As used in this part:

1. (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 Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98, and any rules promulgated under the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;
2. (2) "Activation time" means the amount of time it is likely to take for an individual to begin to feel the effects of ingesting or inhaling a marijuana item;
3. (3) “Amendment” means the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;

4. (4) “Approved laboratory” means a laboratory that:

   1. (A) Is accredited by the National Institute on Drug Abuse, the National Environmental Laboratory Accreditation Conference (NELAC), the International Organization for Standardization, or similar accrediting entity as determined by the Department of Health; and
   2. (B) Has been approved by the Department of Health specifically for the testing of usable marijuana;
5. (5) “Assist” or “assisting” means helping a qualifying patient make medical use of marijuana by enabling the medical use by any means authorized under the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;

6. (6) “Batch” means:

   1. (A) With regard to usable marijuana, a homogenous, identified quantity of usable marijuana, no greater than ten pounds (10 lbs.), that is harvested during a specified time period from a specified cultivation area; and

   2. (B) With regard to oils, vapors, and waxes derived from usable marijuana, an identified quantity that is:

      1. (i) Uniform;

      2. (ii) Intended to meet specifications for:

         1. (a) (a) Identity;
         2. (b) (b) Strength; and
      3. (c) (c) Composition; and
      4. (iii) Manufactured, packaged, and labeled during a specified time period, according to a single manufacturing, packaging, and labeling protocol;
7. (7) “Cardholder” means a qualifying patient or a designated caregiver;
8. (8) "CBD" means cannabidiol, Chemical Abstracts Service Number 13956-29-1;
9. (9) "CBDA" means cannabidiolic acid, Chemical Abstracts Service Number 1244-58-2;
10. (10) “Commission” means the Medical Marijuana Commission;

11. (11) “Cultivation facility” means an entity that:

    1. (A) Has been licensed by the Medical Marijuana Commission; and
    2. (B) Cultivates, prepares, manufactures, processes, packages, sells to, and delivers usable marijuana to a dispensary;

12. (12)

    1. (A) “Designated caregiver” means 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 a 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 Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98, and this part.

    2. (B) “Designated caregiver” includes, without limitation, a parent:

       1. (i) Of a qualifying patient who is under the age of eighteen (18); and
       2. (ii) Required to register as a designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;
13. (13) “Dispensary” means an entity that has been licensed by the Medical Marijuana Commission pursuant to the requirements of the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;
14. (14) “Division” means the Alcoholic Beverage Control Division;

15. (15) “Excluded felony offense” means:

    1. (A)

       1. (i) A felony offense as determined by the jurisdiction where the felony offense occurred.
       2. (ii) The Department of Health shall determine whether an offense is a felony offense based upon a review of the relevant court records concerning the conviction for the offense.
       3. (iii) 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

    2. (B) A violation of a state or federal controlled-substance law that was classified as a felony in the jurisdiction where the person was convicted, but not including:

       1. (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
       2. (ii) An offense that has been sealed by a court or for which a pardon has been granted;

16. (16) "Harvest lot" means a specifically identified quantity of marijuana that is:

    1. (A) Uniform in strain;
    2. (B) Cultivated utilizing the same growing practices;
    3. (C) Harvested at the same time at the same location; and
    4. (D) Cured under uniform conditions;

17. (17) “Lot” means:

    1. (A) An identified portion of a batch that is:

       1. (i) Uniform; and

       2. (ii) Intended to meet specifications for:

          1. (a) (a) Identity;
          2. (b) (b) Strength; and
       3. (c) (c) Composition; or

    2. (B) 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:

       1. (i) Uniform; and

       2. (ii) Intended to meet specifications for:

          1. (a) (a) Identity;
          2. (b) (b) Strength; and
       3. (c) (c) Composition;
18. (18) “Medical use” means the acquisition, possession, use, delivery, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a qualifying patient’s qualifying medical condition or symptoms associated with the qualifying patient’s qualifying medical condition;
19. (19) “Physician” means a doctor of medicine or a doctor of osteopathic medicine who holds a valid, unrestricted, and existing license to practice in the State of Arkansas and has been issued a current and active registration from the Drug Enforcement Administration to prescribe controlled substances;
20. (20) "Principal display panel" means the part of a label on a package or container that is most likely to be displayed, presented, shown, or seen under customary conditions of display for sale or transfer;
21. (21) "Process lot" means any amount of cannabinoid concentrate or extract of the same type and processed at the same time using the same extraction methods, standard operating procedures, and from the same batch of harvested marijuana;

