Agency plans review of medical-pot rules

The Alcoholic Beverage Control Board took a look at drafted medical-marijuana regulations on Wednesday and decided to meet later this month to further review them.






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The draft review came as state agencies approach a rule-making deadline and lawmakers continued to modify the voter-approved Arkansas Medical Marijuana Amendment, which will allow Arkansans to use the drug for health-related reasons.

Mary Robin Casteel, staff attorney for the Alcoholic Beverage Control Division, told the board that the draft regulations pertained to record-keeping, security, personnel, manufacturing, processing, advertising, inspections, license suspensions and more.

Casteel said the board can make changes to the draft and needs to recommend fees for dispensary and cultivation facility employees, who will hold cards issued by the state.

[BILL TRACKER: See the status of all marijuana-related bills in Arkansas Legislature]

In other states, fees generally range from $50 to $250, she said.

The board decided to meet at 9 a.m. Feb. 27- 28 to consider the rules.

Casteel said the rules need to be approved by March 7.

The voter-approved Arkansas Medical Marijuana Amendment gives Alcoholic Beverage Control authority over "rules related to the operations of dispensaries and cultivation facilities." The Arkansas Medical Marijuana Commission, created by the amendment, will license those facilities.

Meanwhile, the Legislature, meeting in its regular biennial session, continued working on marijuana-related legislation Wednesday.

Four medical-marijuana bills, already approved by the House, cleared a Senate committee on Wednesday, although one was later referred back to the committee.

In voice votes, with no members audibly dissenting, the Senate Public Health, Welfare and Labor Committee approved House Bill 1051, which would add a licensing process for medical-marijuana transporters, distributors and processors; House Bill 1298, which would require a license for a dispensary or cultivation operation to be held by a person instead of a business or corporation; House Bill 1370, which would allow the state to regulate packaging, advertising, flavor, shape and labeling so medical marijuana does not appeal to children; and House Bill 1371, which would require 60 percent of the ownership interest in dispensaries and cultivation facilities to be held by Arkansans.

HB1371 was later referred back to the committee from the Senate. The sponsor of the bills, Rep. Doug House, R-North Little Rock, said he understood that a senator had a question about the bill.

The House was tapped by House Speaker Jeremy Gillam, R-Judsonia, to oversee legislation tweaking and implementing the constitutional amendment passed by voters in November.

Several of the House's other bills cleared the House Rules Committee on Wednesday.

House Bill 1436 would allow licenses for dispensaries and cultivation facilities that are initially issued between Jan. 1 and July 1 to have licensing fees up to 50 percent prorated and refunded as determined by the Medical Marijuana Commission. These licenses and registry identification cards also would expire on June 30 of each calendar year and would be renewable each year before June 30 for the fiscal year starting July 1.

House Bill 1507 would allow the Department of Health to collect fines or fees for any violation of its rules, and the Medical Marijuana Commission and Alcoholic Beverage Control Division to collect fines or fees for any violation of rules for licensing of dispensaries and cultivation facilities.

The division also would be allowed to collect fees or fines for any violation of its rules for registration and certification of cultivation facility and dispensary agents.

House Bill 1519 by House would place the free-standing Medical Marijuana Commission in the Department of Finance and Administration.

The House Rules Committee also passed House Bill 1451, by Rep. Trevor Drown, R-Dover.

It would prohibit a member of the Arkansas National Guard or the U.S. military from being a designated caregiver for someone qualified to take medical marijuana or from being a qualifying patient themselves. It also would bar the possession or smoking of marijuana on any property under the control of the Arkansas National Guard or the U.S. military.

A Section on 02/16/2017

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