Arkansas 2025 Regular Session

Arkansas House Bill HB1889 Latest Draft

Bill / Draft Version Filed 03/20/2025

                            Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1889 3 
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By: Representative Pilkington 5 
By: Senator J. Bryant 6 
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For An Act To Be Entitled 8 
AN ACT TO AMEND THE LIMITATIONS ON ACCESS TO A 9 
DISPENSARY OR CULTIVATION FACILITY; TO AUTHORIZE A 10 
DISPENSARY TO DELIVER ORDERS VIA A DELIVERY VEHICLE 11 
OR VIA A DRIVE-THROUGH WINDOW; AND FOR OTHER 12 
PURPOSES. 13 
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Subtitle 16 
TO AMEND THE LIMITATIONS ON ACCESS TO A 17 
DISPENSARY OR CULTIVATION FACILITY; AND 18 
TO AUTHORIZE A DISPENSARY TO DELIVER 19 
ORDERS VIA A DELIVERY VEHICLE OR VIA A 20 
DRIVE-THROUGH WINDOW. 21 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 
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 SECTION 1.  Arkansas Code ยง 20 -56-303(b), concerning the limitations on 25 
access to a dispensary or cultivation facility, is amended to read as 26 
follows: 27 
 (b)(1)  A cultivation facility or dispensary may allow access by 28 
visitors to restricted areas of the cultivation facility or dispensary if: 29 
 (A)  The visitor: 30 
 (i)  Presents a government -issued identification upon 31 
entry; 32 
 (ii)  Wears a visitor designation tag at all times; 33 
 (iii)  Is escorted by authorized personnel at all 34 
times in the cultivation facility; 35 
 (iv)  Is not a minor; and 36    	HB1889 
 
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 (v)  Has been invited by the cultivation facility or 1 
management personnel of the cultivation facility or dispensary; and 2 
 (B)  The cultivation facility or dispensary maintains: 3 
 (i)  A log book recording the name, address, and 4 
purpose of the visit for each visitor; and 5 
 (ii)  Video surveillance of the restricted areas. 6 
 (2)(A)  A parent with a registry identification card or a 7 
designated caregiver registry identification card may bring his or her child 8 
or children into a dispensary or cultivation facility for the purpose of 9 
purchasing usable marijuana. 10 
 (B)  A parent without a designated caregiver registry 11 
identification card or registry identification card may accompany his or her 12 
child who has a registry identification card into a dispensary or cultivation 13 
facility for the purpose of purchasing usable marijuana for the child or 14 
children. 15 
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 SECTION 2.  Arkansas Code Title 20, Chapter 56, Subchapter 3, is 17 
amended to add an additional section to read as follows: 18 
 20-56-309.  Authorized deliveries by dispensary via delivery vehicle 19 
and drive-through window. 20 
 (a)(1)  A dispensary may deliver usable marijuana to a qualified 21 
patient or designated caregiver at a residential address via a delivery 22 
vehicle. 23 
 (2)  The delivery may only occur on the date that the order is 24 
processed. 25 
 (3)(A)  A delivery manifest shall accompany the delivery vehicle. 26 
 (B)  Each delivery shall: 27 
 (i)  Be packaged separately; and 28 
 (ii)  Include a delivery ticket listing all products 29 
to be delivered and the name and registry identification card information of 30 
the purchasing qualified patient or designated caregiver. 31 
 (4)  Before delivery of the usable marijuana, the delivery driver 32 
shall visually confirm the validity of the registry identification card of 33 
the qualified patient or designated caregiver who submitted the order and 34 
verify that the information matches the delivery ticket. 35 
 (5)  A vehicle delivering usable marijuana to a qualified patient 36    	HB1889 
 
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or a designated caregiver may be staffed with a single dispensary employee if 1 
the vehicle is equipped with additional security measures, such as global 2 
positioning system or real -time camera monitoring. 3 
 (b)(1)  A dispensary may deliver usable marijuana to a qualified 4 
patient or designated caregiver via a drive -through window located at the 5 
dispensary. 6 
 (2)  The delivery via a drive -through window may only occur on 7 
the date that the order is processed. 8 
 (3)  Only patients with previously submitted online orders may 9 
receive delivery via a drive -through window.  10 
 (4)  Each drive-through window delivery shall: 11 
 (A)  Be packaged separately in an opaque exit bag; and 12 
 (B)  Include a delivery ticket listing all products to be 13 
delivered and the name and registry identification card information for the 14 
purchasing qualified patient or designated caregiver. 15 
 (5)  Before delivery of the usable marijuana via the drive -16 
through window, the dispensary employee shall visually confirm the validity 17 
of the registry identification card of the qualified patient or designated 18 
caregiver who submitted the order and verify that the information matches the 19 
delivery ticket. 20 
 (6)  The drive-through window shall: 21 
 (A)  Be tinted to ensure that the interior of the 22 
dispensary is not visible through the exterior of the drive -through window;  23 
 (B)  Be secure from unauthorized access; and 24 
 (C)  Use a bank style delivery drawer for the exchange of 25 
registry identification cards, payment, and usable marijuana packaged in an 26 
exit bag. 27 
 (c)  The Alcoholic Beverage Control Division may promulgate rules to 28 
implement this section. 29 
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