Arkansas Cannabis Labeling Laws
Excerpted from Arkansas State Department of Health, Rules and Regulations Governing Medical Marijuana Registration, Testing, and Labeling on: May 27, 2020
ARKANSAS Amendment No. 98, Section V. LABELING
(A) The purpose of this section is to set the minimum standards for the labeling of usable
marijuana that is sold to a qualifying patient or designated caregiver by a dispensary or given by
a qualifying patient or designated to another qualifying patient or designated caregiver.
(1) Usable marijuana received or transferred by a dispensary, qualifying patient or
designated caregiver must meet the labeling requirements in these rules.
(2)(a) A dispensary must return usable marijuana that does not meet labeling
requirements in these rules to the individual who transferred it to the dispensary and document to
whom the item was returned, what was returned and the date of the return; or
(b) Dispose of any usable marijuana that does not meet labeling requirements
and that cannot be returned in a manner specified by the Department.
(B) Usable Marijuana Labeling Requirements
(1) Prior to usable marijuana being sold or transferred to a qualifying patient or
designated caregiver, the container holding the usable marijuana must have a label that has the
following information:
(a) Producer’s business or trade name and cultivation facility or dispensary
number;
(b) Business or trade name of cultivation facility or dispensary or cultivation
facility or dispensary that packaged or distributed the product, if different from the producer;
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(c) A unique identification number;
(d) Date of harvest;
(e) Name of strain;
(f) Net weight in U.S. customary and metric units;
(g) Concentration of THC and CBD;
(h) Activation time expressed in words or through a pictogram;
(i) Name of the lab that performed any test, any associated test batch number
and any test analysis date;
(j) Universal symbol;
(k) A warning that states: “For use by qualified patients only. Keep out of
reach of children.”;
(l) A warning that states: “Marijuana use during pregnancy or breastfeeding
poses potential harms.”; and
(m) A warning that states: “This product is not approved by the FDA to treat,
cure, or prevent any disease”.
(C) Cannabinoid Concentrates and Extracts
(1) Prior to a cannabinoid concentrate or extract being sold or transferred to a
qualifying patient or designated caregiver, the container holding the concentrate or extract must
have a label that has the following information:
(a) Cultivation facility or dispensary’s business or trade name and cultivation
facility or dispensary number;
(b) Business or trade name of cultivation facility or dispensary that packaged
or distributed the product, if different from the cultivation facility or dispensary;
(c) A unique identification number;
(d) Product identity (concentrate or extract);
(e) Date the concentrate or extract was made;
(f) Net weight or volume in U.S. customary and metric units;
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(g) If applicable, serving size and number of servings per container or amount
suggested for use by the qualifying patient at any one time;
(h) Concentration or amount by weight or volume of THC and CBD in each
amount suggested for use and in the container;
(i) Activation time, expressed in words or through a pictogram;
(j) Name of the lab that performed any test, any associated test batch number
and any test analysis date;
(k) Universal symbol;
(l) A statement that reads:
(i) “This product is not approved by the FDA to treat, cure, or prevent
any disease”;
(ii) “For use by qualifying patients only. Keep out of reach of
children.”;
(iii) “DO NOT EAT” in bold, capital letters; and
(iv) “Marijuana use during pregnancy or breastfeeding poses potential
harms.”
(D) General Label Requirement, Prohibitions and Exceptions
(1) Principal Display Panel.
(a) Every container that contains usable marijuana for sale or transfer to a
qualifying patient or designated caregiver must have a principal display panel.
(b) If a container is placed within packaging for purposes of displaying the
marijuana item for sale or transfer to a qualifying patient or designated caregiver, the packaging
must have a principal display panel.
(c) The principal display panel must contain the product identity, net weight,
and universal symbol, if applicable.
(2) A label required by these rules must:
(a) Be placed on the container and on any packaging that is used to display
the marijuana item for sale or transfer to a qualified patient or designated caregiver.
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(b) Comply with the National Institute of Standards and Technology (NIST)
Handbook 130 (2017), Uniform Packaging and Labeling Regulation, incorporated by reference.
(c) Be in no smaller than 8 point Times New Roman, Helvetica or Arial font;
(i) Statements required by subsections (C)(1)(l)(ii) and (iv) must be in
at least 18 point.
(d) Be in English, though it can also be in other languages; and
(e) Be unobstructed and conspicuous.
(3) Usable marijuana may have one or more labels affixed to the container or
packaging.
(4) Usable marijuana that is in a container that because of its size does not have
sufficient space for a label that contains all the information required for compliance with these
rules:
(a) May have a label on the container that contains usable marijuana and on
any packaging that is used to display usable marijuana for sale or transfer to a qualifying patient
or designated caregiver that includes at least the following:
(i) Information required on a principal display panel, if applicable for
the type of usable marijuana;
(ii) Cultivation facility or dispensary business or trade name and
cultivation facility or dispensary number;
(iii) For cultivation facility or dispensaries, a package unique
identification number;
(iv) Concentration of THC and CBD; and
(v) Required warnings; and
(b) Must include all other required label information not listed in subsection
(4)(a) on an outer container or package, or on a leaflet that accompanies the usable marijuana.
(5) Usable marijuana in a container that is placed in packaging that is used to display
the usable marijuana for sale or transfer to a qualifying patient or designated caregiver must
comply with the labeling requirements in these rules, even if the container qualifies for the
exception under subsection (4).
(6) The universal symbol:
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(a) Must be at least 0.48 inches wide by 0.35 inches high.
(b) May only be used by a cultivation facility or dispensary.
(c) May be downloaded at:
www.healthy.arkansas.gov/Pages/MedMarijuana.aspx
(7) A label may not:
(a) Contain any untruthful or misleading statements including, but not limited
to, a health claim that is not supported by the totality of publicly available scientific evidence
(including evidence from well-designed studies conducted in a manner which is consistent with
generally recognized scientific procedures and principles), and for which there is significant
scientific agreement, among experts qualified by scientific training and experience to evaluate
such claims; or
(b) Be attractive to minors.
(8) Usable marijuana that falls within more than one category must comply with the
labeling requirements that apply to both categories, with the exception of the “DO NOT EAT”
warning if the product is intended for human consumption.
(9) The THC and CBD amount required to be on a label must be the value calculated
by the laboratory that did the testing.
(10) If usable marijuana has more than one test batch number, laboratory, or test
analysis date associated with the usable marijuana that is being sold or transferred, each test
batch number, laboratory and test analysis date must be included on a label.
(11) If usable marijuana is placed in a package that is being re-used, the old label or
labels must be removed and it must have a new label or labels.
(12) Exit packaging must contain a label that reads: “Keep out of the reach of
children.”
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ARKANSAS STATE MARIJUANA REGULATIONS: