1. The State of Medical Marijuana
Erika Gee |

2. Issue No. 6: Arkansas Medical Marijuana Amendment of 2016

3. What Issue No. 6 Does: DOES: DOES NOT:
Legalize the use of marijuana by “qualifying patients”
Allow the formal designation of “caregivers” to assist patients
Authorize dispensaries
Authorize 4-8 cultivation facilities
DOES NOT:
Authorize growing marijuana at home
Legalize the recreational use of marijuana

4. Agencies Overseeing Implementation and Regulation
Department of Health
Medical Marijuana Commission
Alcoholic Beverage Control

5. Qualifying Conditions
Cancer
Cachexia or Wasting Syndrome
Glaucoma
Peripheral Neuropathy
HIV/Aids
Intractable pain that does not respond to ordinary medications, treatment, or surgical measures for more than six months
Hepatitis C
Amyotrophic Lateral Sclerosis
Tourette’s Syndrome
Severe nausea
Crohn’s Disease
Seizures, including Epilepsy
Ulcerative Colitis
Severe or persistent muscle spasms, including Multiple Sclerosis
PTSD
Severe Arthritis
Fibromyalgia
Alzheimer’s Disease

9. Adding Qualifying Conditions
The DOH established a petition process for adding additional qualifying conditions:
Applicants must submit a petition, including evidence “generally accepted by the medical community” that medical cannabis alleviates suffering caused by the proposed qualifying condition
A public hearing will be held
The Director of DOH will make a final decision

10. Registering Patients
Must be over 18 and present an Arkansas driver’s license or photo ID
Must submit “written certification” from a physician
$50 fee
For a minor, a parent or guardian must give written consent and register as the minor’s designated caregiver
Registration must be renewed annually

11. Residents of Other States
Residents of other states may qualify to obtain medical marijuana while visiting Arkansas if:
The visitor comes from a state that issues medical marijuana patient registration cards
The visitor presents their card to the dispensary

12. Registering Designated Caregivers
Point 1
Point 2
Identification of the applicant’s qualifying patient
Criminal Background Check
$50 fee
Registration must be renewed annually

13. Applications will be denied if:
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Point 2
The applicant has had a registration revoked in another state
The physician did not have a physician-patient relationship with the patient
The certification or application is fraudulent or falsified

14. Confidentiality Point 1 Point 2
All information regarding patients and caregivers is confidential
Information cannot be released under the Arkansas Freedom of Information Act
MMC and ABC may access registration information
DOH may verify registry status to law enforcement

15. Cultivation Facilities
Issue 6 authorizes 8 cultivation facilities
Facilities will serve as the primary source of all medical marijuana products in Arkansas
MMC will initially license 5 facilities and reserve the remaining 3
Can be located anywhere in Arkansas, except within 3,000 feet of an existing school, church, or daycare
Cultivation facilities cannot participate in retail sales
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Point 2

16. Cultivation Facility Application
The cultivation facility application requires:
Written application with merit-based criteria
Arkansas residency
Arkansas ownership, criminal, professional, and financial history
$1,000,000 proof of assets or surety bond
Proof of $500,000 liquid assets
$15,000 application fee (half refundable if applicant is not selected
$100,000 licensing fee
$500,000 performance bond due to MMC within seven days if selected
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Point 2

17. Dispensaries Point 1 Point 2 Issue 6 authorizes up to 40 dispensaries
MMC will initially license 32 dispensaries
The remaining 8 will be distributed to address demand or diversity goals
State is divided into 8 geographical regions—4 dispensaries will be awarded in each region
Cannot be located within 1,500 feet of an existing school, church, or daycare
Must comply with local zoning
Point 1
Point 2

19. Dispensaries Point 1 Point 2
Dispensaries have broad authorization for retail sales to patients
Can sell medical marijuana, non-smoking paraphernalia, related supplies, and educational material
May engage in wholesale sales of marijuana to cultivation facilities and other dispensaries
May grow up to 50 mature marijuana plants and unlimited additional seedlings
Point 1
Point 2

20. Dispensary Application
Dispensaries will be chosen on merit-based criteria
Standards will be similar to the requirements for a cultivation facility
Each geographical zone will be separately scored and awarded
Requires a $200,000 proof of assets or surety bond
Requires $100,000 in liquid assets
Application fee of $7,500 (half refundable if application is unsuccessful
License fee of $15,000
$100,000 performance bond must be submitted to the MMC within seven days, if selected
Point 1
Point 2

21. Dispensary Pharmacist Consultant
Required under Act 1024 of the 91st General Assembly
Each dispensary must have a designated “pharmacist consultant”
Consultant will develop educational materials, procedures and policies, and conduct staff trainings
Consultant will be available for consultations with staff or patients
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Point 2

22. Projected Timeline July 1 Oct. 1 Around the End of 2017 Spring 2018
MMC begins accepting applications for dispensaries and cultivation
facilities
Application for dispensaries and cultivation facilities closes
MMC awards cultivation facility permits
Medical marijuana becomes available to patients

23. DOH Proposed Rules: Product Testing
Medical Marijuana will be tested for:
Pesticides
Moisture content
Concentration of THC and CBD
Heavy metals
Marijuana concentrates and extracts must be tested for solvents unless:
Produced through mechanical extraction or
Used water, animal fat, or vegetable oil as a solvent
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Point 2

24. DOH Proposed Rules: Labeling
Labeling must include
THC and CBD concentration
Date of harvest
Name of strain
Activation time
Name of the testing laboratory
All required warnings
A universal symbol for marijuana
Labeling cannot contain misleading statements or labels that are attractive to minors
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Point 2

25. ABC Proposed Rules: Labeling
ABC regulates packaging, advertising, and marketing
Advertising and marketing cannot include content that might “reasonably be considered to target children”
Packaging cannot be shaped in a way likely to appeal to children, including the shape of:
Animals
Vehicles
People or characters
Familiar foods, drinks, or candy
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Point 2

26. ABC Proposed Rules: Labeling
Advertising cannot:
Promote transportation of marijuana across state lines
Display consumption of marijuana
Encourage its use as an intoxicant
Encourage excessive or rapid consumption
No more than 30% of the audience for a program, publication, or website featuring advertising can be reasonably expected to be under the age of 18
Cultivation facilities cannot advertise to the general public
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Point 2

27. Medical Marijuana Limitations
Act 1024
Dispensaries cannot sell paraphernalia requiring combustion for the medical marijuana to be properly utilized
This act will probably prevent the sale of pre-rolled marijuana cigarettes or “joints”
Act 740
Patients cannot smoke marijuana anywhere that smoking tobacco is prohibited, in the presence of a pregnant woman or someone under 14 years old, inside a motorized vehicle, or in a place that is likely to cause a person who is not authorized to use it to become under the influence
Patients under 21 cannot smoke marijuana at all
Point 1
Point 2

28. Medical Marijuana Limitations
ABC Rules
Cannot apply extracts to commercially available candy, food, or drink
Cannot make items that resemble cookies or brownies
Act 593
Employers can establish drug-free workplace policies
Employers can take disciplinary action or refuse to hire on the good faith that an employee used marijuana or was under the influence during working hours
Employers can prevent a qualifying patient from holding a “safety sensitive position”
Act 479
Members of the US military or Arkansas National Guard cannot become qualifying patients or designated caregivers
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Point 2

29. Unanswered Questions Point 1 Point 2
The Trump administration’s intentions on enforcement of criminal possession
Implications for banking, insurance, gun possession, and more

30. Erika Gee
Partner |
Wright, Lindsey & Jennings LLP 200 West Capitol Avenue, Suite 2300 Little Rock, AR Main | wlj.com