Requirements for delivery to qualified patients and designated caregivers
Arkansas Constitution, Amendment 98, sec. 8
(a) A dispensary may deliver usable marijuana to a qualified patient or designated caregiver pursuant to the following:
- (1) All requirements for dispensaries set forth in 20 CAR § 810-1501(a) shall be completed prior to delivery;
- (2) Deliveries may only occur on the date an order is received and processed through the inventory tracking system pursuant to 20 CAR § 810-1501;
- (3) Deliveries may only occur between the hours of 9:00 a.m. and 7:00 p.m.;
- (4) A delivery manifest shall accompany each delivery or series of deliveries, and agents shall not deviate from the delivery route or make unnecessary stops;
- (5) All deliveries shall be accompanied by a delivery ticket listing the name of the qualified patient or designated caregiver and describing the products ordered;
(6)
- (A) 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.
- (B) The qualified patient or designated caregiver who placed the order shall sign the delivery ticket to confirm receipt of the product; and
(7)
- (A) Medical marijuana may only be delivered to the Arkansas residence listed on the registry identification card for the designated care giver or qualified patient.
- (B)
- (i) “Residence” means a dwelling, such as a:
- (a) (a) House;
- (b) (b) Apartment;
- (c) (c) Nursing home; or
(d) (d) Retirement center.
- (ii) It does not include a:
- (a) (a) Dormitory;
(b) (b) Hotel;
(c) (c) Motel;
- (d) (d) Bed and breakfast; or
- (e) (e) Other commercial business.
(b) Delivery vehicle and personnel requirements.
(1) Vehicles used for the delivery of medical marijuana shall be:
- (A) Insured at or above the legal requirements in Arkansas;
- (B) Capable of securing medical marijuana during transport;
- (C) Equipped with an alarm system; and
- (D) Free of any markings that would indicate the vehicle is being used to deliver medical marijuana.
(2) Individuals delivering medical marijuana shall:
- (A) Have a valid dispensary agent registry identification card issued by the Alcoholic Beverage Control Division;
- (B) Have a valid Arkansas driver license; and
- (C) Have possession of both the registry identification card and driver license while operating the motor vehicle used to deliver medical marijuana.
(3)
- (A) All delivery vehicles shall be staffed with a minimum of two (2) employees when a vehicle contains medical marijuana.
(B) At least one (1) employee shall remain with the vehicle at any time that it contains medical marijuana.
- (c) Secure container required. 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. 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.