22. (22) "Proper identification" means a motor vehicle operator's license or other official state-issued identification of the purchaser that:

    1. (A) Contains a photograph of the purchaser; and
    2. (B) Includes the residential or mailing address of the purchaser, other than a post office box number;

23. (23) “Qualifying medical condition” means one (1) or more of the following:

    1. (A) Cancer, glaucoma, positive status for human immunodeficiency virus/acquired immunodeficiency syndrome, Hepatitis C, amyotrophic lateral sclerosis, Tourette syndrome, Crohn’s disease, ulcerative colitis, post-traumatic stress disorder, severe arthritis, fibromyalgia, Alzheimer’s disease, or the treatment of these conditions;

    2. (B) A chronic or debilitating disease or medical condition or its treatment that produces one (1) or more of the following:

       1. (i) Cachexia or wasting syndrome;
       2. (ii) Peripheral neuropathy;
       3. (iii) Intractable pain, which is pain that has not responded to ordinary medications, treatment, or surgical measures for more than six (6) months;
       4. (iv) Severe nausea;
       5. (v) Seizures, including without limitation those characteristic of epilepsy; or
       6. (vi) Severe and persistent muscle spasms, including without limitation those characteristic of multiple sclerosis; and
    3. (C) Any other medical condition or its treatment approved by the Department of Health pursuant to this part and the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;
24. (24) “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 of Health in accordance with this part and the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;
25. (25) “Registry identification card” means a document issued by the Department of Health that identifies a person as a qualifying patient or a designated caregiver;
26. (26) "Relative percentage difference" or "RPD" means the comparison of two (2) quantities while taking into account the size of what is being compared as calculated under Appendix A, § 1(A);
27. (27) "Relative standard deviation" or "RSD" means the standard deviation expressed as a percentage of the mean recovery as calculated under Appendix A, § 1(A);
28. (28) “Sealed” means expunge, remove, sequester, and treat as confidential the record or records of a felony offense;
29. (29) “Segregate” means to separate and withhold from use or sale batches, lots, or usable marijuana in order to first determine its suitability for use through testing by an approved laboratory;
30. (30) “Testing” means the process and procedures provided by an approved laboratory for testing of usable marijuana, consistent with the provisions of this part;
31. (31) “Tetrahydrocannabinol (THC)” is a cannabinoid that is the primary psychoactive ingredient in usable marijuana;
32. (32) "THCA" means tetrahydrocannabinolic acid, Chemical Abstracts Service Number 23978-85-0;
33. (33) "TNI" means The NELAC (National Environmental Laboratory Accreditation Conference) Institute, a voluntary organization of state and federal environmental officials and interest groups purposed primarily to establish consensus standards for accrediting environmental laboratories;

34. (34) "TNI EL Standards" means the adopted 2009 TNI Environmental Lab Standards (© 2009 The NELAC Institute standards adopted by NELAC), which describe the elements of laboratory accreditation:

    1. (A) Developed and established by the consensus principles of TNI; and
    2. (B) That meet the approval requirements of TNI procedures and policies;
35. (35) "Universal symbol" means the image, established by the Department of Health and made available to licensees and registrants, indicating the container contains marijuana;

36. (36)

    1. (A) “Usable marijuana” means:

       1. (i) The stalks, seeds, roots, dried leaves, flowers, oils, vapors, waxes, and other portions of the marijuana plant; and
       2. (ii) Any mixture or preparation thereof.
    2. (B) “Usable marijuana” does not include the weight of any ingredients other than marijuana that are combined with marijuana and prepared for consumption as food or drink;

37. (37) “Visiting qualifying patient” means a patient with a qualifying medical condition who:

    1. (A) Is not a resident of Arkansas or who has been a resident of Arkansas for less than thirty (30) days; and

    2. (B) Is in actual possession of a registry identification card or its equivalent that:

       1. (i) Is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States; and
       2. (ii) Pertains to a qualifying medical condition under the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98; and

38. (38)

    1. (A) "Written certification" means a document signed by a physician stating that in the physician's professional opinion, after having completed an assessment of the qualifying patient's medical history and current medical condition made in the course of a physician-patient relationship, the qualifying patient has a qualifying medical condition.
    2. (B) A written certification shall specify the qualifying patient's qualifying medical condition, which also shall be noted in the physician's records.
    3. (C) A physician shall not issue a written certificate to a patient based on an assessment performed through telemedicine.
    4. (D) A written certification is not a medical prescription.