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006.02.7-18. Transportation and Delivery of Medical Marijuana

AR ADC 006.02.7-18Arkansas 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 006.02.7-18
Formerly cited as AR ADC 006.02.7-16
006.02.7-18. Transportation and Delivery of Medical Marijuana
18.1 Authorized Transportation for Cultivation Facility
A cultivation facility shall only transport or deliver medical marijuana to another licensed cultivation facility, a licensed processor, a licensed transporter, a licensed dispensary, or an approved laboratory.
18.2 Authorized Transportation for Dispensary
A dispensary shall only transport medical marijuana to a licensed cultivation facility, licensed processor, licensed dispensary, or approved laboratory.
18.3 Authorized Transportation for Processor
A processor shall only transport medical marijuana to and from a licensed cultivation facility, another licensed processor, or a licensed dispensary.
18.4 Inventory Manifest Required
a. Prior to the transport of any medical marijuana, a printed inventory manifest shall be generated from the Inventory Tracking System. The manifest shall include the following information:
i. The following information for the cultivation facility, processor, or dispensary originating the transport:
1. License Number; and
2. Name and contact information for licensee.
ii. The following information for the cultivation facility, processor, dispensary, or approved laboratory receiving the medical marijuana:
1. License Number if the destination is a licensed facility or business name if the destination is an approved laboratory;
2. Address of the destination;
3. Name and contact information of the licensee or contact information for the approved laboratory.
iii. Quantities by weight or unit of each type of medical marijuana or medical marijuana product contained in transport, along with the UINs for every item;
iv. The date of transport and approximate time of departure;
v. Arrival date and estimated time of arrival;
vi. Identity of the agents accompanying the transport;
vii. Delivery vehicle make and model and license plate number.
b. A separate manifest shall be prepared for each licensed facility or approved laboratory;
c. The originating facility shall provide the receiving facility with a copy of the inventory manifest;
d. An inventory manifest shall not be altered after departing the originating premises;
e. Receiving cultivation facilities, processors, and dispensaries shall enter the quantities of each marijuana item received, along with the UINs for every item, into the Inventory Tracking System.
f. A cultivation facility, processors, dispensary, or approved laboratory shall refuse to accept any medical marijuana or medical marijuana product that is not accompanied by an inventory manifest.
g. Originating and receiving licensed facilities shall maintain copies of inventory manifests for three (3) years
18.5 Shipping Container Required
All medical marijuana packaged for transport shall be placed inside a shipping container. Each shipping container shall be tagged with a UIN.
18.6 Secured Container Required
a. All medical marijuana in transport shall be shielded from public view and secured in the following manner:
i. In a locked, safe and secure storage compartment that is within the motor vehicle transporting the medical marijuana; or
ii. In a locked storage container that has a separate key or combination pad.
18.7 Vehicle and Personnel Requirements
a. Vehicles used in the transport of medical marijuana shall be:
i. Insured at or above the legal requirements in Arkansas;
ii. Capable of securing medical marijuana during transport;
iii. Equipped with an alarm system; and
iv. Free of any markings that would indicate the vehicle is being used to transport medical marijuana.
b. Individuals transporting medical marijuana shall:
i. Have a valid cultivation facility agent, processor agent, dispensary agent, or transporter agent registry identification card issued by the Division;
ii. Have a valid, government-issued, driver's license; and
iii. Have possession of both the registry identification card and driver's license while operating the motor vehicle used to transport medical marijuana.
c. All transport vehicles shall be staffed with a minimum of two (2) employees when a vehicle contains medical marijuana. At least one (1) employee shall remain with the vehicle at any time that it contains medical marijuana.
18.8 Routes and Additional Security Requirements for Transporting Medical Marijuana
a. Any vehicle transporting medical marijuana shall travel directly from the originating licensed facility to the receiving licensed facility or approved laboratory and shall not make any unnecessary stops in between, except to other licensed facilities or approved laboratories receiving inventory.
b. If a vehicle transporting medical marijuana is involved in any accident or experiences any type of failure causing the vehicle to be stopped any location, other than a licensed facility or approved laboratory, for more than two (2) hours, the originating licensee shall notify the Division immediately.
18.9 Requirements for Delivery to Qualified Patients and Designated Caregivers.
a. A dispensary may deliver usable marijuana to a qualified patient or designated caregiver pursuant to the following:
i. All requirements for dispensaries set forth in RR 17.1(a) shall be completed prior to delivery;
ii. Deliveries may only occur on the date an order is received and processed through the inventory tracking system pursuant to rule 17.1;
iii. Deliveries may only occur between the hours of 9:00 a.m. and 7:00 p.m.;
iv. A delivery manifest shall accompany each delivery or series of deliveries, and agents shall not deviate from the delivery route or make unnecessary stops;
v. All deliveries shall be accompanied by a delivery ticket listing the name of the qualified patient or designated caregiver and describing the products ordered;
vi. At the time of delivery, the dispensary agent shall check the registry identification card of the qualified patient or designated caregiver to verify the person accepting delivery is the same person who placed the order. The qualified patient or designated caregiver who placed the order shall sign the delivery ticket to confirm receipt of the product; and
vii. Medical marijuana may only be delivered to the Arkansas residence listed on the registry identification card for the designated care giver or qualified patient. “Residence” means a dwelling, such as a house, apartment, nursing home, or retirement center. It does not include a dormitory, hotel, motel, bed and breakfast, or other commercial business.
b. Delivery vehicle and personnel requirements
i. Vehicles used for the delivery of medical marijuana shall be:
1. Insured at or above the legal requirements in Arkansas;
2. Capable of securing medical marijuana during transport;
3. Equipped with an alarm system; and
4. Free of any markings that would indicate the vehicle is being used to deliver medical marijuana.
ii. Individuals delivering medical marijuana shall:
1. Have a valid dispensary agent registry identification card issued by the Division;
2. Have a valid Arkansas Driver's License; and
3. Have possession of both the registry identification card and driver's license while operating the motor vehicle used to deliver medical marijuana.
iii. All delivery vehicles shall be staffed with a minimum of two (2) employees when a vehicle contains medical marijuana. At least one (1) employee shall remain with the vehicle at any time that it contains medical marijuana.
c. Secure Container Required.
i. All medical marijuana in transport shall be shielded from public view and secured in the following manner:
1. In a locked, safe and secure storage compartment that is part of the motor vehicle transporting the medical marijuana; or
2. In a locked storage container that has a separate key or combination pad.
d. Emergency Notification Required.
i. If a vehicle delivering medical marijuana is involved in any accident or experiences any type of failure rendering the vehicle immobile or requiring the use of a tow truck, the dispensary agent shall notify the Division immediately.

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 006.02.7-18, AR ADC 006.02.7-18
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