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Draft Medical Marijuana Rules Released by the Arkansas State Board of Health

The Arkansas State Board of Health has released draft medical marijuana rules. The rules impose detailed regulations in three general areas: medical marijuana identification cards, labeling and testing standards, and how medical conditions will be added to the list of conditions qualifying for treatment with medical marijuana.

According to Robert Brech, general counsel for the Arkansas Department of Health, the proposed rules for testing and labeling were based similar rules in effect in the state of Oregon.

Noteworthy provisions include:

  • “Registry identification cards,” which identify someone as a patient qualified to use and possess medical marijuana, will only be issued to applicants with an Arkansas driver’s license or other Arkansas-issued identification.
  • Any medical marijuana sold or transferred must be tested and labeled. The label must identify the producer (i.e., the grower), and include information such as the date of harvest, the name of the strain, the THC concentration, the activation time, the name of the laboratory performing any test, and a warning that marijuana use during pregnancy and while breastfeeding poses potential harms.
  • All medical marijuana sold must be tested for contaminants, pesticides, THC concentration, water content, and heavy metals. Cultivation facilities and dispensaries are prohibited from selling or transferring untested medical marijuana.

The proposed rules, released January 26, 2017, can be found here. They will be subject to a 30-day public comment period, followed by a public hearing.

The Board of Health is one of several state agencies engaged in medical marijuana rulemaking. The Arkansas Medical Marijuana Commission, Arkansas Department of Finance and Administration, and Arkansas Alcoholic Beverage Control Division are also in the process of drafting medical marijuana rules.

The members of the Mitchell Williams Medical Marijuana Practice Group are Harry Hamlin, Morril Harriman, Jr., Martha Hill, Melissa Bandy, Benjamin Brenner, Courtney Crouch, Meg Johnston, Alan Lewis, Bethany Marshall, Nicole Lovell, Scott Schallhorn, and Mary Catherine Way.

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