General Provisions

Ark. Code Ann. tit. 20, ch. 56

in effect

Ark. Code Ann. § 20-56-101 Prohibition on over-the-counter diet pills to a person under eighteen years of age.

(a) As used in this section: (1)(A) “Over-the-counter diet pills” means a class of drugs that is labeled and marketed under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as existing on January 1, 2025, for the purpose of achieving weight loss that is lawfully sold, transferred, or otherwise furnished without a prescription. (B) “Over-the-counter diet pills” includes a product marketed with a drug facts panel under federal regulations that contains either approved drug ingredients or ingredients deemed adulterated under 21 U.S.C. § 342, as existing on January 1, 2025, or both; and (2) “Retail establishment” means a vendor that: (A) In the regular course of business, sells over-the- counter diet pills at retail directly to the public, including without limitation a pharmacy, grocery store, other retail store; or (B) Accept orders placed by mail, telephone, electronic mail, internet website, online catalog, or software application. (b) A retail establishment shall not sell, transfer, or otherwise furnish over-the-counter diet pills to a person who is under eighteen (18) years of age. (c) A retail establishment shall request valid identification from a person who attempts to purchase over-the-counter diet pills if that person reasonably appears to the retail establishment to be under eighteen (18) years of age. (d) The Department of Health may promulgate rules to implement this section that may include determinations as to which over-the-counter diet pills are subject to the requirements of this section. (e)(1) A violation of this section is a deceptive and unconscionable trade practice under § 4-88-107 and is subject to the penalties, remedies, and enforcement provisions under the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) In addition to the penalties under subdivision (e)(1) of this section, the department shall impose a fine not to exceed two thousand dollars ($2,000) upon a retail establishment that violates this section.

Ark. Code Ann. § 20-56-224 Labeling of hair relaxers — Legislative findings — Definitions.

(a) The General Assembly finds that certain chemicals used in hair relaxers are linked to harmful impacts on health, such as cancer, birth defects, damage to the reproductive system, organ system toxicity, and endocrine disruption. (b) As used in this section: (1) Carcinogen" means any chemical identified as: (A) A "Group 1 carcinogen" or "Group 2A carcinogen" by the World Health Organization or International Agency for Research on Cancer; (B) A "known to be a human carcinogen" and "reasonably anticipated to be a human carcinogen" by the Secretary of the United States Department of Health and Human Services under the Public Health Service Act, 42 U.S.C. § 241(b)(4), existing on January 1, 2025; and (C) "Group A carcinogens" or "Group B carcinogens" by the United States Environmental Protection Agency; (2) “Hair relaxer” means any product topically applied to hair for the purpose of weakening the structure and curliness of the hair fiber and allowing for a straightening of the hair; and (3) "Reproductive toxicant" means any chemical identified as a reproductive or a developmental toxicant by the United States Department of Health and Human Services, National Toxicology Program, Center for the Evaluation of Risks to Human Reproduction. (c)(1) A hair relaxer being offered for sale in this state that contains a carcinogen or a reproductive toxicant shall provide a clear and conspicuous warning label displayed on the packaging or product itself, which shall be printed in type no less than size twelve-point font, that notifies the consumer at the time of the sale that the hair relaxer contains a carcinogen or reproductive toxicant. (2) The warning label shall state: (A) If a product contains a carcinogen: "This product contains a chemical known to cause cancer"; (B) If a product contains a reproductive toxicant: "This product contains a chemical known to cause birth defects or other reproductive harm"; or (C) If a product contains both a carcinogen and a reproductive toxicant: "This product contains chemicals known to cause cancer and birth defects or other reproductive harm".

Ark. Code Ann. § 20-56-303 Limitations on access to dispensary or cultivation facility.

(a) Except as provided in subsection (b) of this section, a dispensary or a cultivation facility shall not allow access to the dispensary, cultivation facility, or the property of the dispensary or cultivation facility to individuals who: (1) Do not possess a current registry identification card issued by the Department of Health or the Alcoholic Beverage Control Division; or (2) Are not authorized by law to be at the dispensary or cultivation facility. (b)(1) A cultivation facility may allow access by visitors to restricted areas of the cultivation facility if: (A) The visitor: (i) Presents a government-issued identification upon entry; (ii) Wears a visitor designation tag at all times; (iii) Is escorted by authorized personnel at all times in the cultivation facility; (iv) Is not a minor; and (v) Has been invited by the cultivation facility or management personnel of the cultivation facility; and (B) The cultivation facility maintains: (i) A log book recording the name, address, and purpose of the visit for each visitor; and (ii) Video surveillance of the restricted areas. (2)(A) A parent with a registry identification card or a designated caregiver registry identification card may bring his or her child or children into a dispensary or cultivation facility for the purpose of purchasing usable marijuana. (B) A parent without a designated caregiver registry identification card or registry identification card may accompany his or her child who has a registry identification card into a dispensary or cultivation facility for the purpose of purchasing usable marijuana for the child or children.

Ark. Code Ann. § 20-56-305 Prohibitions on advertising and use of certain symbols.

