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2-15-404. State Plant Board — Research program.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-15-404. State Plant Board — Research program.
(a)(1) The State Plant Board may adopt rules to administer the industrial hemp research program and to license persons to grow industrial hemp under this subchapter.
(2) The board may include as part of its rules the establishment of industrial hemp testing criteria and protocols.
(b)(1) The board shall promote research and development concerning industrial hemp and commercial markets for Arkansas industrial hemp and hemp products.
(2) The board may work in conjunction with the Division of Agriculture of the University of Arkansas and the University of Arkansas Cooperative Extension Service regarding industrial hemp research programs.
(3)(A) The board may undertake research concerning industrial hemp production through the establishment and oversight of a ten-year industrial hemp research program.
(B) In conjunction with the Division of Agriculture of the University of Arkansas, the board may create a program consisting primarily of demonstration plots planted and cultivated in this state by growers licensed under this subchapter.
(C) The board may determine the location, and the total number and acreage, of each demonstration plot.
(D)(i) In conducting research under this subchapter, higher tetrahydrocannabinol concentration varieties of industrial hemp may be grown to provide breeding strains to revitalize the production of industrial hemp.
(ii) However, tetrahydrocannabinol levels shall not exceed three-tenths of one percent (0.3%).
(4) The board may seek permits or waivers from the United States Drug Enforcement Administration or the appropriate federal agency that are necessary for the advancement of the industrial hemp research program.
(5) In conjunction with the Division of Agriculture of the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-15-404
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:2-15-404
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 12584351ab407b0c1e79a79151f1861b8597ad4b8b5c6708d92d58333aa35287
Source location: content.xml paragraph 2473
Stored source content
2-15-404. State Plant Board — Research program.
(a)(1) The State Plant Board may adopt rules to administer the industrial hemp research program and to license persons to grow industrial hemp under this subchapter.
(2) The board may include as part of its rules the establishment of industrial hemp testing criteria and protocols.
(b)(1) The board shall promote research and development concerning industrial hemp and commercial markets for Arkansas industrial hemp and hemp products.
(2) The board may work in conjunction with the Division of Agriculture of the University of Arkansas and the University of Arkansas Cooperative Extension Service regarding industrial hemp research programs.
(3)(A) The board may undertake research concerning industrial hemp production through the establishment and oversight of a ten-year industrial hemp research program.
(B) In conjunction with the Division of Agriculture of the University of Arkansas, the board may create a program consisting primarily of demonstration plots planted and cultivated in this state by growers licensed under this subchapter.
(C) The board may determine the location, and the total number and acreage, of each demonstration plot.
(D)(i) In conducting research under this subchapter, higher tetrahydrocannabinol concentration varieties of industrial hemp may be grown to provide breeding strains to revitalize the production of industrial hemp.
(ii) However, tetrahydrocannabinol levels shall not exceed three-tenths of one percent (0.3%).
(4) The board may seek permits or waivers from the United States Drug Enforcement Administration or the appropriate federal agency that are necessary for the advancement of the industrial hemp research program.
(5) In conjunction with the Division of Agriculture of the University of Arkansas, the board may:
(A) Oversee and analyze the growth of industrial hemp by selected and licensed growers for agronomy research and analysis of required soils, growing conditions, and harvest methods relating to the production of industrial hemp that may be suitable for various commercial hemp products, including without limitation industrial hemp seed, paper, clothing, and oils;
(B) Conduct seed research on various types of industrial hemp that are best suited to be grown in Arkansas, including without limitation:
(i) Creation of Arkansas hybrid types of industrial hemp;
(ii) Industrial hemp seed availability; and
(iii) In-the-ground variety trials and seed production;
(C) Establish a program to recognize certain industrial hemp seed as being Arkansas heritage hemp seed;
(D) Study the economic feasibility of developing an industrial hemp market in various types of industrial hemp that can be grown in the state;
(E) Report on the estimated value-added benefits, including environmental benefits, that Arkansas businesses could reap by having an industrial hemp market of Arkansas-grown industrial hemp varieties in the state;
(F) Study the agronomy research being conducted worldwide relating to industrial hemp varieties, production, and utilization;
(G) Research and promote Arkansas industrial hemp and hemp seed on the world market that can be grown on farms in the state; and
(H) Study the feasibility of attracting federal and private funding for the Arkansas industrial hemp research program.
(6) The board may:
(A) Coordinate with the Arkansas Energy Office of the Division of Environmental Quality to study the use of industrial hemp in new energy technologies, including without limitation:
(i) Evaluation of the use of industrial hemp to generate electricity, and to produce biofuels and other forms of energy resources;
(ii) Growth of industrial hemp on reclaimed mine sites;
(iii) Use of hemp seed oil in the production of fuels; and
(iv) Assessment of the production costs, environmental issues, and costs and benefits involved with the use of industrial hemp for energy; and
(B) Promote awareness of the financial incentives that may be available to agribusiness and manufacturing companies that manufacture industrial hemp into hemp products to:
(i) Attract new businesses to the state;
(ii) Create a commercial market for industrial hemp;
(iii) Create new job opportunities for Arkansas residents; and
(iv) Diversify the agricultural economy of the state.
(7) The research activities under this subchapter shall not:
(A)(i) Subject the industrial hemp research program to criminal liability under the controlled substances laws of the state.
(ii) The exemption from criminal liability under subdivision (b)(7)(A)(i) of this section is a limited exemption that shall be strictly construed and that shall not apply to an activity of the industrial hemp research program that is not expressly permitted under this subchapter; or
(B) Amend or repeal by implication a provision of the Uniform Controlled Substances Act, § 5-64-101 et seq.
(8) The board shall notify the Division of Arkansas State Police and each local law enforcement agency with jurisdiction of the duration, size, and location of all industrial hemp demonstration plots.
(9) The board may cooperatively seek funds from both public and private sources to implement the industrial hemp research program created in this subchapter.
(10) By December 31, 2018, and annually thereafter, the board shall report on the status and progress of the industrial hemp research program to the Governor and to the Department of Agriculture.
(11) The board may establish and collect fees to administer the industrial hemp research program.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-101. Definitions.
As used in this chapter:
(1) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by:
(A) A practitioner; or
(B) The patient or research subject at the direction and in the presence of the practitioner;
(2)(A) “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.
(B) “Agent” does not include a common or contract carrier, public warehouseman, or employee of the common or contract carrier or warehouseman;
(3)(A) “Anabolic steroid” means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestin, and corticosteroid that promotes muscle growth.
(B)(i) “Anabolic steroid” does not include an anabolic steroid that is expressly intended for administration through an implant to cattle or another nonhuman species and that has been approved by the Secretary of the Department of Health for such administration.
(ii) If any person prescribes, dispenses, or distributes a steroid described in subdivision (3)(B)(i) of this section for human use, the person is considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subdivision (3);
(4) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through VI;
(5)(A) “Counterfeit substance” means a noncontrolled substance, that by overall dosage unit appearance including color, shape, size, markings, packaging, labeling, and overall appearance or upon the basis of representations made to the recipient, purports to be a controlled substance or to have the physical or psychol
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-64-101. This identifies an authority to review, not proof of applicability.