- (1) “Amendment” means the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;
(2) “Applicant” means the natural person in whose name a license would be issued and any entity:
- (A) The natural person represents; or
- (B) On whose behalf the application is being submitted;
- (3) “Commission” means the Medical Marijuana Commission;
(4) “Cultivation facility” means an entity that:
- (A) Has been licensed by the Medical Marijuana Commission;
- (B) Cultivates, prepares, manufactures, processes, packages, sells, and delivers usable marijuana to a dispensary.
- (5) “Department” means the Department of Health;
- (6) “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;
(7) “Excluded felony offense” means:
(A)
- (i) A felony offense as determined by the jurisdiction where the felony offense occurred.
- (ii) The Medical Marijuana Commission, the Department of Health, or the Alcoholic Beverage Control Division shall determine whether an offense is a felony offense based upon a review of the relevant court records concerning the conviction for the offense.
- (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
(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 an offense:
- (i) For which the sentence, including any term of probation, incarceration, or supervised release, was completed ten (10) or more years earlier; or
- (ii) That has been sealed by a court or for which a pardon has been granted;
(8) “Licensed facility” means a licensed:
- (A) Cultivation facility;
- (B) Dispensary;
- (C) Transporter/distributor; or
- (D) Licensed processor;
(9)
(A) “Manufacture and process” means the manufacturing, processing, compounding, or conversion of marijuana into cannabinoid:
- (i) Products;
- (ii) Concentrates; or
- (iii) Extracts.
- (B) “Manufacture and process” does not mean the drying of marijuana;
- (10) “Primary entrance” means the entrance through which most people enter or exit a building;
(11) “Processor” means an entity licensed by the Medical Marijuana Commission pursuant to this part and that may:
- (A) Acquire, possess, manufacture and process, prepare, deliver, transport, and supply marijuana to a dispensary or cultivation facility; and
- (B) Receive compensation for providing services allowed by subdivision (11)(A) of this section;
(12) “Qualifying medical condition” means one (1) or more of the following:
- (A) Cancer, glaucoma, positive status for human immunodeficiency virus/acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Tourette’s syndrome, Crohn’s disease, ulcerative colitis, post-traumatic stress disorder, severe arthritis, fibromyalgia, Alzheimer’s disease, or the treatment of these conditions;
(B) A chronic or debilitating disease or medical condition or its treatment that produces one (1) or more of the following:
- (i) Cachexia or wasting syndrome;
- (ii) Peripheral neuropathy;
- (iii) Intractable pain, which is pain that has not responded to ordinary medications, treatment, or surgical measures for more than six (6) months;
- (iv) Severe nausea;
- (v) Seizures, including without limitation those characteristic of epilepsy; or
- (vi) Severe and persistent muscle spasms, including without limitation those characteristic of multiple sclerosis; and
- (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;
(13) “School” means a facility or building operated by a public school district, open-enrollment public charter school as defined in Arkansas Code § 6-23-103, or a private entity including parochial schools providing preschool, elementary, or secondary education but does not include:
- (A) Postsecondary institutions of higher education;
- (B) Community colleges; or
- (C) The residences of students being home schooled under Arkansas Code § 6-15-501 et seq.,
- (14) “Sealed” means expunge, remove, sequester, and treat as confidential the record or records of a felony offense;
- (15) “Transporter” means an entity licensed as a transporter by the Medical Marijuana Commission; and
(16)
- (A) “Usable marijuana” means the stalks, seeds, roots, dried leaves, flowers, oils, vapors, waxes, and other portions of the marijuana plant and any mixture or preparation thereof.
- (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 and drink.