Definitions
Arkansas Constitution, Amendment 98, sec. 24; Arkansas Constitution, Amendment 98, sec. 25
As used in this part:
- (1) “Amendment” means the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98;
- (2) “Approved laboratory” means a laboratory has been approved by the Department of Health specifically for the testing of usable marijuana;
- (3) “Authorized personnel” means any employee employed by a transporter or distributor and granted permission by the facility to enter into restricted areas;
- (4) “Commission” means the Medical Marijuana Commission;
- (5) “Contractor” means any person or business under contract to complete repairs or improvements to the licensed facility;
- (6) “Department” means the Arkansas Department of Health;
- (7) “Director” means the Director of the Alcoholic Beverage Control Division;
- (8) “Division” means the Alcoholic Beverage Control Division;
- (9) “Enforcement” means the Alcoholic Beverage Control Enforcement Division;
(10) “Excluded felony offense” means:
(A)
(i)
- (a) (a) A felony offense as determined by the jurisdiction where the felony offense occurred.
- (b) (b) 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.
- (ii) 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:
- (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
- (ii) An offense that has been sealed by a court or for which a pardon has been granted;
- (11) “Inventory tracking system” means the required seed to sale tracking system that tracks medical marijuana from either seed or immature plant state until the usable marijuana is sold to a qualified patient or designated caregiver or is destroyed;
(12) “Licensed facility” means a licensed:
- (A) Cultivation facility;
- (B) Dispensary;
- (C) Transporter/distributor; or
- (D) Processor;
(13) “Marijuana” or “medical marijuana” means marijuana in any form described in the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98, or the rules promulgated by the:
- (A) Alcoholic Beverage Control Division;
- (B) Department of Health; or
- (C) Medical Marijuana Commission;
- (14) “Shipping container” means a sealable, tamper-evident container used for the transport of medical marijuana between licensed facilities and an approved laboratory;
- (15) “Transport” means to move medical marijuana between licensed facilities or between a licensed facility and approved laboratory;
(16) “Transporter” or “transporter/distributor” means an entity licensed by the Medical Marijuana Commission pursuant to this part and that may:
- (A) Acquire, possess, deliver, transfer, transport, or distribute marijuana to a dispensary, cultivation facility, or processor; and
- (B) Receive compensation for providing services allowed by this section;
- (17) “Transporter/distributor agent” or “agent” means an individual who has a current registry identification card issued by the Alcoholic Beverage Control Division and who is an employee of a transporter/distributor;
- (18) “Transportation vehicle” means a vehicle used by a licensed transporter/distributor to transport marijuana; and
- (19) “Unique identification number” or “UIN” means a unique number generated by the inventory tracking system and assigned to all usable marijuana for the purpose of tracking the marijuana from its seed form to ultimate sale to a qualified patient/designated caregiver or destruction.