What Are The Cultivation Regulations For Marijuana in Arkansas?There are currently no cultivation regulations in the state of Arkansas for marijuana. Marijuana is still illegal in Arkansas for recreational and medical use; therefore, no cultivation regulations have been established. However, due to the recent passage of Amendment 98, the cultivation of hemp is now legal under Arkansas law. Hemp can be grown and processed according to the rules and regulations established by the Arkansas Industrial Hemp Commission.
How Many Plants Can I Legally Grow For Personal Use in Arkansas?In Arkansas, it is illegal to cultivate, possess, or use any form of marijuana for recreational or medical purposes. Therefore, no specific regulations exist that limit the number of plants an individual can grow for personal use.
Is There A Difference In Cultivation Rules Between Medical And Recreational Marijuana in Arkansas?Yes. In Arkansas, medical marijuana is only available to qualifying patients who have been approved by a doctor and registered with the Arkansas Medical Marijuana Commission. These patients can possess up to 2.5 ounces of marijuana every 14 days. Recreational marijuana is not legal in Arkansas, and possession of any amount remains a criminal offense.
Are There Specific Zoning Requirements For Marijuana Cultivation Sites in Arkansas?Yes. All marijuana cultivation sites in Arkansas must be located in an agricultural zone approved by the local zoning authority. Sites must also comply with all applicable building, health, and safety codes. Additionally, facilities must be at least three miles away from any church, public or private school, or day care, and must be enclosed in a secure fence or structure.
What Permits And Licenses Are Required For Commercial Marijuana Cultivation in Arkansas?In Arkansas, the Department of Finance and Administration (DFA) is responsible for regulating and licensing the commercial cultivation of medical marijuana. To legally cultivate marijuana in Arkansas, applicants are required to have a Cultivation Facility License issued by the DFA. to obtain this license, applicants must pay an annual fee of $100,000 and meet specific requirements outlined by the Arkansas Medical Marijuana Commission. This includes having an on-site facility manager who is registered with the commission, having a licensed physician on staff, and having all necessary security measures in place. Additionally, a Cultivation Facility License holder must also obtain a Certificate from the Division of Alcoholic Beverage Control (ABC) prior to beginning their operations.
Are There Limitations On The Size And Scale Of Marijuana Cultivation Operations in Arkansas?Yes, there are limitations on the size and scale of marijuana cultivation operations in Arkansas. Cultivation facilities are limited to five (5) acres and must not exceed 30,000 square feet total canopy size. Each licensed facility may contain up to twenty (20) cultivation rooms, each with a maximum canopy size of 1,500 square feet.
What Environmental Regulations Apply To Marijuana Cultivation, Such As Water Usage And Pesticide Use, in Arkansas?In Arkansas, environmental regulations for marijuana cultivation are set forth in the Arkansas Rules and Regulations Governing Medical Marijuana Cultivation Facilities. These rules include requirements for water usage and pesticide use.
• Cultivation facilities must use water from an approved clean or potable source.
• Water used for irrigation purposes must be evaluated for quality and safety prior to use.
• Cultivation facilities must have efficient water use practices, including the use of drip irrigation and other practices that conserve water.
• Facility operators must ensure that water is not discharged or otherwise released into the environment in a manner that may be harmful to the environment.
• Facility operators must ensure that wastewater generated from marijuana cultivation activities is disposed of in accordance with applicable laws and regulations.
• The use of pesticides is prohibited except in accordance with applicable laws and regulations.
• Pesticide use must be limited to those approved by either the Arkansas State Plant Board or the United States Environmental Protection Agency (EPA).
• Pesticide application must comply with all applicable laws and regulations, including those of the Arkansas State Plant Board and EPA.
• Any pesticides used must be listed on the EPA’s List of Minimum Risk Pesticides.
• Facility operators must keep records of all pesticide applications, including the type of pesticide used, date of application, amount applied, and target pest. Records must be maintained for at least three years.
