Fact Checked by Doctor NameIntroduction of Arkansas Marijuanas Laws
Table of Contents
In the last ten years, Arkansas Marijuana Laws have evolved dramatically from some of the most challenging policies in the U.S.
Historically, even minor possession resulted in fines and jail time. Attitudes and regulations have become less punitive for minor cannabis offenses in recent years. But public attitudes gradually shifted in favor of cannabis reform.
In 2016, Arkansas residents voted to legalize medical marijuana by passing Amendment 98 to the state constitution.
Over 53% of Arkansas voters supported the 2016 Medical Marijuana Amendment. It established the regulatory framework to license dispensaries and cultivators.
The amendment also formed the Medical Marijuana Commission to oversee the program.
Patients first obtained medical marijuana legally in May 2019 when dispensaries opened. As of July 2023, 5 licensed cultivation facilities operate, and 32 dispensaries serve patients nationwide.
Current Status: Is Marijuana Legal in Arkansas?
Although medical cannabis is now accessible for registered patients, recreational marijuana use remains illegal in Arkansas.
There is no decriminalization policy, so possessing without a medical card can still lead to criminal charges.
Some legislators have discussed revising minor possession penalties, but no formal reforms have passed the state legislature yet.
Full recreational legalization may take several more years to materialize in Arkansas.
The only legal use is through the medical marijuana program, while non-medical cannabis continues to be prohibited statewide.
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Medical Marijuana Program in Arkansas
Arkansas has strict regulations surrounding its medical marijuana program. Patients must have one of all qualifying conditions and obtain a medical marijuana registry card from the state.
As of July 2023, over 89,000 patients are registered in the Arkansas medical cannabis program.
To qualify, people must get a signed diagnosis from a qualified doctor that they have one of the allowed diseases, such as:
For Adults, Medical marijuana Qualifying Conditions Include in Arkansas:
- AIDS/HIV
- Alzheimer’s Disease
- Amyotrophic Lateral Sclerosis (ALS)
- Arthritis
- Cachexia or Wasting Syndrome
- Cancer
- Chronic Pain, Muscle Pain and Other Types of Pain
- Crohn’s Disease
- Fibromyalgia
- Glaucoma
- Hepatitis (Hepatitis A, Hepatitis B and Hepatitis C)
- Inflammatory Bowel Diseases (IBDs)
- Multiple Sclerosis (MS)
- Nausea & Vomiting
- Peripheral Neuropathy (PN)
- Post-Traumatic Stress Disorder (PTSD)
- Seizures and Seizure Disorders
- Tourette Syndrome
To get medical marijuana in Arkansas, patients need written approval from their physician confirming they meet the requirements.
This is necessary for Department of Health registration card applications. The patient or caregiver must submit paperwork like an application, Arkansas residency proof, and other documents.
The card costs $50 yearly. It allows patients to access medical cannabis from licensed dispensaries legally.
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Other State Guide to Marijuana Legalization
Medical Marijuana Dispensaries in Arkansas
There are 32 licensed medical marijuana dispensaries operating in Arkansas. Dispensaries must follow strict state protocols.
They can only sell cannabis products to patients and caregivers who provide their registry cards and valid IDs.
Customers have purchase limits of 2.5 ounces every 14 days. Sales are tracked in a statewide database. Prices range from $10-$15 per gram for dried flowers.
Dispensaries offer products like flowers, concentrates, tinctures, topicals, and limited edibles such as capsules and patches.
Food edibles are prohibited. All products must be lab tested for safety and potency.
The Arkansas Medical Marijuana Commission continues to review applications and issue additional dispensary licenses.
The goal is to increase statewide access, particularly in rural areas lacking dispensaries. Future product expansion by dispensaries is also being considered.
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Cannabis Possession and Personal Use in Arkansas
Arkansas has strict possession limits in place for medical marijuana. There is a limit of 2.5 ounces of usable cannabis each 14-day period for registered patients.
Anything above this amount could lead to criminal charges. Patients must also abide by the limit even at home – public and private possession limits are the same.
Usable marijuana includes dried flowers and extracts. The possession limit equates to about 72 grams of dried flower.
Alternatively, patients could purchase cannabis products like 36 grams of wax or shatter concentrates. But the combined total cannot exceed 2.5 ounces.
State law explicitly prohibits removing marijuana from its original packaging supplied by the dispensary.
Patients also cannot give away or re-sell any legally purchased medical cannabis. Only registered patients can consume medical marijuana.
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Weed Cultivation and Home Growing in Arkansas
Unfortunately, Arkansas does not allow patients or anyone else to grow weed at home.
The original 2016 amendment legalizing medical marijuana prohibited home cultivation. And laws have not changed since then. All cannabis grown in Arkansas must be at a licensed cultivation facility.
Attempting to grow any number of marijuana plants at home remains a felony in Arkansas.
