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Committee debate on marijuana testing bill centers on whether pre-rolls would be authorized
Summary
Senate Bill 305 would require processed medical marijuana products to be tested as finished products. Committee members and industry and regulatory representatives debated whether the language would permit sale of pre-rolled joints; the sponsor agreed to pull the bill for amendment and further discussion.
Senate Bill 305, introduced by Senator Clint Penzo, District 31, would require testing of processed medical marijuana products at the final-product stage. Penzo told the Agriculture, Forestry & Economic Development Committee the bill clarifies when testing must occur because “some products like infused flour are comprised of different ingredients that can be tested at different times.”
Under the bill, Penzo said, “all processed marijuana products shall be tested after being fully processed.” He listed contaminants to be included in testing such as pesticides, heavy metals, microbiological contaminants and residual solvents.
Committee members raised a related question: whether the bill’s language would allow the sale of pre-rolled marijuana products (pre-rolls). Senator Hickey asked whether a rolled product would be considered a finished product under the bill and therefore be eligible for sale. Industry representative Bill Paschal of the Arkansas Cannabis Industry Association told the committee: “this does, senator, is allows, mandates testing in final product like an edible, a tincture, or whatever. This does not, give thumbs up to, pre rolls. That will still be in the purview of the ABC.”
Chip Labovitch, identified in the hearing as a staff attorney at ABC overseeing medical marijuana, said the bill “would certainly authorize it. Currently under amendment 98, amendment 98 does prohibit the possession of rolling papers at a dispensary and that was previously the interpretation. And so ABC rules do currently prohibit any sort of pre rolled joints being sold in dispensaries. So this bill would authorize that because it makes the distinction that the rolling paper, once it has been combined with cannabis, is now a finished product and it is not a separate paraphernalia product.”
Committee members suggested an amendment to clarify whether authorizing pre-rolls is the legislature’s intent. Several senators said they would prefer an explicit amendment stating the bill does not authorize pre-rolls unless the legislature chooses to do so in separate legislation. The sponsor agreed to pull the bill from consideration at this hearing for further discussion and possible amendment.
No formal committee vote on the bill was recorded at the hearing; the sponsor said the bill would be pulled down and returned for further consideration.
