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Arkansas Constitution of 1874 Amendment 98, § 24. Licensure for transporters, distributers, and processers

Current as of March 28, 2024 | Updated by Findlaw Staff

(a)(1) The Medical Marijuana Commission shall license transporters, distributors, and processers.

(2) The Alcoholic Beverage Control Division shall administer and enforce the provisions of this section concerning transporters, distributers, and processors.

(b) The owners, board members, or officers of a transporter, distributor, or processor shall not:

(1) Have been convicted of an excluded felony offense;

(2) Have previously been an owner of a dispensary, cultivation facility, transporter, distributor, or processor that has had a license revoked; and

(3) Be under twenty-one (21) years of age.

(c) The commission may conduct a criminal records check in order to carry out this section.

(d)(1) A transporter license, distributor license, and processor license shall expire one (1) year after the date of issuance.

(2) The commission shall issue a renewal license within ten (10) days to any entity who complies with the requirements contained in this amendment, including without limitation the payment of a renewal fee.

(e) The commission may charge a reasonable fee as established by rule for the issuance of an initial license and a renewal license.

(f)(1)(A) A transporter or distributer licensed under this section may:

(i) Acquire, possess, deliver, transfer, transport, or distribute marijuana to a dispensary, cultivation facility, or processor; and

(ii) Receive compensation for providing services allowed by this section.

(B) A transporter or distributor licensed under this section shall not grow, manufacture, process, prepare, supply, or dispense marijuana.

(2)(A) A processer licensed under this section may:

(i) Acquire, possess, manufacture, process, prepare, deliver, transport, and supply marijuana to a dispensary or cultivation facility; and

(ii) Receive compensation for providing services allowed by this section.

(B) A processer licensed under this section shall not grow or dispense marijuana.

(g) The division may make reasonable inspections on a transporter, distributer, and processor to ensure that the transporter, distributor, and processer:

(1) Is an entity incorporated in the State of Arkansas;

(2) Has implemented appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and the theft of marijuana;

(3) Conducts an initial comprehensive inventory of all marijuana and a biannual comprehensive inventory of all marijuana; and

(4) Records each transaction between the transporter, distributer, or processer and a dispensary, cultivation facility, or another processer and maintains the records for three (3) years;

(5) Has adopted procedures to ensure accurate recordkeeping.

(h)(1) The commission shall adopt rules governing the applications for a transporter license, distributor license, or processer license.

(2) The division shall adopt rules governing:

(A) Oversight requirements for transporters, distributers, and processers;

(B) Recordkeeping requirements for transporters, distributers, and processers;

(C) Security requirements for transporters, distributers, and processers;

(D) Personnel requirements for transporters, distributers, and processers;

(E) The manufacture, processing, packaging, and dispensing of usable marijuana to qualifying patients and designated caregivers;

(F) Procedures for suspending or terminating the licenses of transporters, distributers, and processers that violate the provisions of this amendment or the rules adopted under this amendment, procedures for appealing penalties, and a schedule of penalties;

(G) Procedures for inspections and investigations of transporters, distributers, and processers;

(H) Advertising restrictions for transporters, distributers, and processers; and

(J)  1Any other matters necessary to the fair, impartial, stringent, and comprehensive administration of the duties of the division under this section.

1 Paragraph designation so in enrolled act. Probably should be “(I)”.
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Cite this article: FindLaw.com - Arkansas Constitution of 1874 Amendment 98, § 24. Licensure for transporters, distributers, and processers - last updated March 28, 2024 | https://codes.findlaw.com/ar/arkansas-constitution-of-1874/ar-const-amend-98-sect-24/

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