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Legalization Status

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Not Decriminalized

Medical Marijuana (1)

Medical Since 2016

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Not Recreational

Arizona Governing Body Information


2019 Marijuana Packaging Law Updates

Arkansas’ cannabis industry is governed by the Arkansas Alcoholic Beverage Control Board, particularly No. 98 of the Constitution of the State of Arkansas of 1874, The Medical Marijuana Amendment of 2016.

The Board has used a variety of different names to describe the legalized product. Some names include usable marijuana, Cannabis, Cannabinoid, cannabinoid concentrate, cannabinoid edible, and cannabinoid extract.

Packaging Instructions for Plants

The regulation that governs Arkansas’ packaging for plants is “RR 10.4 Plant Identification” According to this regulation, all plants must be assigned a specific number and tagged with an individual tag with a unique identification number (UIN) that is to be recorded electronically or kept in an electronic file until harvest or destruction upon either of the earliest:

  • A plant reaches a height and width of eight (8) inches each; or
  • A plant reaches maturity

Medical Marijuana Arkansas Labeling Requirements:

  • Labels must include the intended amount of THC per serving and unit of sale of the product
  • Labels must contain the following 4 statements:

1.l“Marijuana is for use by qualified patients only. Keep out of reach of children.”;

2. “Marijuana use during pregnancy or breastfeeding poses potential harms.”;

3. “Marijuana is not approved by the FDA to treat, cure, or prevent any disease.”;

4. “Do not operate a vehicle or machinery under the influence of marijuana.”

  • Labels must not contain untruthful, deceptive or misleading statements
  • All packaging must be sealed and child-proof resistant. Child Resistant means it cannot be opened by a child, it prevents ready access to toxic or harmful amounts of the packaged item, it meets testing requirements in accordance with testing method described in 16 C.F.R. 1700.20 (as of January 1, 2017).
  • Packaging must not use shape or design that will appeal to minors
  • Packaging cannot be modelled after non-cannabis products primarily consumed by and marketed to children
  • Packaging cannot be in the shape of an animal, vehicle, person or character
  • Packaging cannot closely resemble familiar food and drink (either generic or branded)
  • Packaging cannot resemble candy, cookies, and brownies, and similar edible items
  • Packaging cannot contain cartoon characters, toys, or similar images and items typically marketed towards children
  • Packaging cannot contain commercially available products that are typically marketed to children
  • Packaging must be sealed

Banned Marijuana Product Forms

Packaging cannot contain:

  • Any content or symbol commonly associated with the practice of medicine or the practice of pharmacy, including, but not limited to:
  • A cross of any color;
  • A caduceus; or
  • Any other symbol that is commonly associated with the practice of medicine, the practice of pharmacy, or healthcare, in general.

Other Packaging Requirements

Packaging cannot encourage transportation of medical marijuana across state lines

  • Cannot display consumption of marijuana
  • Cannot contain material that encourages or promotes marijuana for use as intoxicant
  • Contain material that encourages excessive or rapid use or consumption

2018 Marijuana Packaging Law Updates

The Natural State, along with many others, made hemp and cannabis illegal in 1923 as part of Alcohol Prohibition, and it stayed that way for decades. During cannabis prohibition in Arkansas, it was considered a misdemeanor to possess under four ounces of cannabis, and this charge became a felony after the third possession charge. These legal ramifications for having, using, or growing cannabis in the state were on par with the rest of the country. However, two Arkansas cities voted to make cannabis charges the lowest priority for law enforcement. In 2012, voters tried to pass a medical marijuana referendum, which failed.

The 2016 national elections were a watershed for the medical cannabis movement in Arkansas and around the country. As many other states fought for the right to use medical marijuana, Arkansas passed Issue 6, which legalized cannabis for medical use. The Natural State then created the Arkansas Medical Marijuana Commission, which “issues medical marijuana registry cards for qualified patients and caregivers,” according to the AK Dept. of Health website. The Natural State’s medical cannabis program is facilitated by the Arkansas Department of Health, and requires licensing for patients and caregivers.

Dispensaries and cultivators of medical marijuana in Arkansas must speak with different government agencies to be able to grow or sell medical cannabis in the Natural State. According to the AR DHS website, the Arkansas Medical Marijuana Commission controls licensing for cannabis cultivators while the AR Beverage Control Agency oversees dispensary licensing.

Cannabis businesses and cultivators who wish to sell medical marijuana in Arkansas also must affix a specific label to their products that identifies it as legal medical cannabis, as well as adding warnings and dosage information. Any medical cannabis business looking to sell in Arkansas needs to check out their Rules & Regulations in the links below to make sure they’re labeling their cannabis products correctly.

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