How Are Security And Surveillance Requirements Enforced For Marijuana Cultivation Facilities in Arkansas?The Arkansas Medical Marijuana Commission (AMMC) is responsible for enforcing the security and surveillance requirements for marijuana cultivation facilities in the state. These requirements must be met by all marijuana cultivation facilities before they can obtain a cultivation license under the Arkansas Medical Marijuana Amendment of 2016. The requirements include 24/7 surveillance and security of the facility, including measures to prevent unauthorized access, destruction, or theft. Additionally, the facility must have a security alarm system, lockdown protocol, and other measures to ensure safety. The Arkansas State Police conduct routine inspections of all facilities to ensure that these requirements are being met. If any deficiencies are found, the facility must be brought into compliance in order to continue operating.
Are There Restrictions On The Use Of Artificial Lighting And Energy Consumption In Indoor Cultivation in Arkansas?Yes. The Arkansas Department of Energy and Environment has energy efficiency standards for artificial lighting used in indoor cultivation operations. These standards apply to both natural and artificial lighting, and impose limits on the wattage of lighting fixtures and other energy-consuming equipment used in indoor cultivation. Furthermore, the department requires growers to use energy-efficient lighting fixtures that meet ENERGY STAR® guidelines. Additionally, the department can impose restrictions on the total amount of electricity used in an indoor grow facility.
What Are The Rules Regarding Outdoor Marijuana Cultivation, Including Fencing And Odor Control, in Arkansas?The cultivation of marijuana outdoors in Arkansas is illegal. There are no specific regulations that address fencing and odor control for outdoor marijuana cultivation.
Do I Need To Register My Cultivation Site With The State Regulatory Agency in Arkansas?Yes, you do. In Arkansas, all medical marijuana cultivation sites must be registered with the Arkansas Medical Marijuana Commission. This includes any facility used to grow, cultivate, distribute or dispense medical marijuana. All applications must be submitted before August 1, 2019 in order to be considered for registration.
Are There Inspections And Compliance Checks For Marijuana Cultivation Sites in Arkansas?Yes, there are inspections and compliance checks for marijuana cultivation sites in Arkansas. The Arkansas Department of Health (ADH) is responsible for inspecting all licensed marijuana cultivation sites in the state and ensuring that they are compliant with all state laws and regulations. The ADH is also responsible for monitoring and enforcing the provisions of Act 981, which authorized the medical use of marijuana in Arkansas. Additionally, the Arkansas State Plant Board conducts random inspections of marijuana cultivation sites to ensure their compliance with all applicable laws and regulations.
Can I Sell My Homegrown Marijuana To Dispensaries Or Other Individuals in Arkansas?No, it is illegal to sell marijuana in Arkansas. Arkansas law prohibits the sale of marijuana in any form, including growing and selling homegrown marijuana.
What Is The Process For Obtaining A License To Cultivate And Sell Marijuana Seeds in Arkansas?Unfortunately, it is not currently legal to cultivate and sell marijuana seeds in Arkansas.
Are There Restrictions On The Use Of Chemicals And Pesticides In Marijuana Cultivation in Arkansas?Yes, there are restrictions on the use of chemicals and pesticides in marijuana cultivation in Arkansas. To ensure a safe product for consumers, the Arkansas Medical Marijuana Commission approved regulations for the testing of medical marijuana products in 2019. These regulations require that all crops of medical marijuana must be tested for chemical and pesticide contamination before being released to the public. Additionally, the regulations also restrict the use of approved chemicals and pesticides on marijuana plants. They also include rules and regulations regarding the safe storage of these chemicals and pesticides.
How Do Cultivation Regulations Address Environmental Sustainability And Conservation in Arkansas?Cultivation regulations in Arkansas are designed to ensure the safety and sustainability of the state’s agricultural resources. The Arkansas Department of Agriculture has enacted several regulations that address environmental sustainability and conservation, including:
• Requiring growers to use sustainable growing practices, such as integrated pest management, plant nutrition, soil conservation, and water conservation.
• Establishing a minimum distance between cultivation sites to minimize potential impacts to the environment.
• Requiring growers to obtain water rights and permits in order to ensure adequate water supply.
• Establishing buffer zones around cultivation sites to protect natural habitats and wildlife.
• Prohibiting the use of pesticides and fertilizers that could be harmful to the environment.
• Mandating the proper management and disposal of waste materials associated with cultivation activities.
• Requiring growers to implement best management practices that minimize impacts to air and water quality.