Page 20 - Arkanas Trucking Report Volume 22 Issue 5

processing 224 dispensary applications
for 32 available slots, and 98 cultivator
applications for five available slots. Two
hundred twenty-four applications were
“WE REALIZED EARLY ON THE 18TH IT WAS GOING submitted on the last day available,
TO BE AN EXTREMELY ACTIVE DAY AS SEVERAL Sept. 18. According to Hardin, “We
APPLICANTS SLEPT OUTSIDE DFA’S OFFICES realized early on the 18th it was going
to be an extremely active day as several
OVERNIGHT IN ORDER TO BE AMONG THE FIRST TO applicants slept outside DFA’s offices

SUBMIT THEIR APPLICATIONS ON THE FINAL DAY.” overnight in order to be among the
first to submit their applications on the
—SCOTT HARDIN, DEPARTMENT OF FINANCE AND final day.”
ADMINISTRATION SPOKESPERSON Hardin said DFA’s legal team was
confirming that applications meet
minimum requirements before they
are reviewed by the Medical Marijuana
Commission. Those requirements
Arkansas voters last November Drivers and employees of include no unpaid taxes and 60 percent
approved the use of medical marijuana dispensaries must have a valid ownership by Arkansas citizens. Then
by a 53-47 margin. During this year’s identification card issued by the division the legal team will remove the names of
legislative session, Arkansas lawmak- and a valid Arkansas driver’s license, the applicants so the commission can
ers, many of whom had opposed and both must be in the driver’s make its determinations solely on merit.
the initiative, passed numerous laws possession when he or she operates The commission likely would receive
clarifying aspects of the amendment, a motor vehicle hauling medical applications in November or December
including the licensing authority of marijuana. All vehicles transporting for review. Those applications range
the newly formed Medical Marijuana medical marijuana must be staffed by from 400 to 3,000 pages. Hardin said
Commission. two employees, one of whom remains it likely would be after the beginning of
in the vehicle at all times. Vehicles 2018 before licenses are announced.
WHO CAN TRANSPORT, SELL must have an alarm system and have Rep. House, an attorney, said that
AND GROW MARIJUANA IN no signage or other indications they every regulation will be limited to
ARKANSAS? are transporting marijuana. The drivers Arkansas.
One of those laws, Act 642 by Rep. must travel directly between locations
Doug House, R-North Little Rock, stat- without any unnecessary stops. RISKY BUSINESS
ed that cultivators and dispensaries may ABC would have the power to Marijuana is still illegal under fed-
contract with licensed transporters. The inspect transporters to ensure they eral law, which means truckers can’t
bill said that transporters, along with are taking the appropriate secu- carry it across state lines. Doing so,
dispensaries, cultivation facilities, dis- rity measures to protect the inven- said the ATA’s Potter, would be “very,
tributors and processors, are immune tory and are keeping proper records. It very illegal because that would make it
from prosecution under the terms of can adopt rules governing oversight, interstate commerce, and that means
the amendment. record keeping, security and personnel it would also go under federal law, and
Act 642 requires transporters to requirements. It also can set rules for transporting marijuana is a crime.”
be licensed by the Medical Marijuana inspections and investigations and for Potter said interstate trucking
Commission, while enforcement is the restricting advertising. The division also companies that want to transport
responsibility of the Alcoholic Beverage will license transporter agents. marijuana within a state are governed
Control (ABC) Division. The legislation Department of Finance and by individual state laws, but they could
says owners, board members and offi- Administration spokesperson Scott be at risk, including in areas such as
cers of transport companies must not Hardin said transporters’ licenses insurance. She recommends any truck-
have been convicted of an excluded fel- are in development and should be ing company considering it have “a very
ony offense or owned a marijuana com- determined during the next month or good lawyer.”
pany that had had its license revoked. two. However, the department is also Along with transporting the drug,
Licenses would have to be renewed busy creating rules for cultivators and marijuana-related companies also
every year. Transporters and distributors dispensers — a daunting task in and of face challenges transporting the large
would not be allowed to grow or dis- itself. The DFA, which is the umbrella
pense the drug. agency for the commission and ABC, is 

20 Issue 5 2017 | ARKANSAS TRUCKING REPORT