscaping that does not allow for a person or persons to conceal themselves from sight.
b. All stages of medical marijuana production and the disposal of unusable medical marijuana on the premises of a dispensary shall not be visible or accessible to the public from outside the premises of the facility.
c. The dispensary shall ensure any odors, which may arise from any stage of marijuana production or the disposal of marijuana, are not detectable by the public from outside the dispensary.

Credits

Adopted July 29, 2017. Amended July 16, 2020; May 30, 2022.
Current with amendments received through December 15, 2023. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.7-7, AR ADC 006.02.7-7
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