Summary on Medical Marijuana

Act 5 strikes a line in the recently passed Medical Marijuana Amendment that states a physician must determine “the potential benefits of the medical use of marijuana would likely outweigh the health risks” for the patient.   It also changes the user’s registry identification card from a medical record to a physicians record.

Act 4 pushes back the deadline for the state to begin accepting dispensary and cultivation facility applications.  The bills moves the date from June 1 to July 1 of this year to allow agencies more time to adopt rules and regulations.

Act 544 amends the definition of “excluded felony offense” within the Arkansas Medical Marijuana Amendment.  The measure that passed said “violent felony” but that left the state agencies and commission to interpret what was a violent offense and what was not (ie terroristic threatening) This legislation changes the excluded offense to felony.

Act 479 states members of the Arkansas National Guard cannot be a designated caregiver or qualifying patient for medical marijuana.

Act 438 states a physician cannot issue a written certification for medical marijuana based on an assessment performed through telemedicine.

Act 594 states a license for a dispensary or cultivation facility shall expire  on June 30 of each calendar year and are renewable on or before June 30.  Registry identification cards also expire on June 30 and are renewable on or before that date.

Act 545 requires a criminal background check for anyone applying for a designated caregiver registry card, dispensary license, and cultivation facility license.  This legislation specifies which agencies are to conduct the background checks.

Act 440 states that if the federal government reschedules a marijuana derived substance has to market as a prescription medication that the director the Arkansas Department of Health should also change the designation.

Act 593 allows employers to establish marijuana-free workplace policies. It would allow employers to bar workers with physicians’ written certifications from showing up on the job if they are under the influence. The voter-approved amendment prohibits an employer from firing an individual for being a qualifying patient.  This legislation allows employers to create policies on the job-site.

Act 670 directs sales tax revenue from medical marijuana to the Alcoholic and Beverage Control Division of the Department of Finance and Administration, the Department of Health, the Medical Marijuana Commission, and any other agency that incurs an expense due to regulating the drug.

Act 639 allows the Department of Finance and Administration, the Department of Health and the Medical Marijuana Commission to collect fines from cultivation facilities and dispensaries that violate regulations.

Act 587 allows for a temporary license to be issued to a cultivator or a dispensary.

Act 640 prohibits dispensaries and cultivation facilities from advertising or marketing products in a way that are appealing to children.

HB1580 (waiting on signature) places a 4% tax on the sale of medical marijuana from a cultivator and the sale from the dispensary.  The sponsor of the legislation explained the revenue is needed to cover the cost of regulation.

2017-04-04T13:43:38+00:00 Apr 4th, 2017|Summaries|