Cannabis Guide for the USA & Canada – Arkansas, USA

Medical marijuana April 14, 2020

Arkansas’s current law regulating legal marijuana use was the result of an election initiative on November 8, 2016. Arkansans passed a referendum to amend the state constitution to allow the use of marijuana to treat certain medical conditions. The law is known as the Arkansas Medical Marijuana Amendment of 2016 and is located in Ark. Const. To change. 98, §§ 1–25. The amendment consists of 25 sections that set out the terms and conditions and the legal framework for government agencies to implement the change. The amendment provides that certain individuals are protected in the possession and use of marijuana as long as they meet the quantity, health and registration requirements set out in the amendment. A qualified patient is someone who has been diagnosed by a doctor with any of the following conditions:

Cancer, glaucoma, human immunodeficiency virus / acquired immunodeficiency syndrome positive status, hepatitis C, amyotrophic lateral sclerosis, Tourette’s syndrome, Crohn’s disease, ulcerative colitis, post-traumatic stress disorder, severe arthritis, fibromyalgia, Alzheimer’s disease, cachexia or wasting disease; peripheral neuropathy; persistent pain, which is pain that has not responded to any usual medication, treatment, or surgical procedure for more than six (6) months; severe nausea; Seizures, including, without limitation, those characteristic of epilepsy; or severe and persistent muscle spasms, including without limitation those characteristic of multiple sclerosis.

I would. in § 2 (13). The patient must also register with the Arkansas Department of Health (“ADH”) to obtain their registration ID prior to purchasing or using medical marijuana. I would. at 5’o clock.

Qualified patients and designated carers are protected from arrest, prosecution, or punishment, including “civil sanctions or disciplinary action by any business, professional, or professional licensing authority or bureau”. Pursuant to Section 3 (c), they are registered with ADH and have no more than 2.5 ounces as long as their use or possession complies with the other requirements of the change. The amendment allows a “pharmacy” to accept, transfer, or sell marijuana seeds, plants, or usable products to and from pharmacies and growers in Arkansas and across state borders, when federal law permits. I would. at 8.

Special safeguards have been put in place to address discrimination based on housing, schooling or employment due to the legal marijuana use. I would. in § 3 (f). However, the law specifically provides that an employer can take steps to prevent the use of marijuana at work or during the time an employee is under the influence of marijuana at work if that employee is in a safety-related manner Position. I would. in § 3 (f) (3) (B).

Three government agencies are involved in the administration of the new law. First, ADH is tasked with administering the qualification and registration of patients and caregivers, as well as overseeing the labeling and testing standards for marijuana. I would. in § 5. Next, the change provides that the Medical Marijuana Commission (“MMC”) licenses pharmacies and cultivation facilities. I would. in § 8 (a). The commission has to license between twenty and forty pharmacies with no more than four in a county and license between four and eight cultivation facilities. I would. in § 8 (h) – (i).

In the first licensing process, MMC decided to license five add-on facilities and 33 pharmacies. At least 60% of those “connected” to a pharmacy or cultivation facility must have been a resident of Arkansas for the past seven years. I would. in § 8 (c). In addition, ownership of the pharmacies and cultivation facilities is restricted by Section 8 (l), which prohibits a person from owning more than one cultivation facility and one pharmacy. Finally, the Alcoholic Beverage Control Department (“ABC”) is tasked with enforcing the Medical Marijuana Commission regulations in relation to pharmacies and grow facilities. I would. in § 8 (a) (3).

Sales tax and a special tax created by the marijuana sales change will be distributed to the Arkansas Medical Marijuana Implementation and Operations Fund. I would. This fund initially provides for the payment of costs incurred by ADH, MMC, ABC or any other government agency that incurred costs in connection with the change. Once distributed to government agencies, any remaining funds will be added to the government general fund.

Recreational marijuana use

Arkansas does not currently allow recreational marijuana use, but an election initiative is being proposed by November 3, 2020 that would amend the state’s constitution to allow recreational marijuana use by people over the age of 21. The initiative must receive 89,151 signatures before this is allowed on the ballot. At this point, the initiative has not yet been approved for inclusion in the vote.