(a)(1) A cultivation facility shall not advertise through any public medium or means designed to market products to the public. (2) A cultivation facility may market products directly to a dispensary by any means directed solely to the dispensary and not available to the public. (b)(1) Advertising for medical marijuana by a dispensary shall not: (A) Contain a statement that is deceptive, false, or misleading; (B) Contain any content that can reasonably be considered to target children, including without limitation: (i) A cartoon character; (ii) A toy; or (iii) Any other similar item or image typically marketed to children; (C) Encourage the transportation of medical marijuana across state lines; (D) Display consumption of marijuana; (E) Contain material that encourages or promotes marijuana for use as an intoxicant; or (F) Contain material that encourages excessive or rapid use or consumption of medical marijuana. (2) Advertising and marketing for medical marijuana shall include at least one (1) of the following statements: (A) “Marijuana is for use by qualified patients only. Keep out of reach of children.”; (B) “Marijuana use during pregnancy or breastfeeding poses potential harms to an unborn child or child.”; (C) “Marijuana is not approved by the United States Food and Drug Administration to treat, cure, or prevent any disease.”; or (D) “Do not operate a vehicle or machinery under the influence of marijuana.” (3) A dispensary shall not make any deceptive, false, or misleading assertion or statement on any informational material, any sign, or any document provided to a consumer. (4) A dispensary shall not place or maintain, or cause to be placed or maintained, any advertisement or marketing material for medical marijuana in the following locations: (A) Within one thousand feet (1,000') of the perimeter of a public or private school or daycare center; (B) On or in a public transit vehicle or public transit shelter; or (C) On or in a publicly owned or operated property. (5)(A) A dispensary shall not utilize television, radio, print media, or the internet to advertise and market medical marijuana, unless the dispensary has reliable evidence that no more than thirty percent (30%) of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under eighteen (18) years of age. (B) Upon request by the Alcoholic Beverage Control Division, a dispensary shall provide the evidence relied upon to make the determination that no more than thirty percent (30%) of the audience for the program, publication, or website in or on which the advertisement is to air or appear is reasonably expected to be under eighteen (18) years of age. (6) A cultivation facility or dispensary shall not offer any coupons, rebates, or promotions for medical marijuana purchases, unless offered as part of a compassionate care plan presented to the Medical Marijuana Commission as part of the application for licensure. (7) A cultivation facility or dispensary, or both, shall not use any of the following images within an advertisement : (A) A cross of any color; (B) A caduceus; or (C) Any other symbol that is commonly associated with the practice of medicine or the practice of pharmacy. (c)(1) A cultivation facility or dispensary shall have no more than three (3) signs visible to the general public from the public right-of-way that identify the cultivation facility or dispensary by the business name of the cultivation facility or dispensary. (2) A sign shall not exceed thirty-six square feet (36 sq. ft.) in length or width. (3) A sign shall be placed inside the window of the cultivation facility or dispensary or attached to the outside of the building of the cultivation facility or dispensary. (4) A sign shall not display any content or symbol that: (A) Can reasonably be considered to target children, including without limitation: (i) A cartoon character; (ii) A toy; or (iii) A similar image or item typically marketed to children; or (B) Is commonly associated with the practice of medicine or the practice of pharmacy, including without limitation: (i) A cross of any color; (ii) A caduceus; or (iii) Any other symbol that is commonly associated with the practice of medicine, the practice of pharmacy, or health care in general.

Ark. Code Ann. § 20-56-307 Visiting qualifying patient registry identification card.

A registry identification card for a visiting qualifying patient shall be extended for a period of ninety (90) days.

Ark. Code Ann. § 20-56-308 Firearm rights protections.

(a) The General Assembly finds that under Arkansas Constitution, Amendment 98, § 5(f), a person’s status as a qualifying patient or designated caregiver is confidential. (b) The Department of Health shall not disclose the identity of a person who has been issued a registry identification card to the Division of the Arkansas State Police for the purpose of facilitating a criminal history record check or any other background check related to the issuance of a license to carry a concealed handgun under § 5-73-301 et seq. (c) The Director of the Division of Arkansas State Police shall not consider a person’s status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, § 2, in determining whether an applicant or licensee is eligible to be issued a license to carry a concealed handgun under § 5-73-301 et seq.

Ark. Code Ann. § 20-56-309 Testing of processed marijuana product — Definition.

(a)(1) As used in this section, "processed marijuana product" means a marijuana product intended for human consumption that has been altered from the usable marijuana under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, by extraction, concentration, encapsulation, chemical manipulation, or other process. (2) "Processed marijuana product" includes without limitation edibles, oils, concentrations, tinctures, topicals, inhalables, and other forms of marijuana that have been infused or processed. (3)(A) "Processed marijuana product" is separate and distinct from marijuana paraphernalia that requires the combustion of marijuana to be properly utilized, including pipes, water pipes, bongs, chillums, rolling papers, and roach clips. (B) "Processed marijuana product" is not subject to prohibitions that are applicable to paraphernalia. (b) All processed marijuana products shall be tested after being fully processed and in the form of a finished product suitable for packaging. (c) The testing under this section shall comply with the rules of the Department of Health and include without limitation the testing of: (1) Pesticides; (2) Heavy metals; (3) Microbiological contaminants; (4) Residual solvents; and (5) Concentrations of tetrahydrocannabinol and cannabidiol. (d) This section does not authorize or prohibit any specific product including without limitation prerolls, blunts, or any other ready-made inhalables.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026