1. (a) Seed/propagule acquisition from a source within Arkansas.

   1. (1) No Department of Agriculture preapproval shall be required for a transfer of hemp seed or propagules of any variety listed on the department’s published Summary of Varieties List, excluding prohibited varieties, between Arkansas licensed growers and/or licensed processors/handlers within Arkansas.
   2. (2) A licensed grower or licensed processor/handler shall not buy, sell, possess, or transfer hemp seeds or propagules to or from any person in Arkansas without first verifying that the person is licensed as required by this part.
   3. (3) Upon request from a representative of the department, a licensed grower or licensed processor/handler shall provide a distribution list showing locations where and to whom hemp seeds or propagules were distributed.

2. (b) Seed/propagule acquisition from a source in a United States territory, tribal land, or state other than Arkansas.

   1. (1) No person shall acquire seeds or propagules from a source in a United States territory, tribal land, or state other than Arkansas without first:

      1. (A) Submitting a complete Domestic Seed/Propagule Request form and all required attachments; and
      2. (B) Obtaining written approval of the Domestic Seed/Propagule Request from a representative of the department.
   2. (2) A Domestic Seed/Propagule Request shall not be approved unless the licensed grower or processor/handler affirms in writing that the requested seed acquisition plan will not infringe on the intellectual property rights of any person.
   3. (3) A person submitting a Domestic Seed/Propagule Request form shall submit to the department THC test results showing that floral material sampled from mature plants that produced the seed or propagule variety has a total delta-9-THC content of not more than three-tenths of one percent (0.3%) percent on a dry weight basis from an independent third-party laboratory.
   4. (4) A person acquiring seeds or propagules from a source outside Arkansas shall arrange for the seeds or propagules to arrive at the department’s facility at 1 Natural Resources Drive, Little Rock, Arkansas 72205, or at a location designated by the department, for inventory and distribution.
   5. (5) Upon request from a representative of the department, a licensed grower or processor/handler shall provide a distribution list showing locations where and to whom the hemp seeds were distributed following inventory at the department facility.

3. (c) Seed/propagule acquisition from a source outside the United States.

   1. (1)

      1. (A) A person seeking to obtain seeds/propagules from an international source shall submit a complete International Seed Request form to the department.
      2. (B) If approved, the department shall request the Drug Enforcement Administration Permit to Import under the department’s Drug Enforcement Administration registration, if required.
      3. (C) No person shall acquire seeds/propagules from a source outside the United States unless the department first obtains a Permit to Import from the Drug Enforcement Administration, if required.

   2. (2) No person shall acquire propagules or seeds from outside the United States unless:

      1. (A) All federal and state requirements have been met; and
      2. (B) The acquisition is approved by the department.

   3. (3)

      1. (A) The department shall not approve an International Seed Request form for any purpose other than seeds for planting in Arkansas.
      2. (B) All licensed growers intending to plant the requested seed must be listed on the request form.
   4. (4) The department shall not approve an International Seed Request form unless the licensed grower or processor affirms in writing that the planned activities will not infringe on the intellectual property rights of any person.
   5. (5) A person submitting an International Seed Request form shall submit to the department documentation showing that mature plants that produced the seed variety have a floral material total THC content of not more than three-tenths of one percent (0.3%) on a dry weight basis.
   6. (6) A person acquiring seeds or propagules from a source outside the United States shall arrange for the seeds/propagules to arrive at the department’s facility at 1 Natural Resources Drive, Little Rock, Arkansas 72205, or at a location designated by the department, for inventory and distribution.
   7. (7) Upon request from a representative of the department, a licensed grower or processor/handler shall provide a distribution list showing locations where and to whom the imported hemp seeds were distributed following inventory at the department’s designated facility.

4. (d) Seed/propagules of wild, landrace, or unknown origin.

   1. (1) No person shall acquire or grow hemp or cannabis seeds or propagules of wild, landrace, or unknown origin without first obtaining written approval from a representative of the department.
   2. (2) Hemp or cannabis seeds or propagules of wild, landrace, or unknown origin shall not be permitted to be planted, cultivated, or replicated by any person without the department first arranging for replication and THC testing of mature plants grown from such seeds or propagules by the department or its designee.
   3. (3) Any licensed grower or licensed processor found to have saved seed, propagules, or cuttings, or cultivated seeds, propagules, or cuttings from a cannabis plant of wild, landrace, or unknown origin, without permission from the department may be subject to suspension or revocation of their license and forfeiture without compensation of their materials.

Codification Notes: The Arkansas Industrial Hemp Act, Arkansas Code § 2-15-401 et seq., was repealed by Acts 2021, No. 565, § 1. "THC" means tetrahydrocannabinol.