Medical Marijuana Labeling Clarification – Official Statement from Jonesboro Police Department Chief Rick Elliott and Craighead County Sheriff Marty Boyd:
“We have reviewed the laws and regulations regarding the packaging of medical marijuana under the AMMA and Arkansas Code Annotated. The regulations require that the medical marijuana leave the dispensary in properly labeled, child-proof packaging. Arkansas Code Annotated 20-56-304(c) also requires that medical marijuana be kept in child-proof packaging even if it is in edible form. Based on these regulations and statue, it is our intention to enforce the requirements that all medical marijuana remain in its original packaging. We understand that there are differing opinions regarding this issue; however, until such time as further clarification is provided by the legislature or the courts, this will be our position. The way the AMMA is written having a medical marijuana certification is an affirmative defense to a possession of controlled substance-related offense. If the rules and regulations of the AMMA are not followed, the ability to use the affirmative defense is lost.”
Police Chief Rick Elliott told NEA Report the “affirmative defense” means you could take the card to court and get the charge dismissed.