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Committee debates testing requirements for processed medical marijuana; bill pulled for amendment
Summary
Senate Bill 305, which would require processed medical marijuana products to be tested "after being fully processed," prompted detailed committee questions about whether the bill would permit sale of pre-rolled joints and how the Alcoholic Beverage Control (ABC) division interprets Amendment 98.
Senator (name spoken as) Penzo presented a bill (referred to in committee as relating to "Turn 305") that would clarify testing requirements for processed medical marijuana products. The sponsor said the bill "addresses an issue with testing requirements for new products" and would require processed products to be tested "after being fully processed," which the sponsor characterized as testing the final product as a whole.
Senator Hickey and other committee members asked whether that language would allow the sale of pre-rolled joints at dispensaries. Hickey asked whether the bill would mean a product "after paper was around it" would be considered a finished product and therefore subject to testing. Industry representatives, including Bill Pascall of the Arkansas Cannabis Industry Association and Chip Labovitch, staff attorney at ABC (Alcoholic Beverage Control), explained existing practice and rule interpretations.
Chip Labovitch said ABC's interpretation of Amendment 98 led the division to prohibit possession of rolling papers at a dispensary and that ABC rules currently prohibit sale of pre-rolls. He said the bill "would authorize it" by distinguishing that a rolling paper combined with cannabis would be a finished product and "not a separate paraphernalia product." Pascall said his industry supports the ability to sell pre-rolls in the future because it can aid dosing and safety, but he did not state that the industry was currently seeking immediate rule changes.
Several senators said they were uncomfortable proceeding without clearer legislative intent. Senator Hickey suggested adding an amendment making explicit that the bill does not authorize pre-roll sales; other members, including Senator Gilmore, also said an amendment clarifying the bill's effect would be helpful. The sponsor agreed to consider an amendment and to "pull her down" to allow further discussion. The committee did not take a vote on the bill at this hearing; the matter was postponed for amendment and further consideration.