There are harsh penalties for illegally cultivating cannabis without proper licensing. Convictions may result in $25,00 penalties and 2–10 years in jail.
The five licensed cultivation facilities supply medical marijuana dispensaries with all cannabis products.
Patients cannot legally obtain clones, seeds, or other plants. While some argue home grows should be permitted for patients, there is no sign of Arkansas relaxing home increase restrictions anytime soon.
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Marijuana and Driving Laws in Arkansas
It is illegal to drive under the influence of cannabis in Arkansas. The state has per se THC limits similar to blood alcohol levels.
Any amount of THC metabolite in the blood (THC-COOH) is considered illegal for drivers. This zero-tolerance policy means that even trace THC residue can lead to a DUI.
Penalties for driving high depend on the individual’s impairment level and criminal record.
But first-time offenses often include:
- Up to 1-year license suspension
- Fines up to $1,000
- Mandatory substance abuse course
Repeat offenses incur steeper consequences, including longer suspensions, increased fines, and potential jail time.
Drivers accused of a cannabis DUI can be required to take field sobriety, blood, or urine tests. Refusing to submit to testing can result in automatic license suspension.
Public Consumption and Smoking Laws
The Arkansas Medical Marijuana Amendment prohibits consuming medical cannabis in public places.
Only private property or landowner approval allows marijuana usage. Lighting up in any general area is illegal, even for registered patients.
Smoking medical marijuana is also banned anywhere tobacco smoking is prohibited. This includes all indoor public spaces such as bars, restaurants, and businesses.
While vaping cannabis or consuming edibles is more discreet than smoking, shared use of any form remains illegal.
Those caught using medical marijuana products in public can face civil fines. Public consumption leads to criminal charges for illegal possession without a medical card.
It is safest to only use medical cannabis products at home or other private residences. Some hotels may permit medical marijuana use if you have proper documentation.
Cannabis Employment and Drug Testing in Arkansas
Arkansas employers are not required to allow medical marijuana use by employees.
Employees cannot sue for discrimination based solely on a positive drug test for cannabis. Many workplaces still enforce zero-tolerance marijuana policies.
Users of medicinal marijuana in Arkansas are not subject to prosecution “until they used, possessed, or were under the influence of marijuana at work or on the premises.”
Workers can use medical cannabis at home but could face consequences if it impacts their job performance.
Employment protection only applies to medical patients, not recreational consumers. Employers might also ban safety-sensitive workers from using marijuana.
Companies that wish to maintain drug-free workplaces can still test applicants or employees and withdraw job offers/terminate employment for positive THC results.
Minors and Medical Marijuana
There are strict guidelines around minors accessing medical marijuana in Arkansas.
Patients must be 18 or older to obtain a medical cannabis registry card. Minors under 18 can qualify as patients but have additional requirements.
Children’s parents or guardians must agree to and manage medicinal cannabis usage.
The adult must be their designated primary caregiver and make purchases on their behalf from dispensaries. Two doctors must also validate the minor’s medicinal marijuana eligibility.
Recreational Marijuana Advocacy and Legislation in Arkansas
While medical marijuana is now accessible in Arkansas, recreational cannabis remains prohibited.
Some state legislators have supported revising Arkansas Marijuana Laws to allow adult recreational use and retail sales. But there is also strong opposition.
Electing pro-legalization officials will be critical for future reforms.
Two doctors must also validate the minor’s medicinal marijuana eligibility. National groups like the Marijuana Policy Project also provide resources.
There were plans to place a recreational marijuana initiative on the 2022 ballot, but organizers failed to collect sufficient signatures.
The state requires over 89,000 verified signatures, creating a high hurdle for citizen-led legalization efforts.
Marijuana and Federal Laws in Arkansas
Despite many states legalizing marijuana for medical and recreational use, it remains federally illegal across the U.S.
Federal agencies such as the DEA continues to classify cannabis as a Schedule I prohibited drug, meaning it is unlawful and has no recognized medical application according to federal policy.
This conflicts with state and federal laws.
Under federal law, possessing any amount of cannabis is illegal nationwide.
Federal penalties include potential criminal charges for possession, distribution, and conspiracy. But the DOJ currently defers to individual Arkansas Marijuana Laws through the Cole Memo. States retain the power to regulate local cannabis activity.
However, federal laws can change anytime, depending on DOJ direction. Banking limitations and restrictions on firearms purchases also stem from federal prohibition.
Patients and consumers use marijuana legally under the USA marijuana state laws at their own risk.
Marijuana-Related Crimes and Penalties in Arkansas
Despite medical legalization, Arkansas maintains harsh penalties for unauthorized possession or sale of cannabis.
Penalties depend for amount, usage, criminal history, and other variables. Some Major penalties for marijuana crimes can include the following:
- Having under 4 ounces of marijuana can bring misdemeanor charges punishable by up to 1 year in jail and fines of up to $2,500. Higher amounts trigger felony charges.
- Manufacturing or growing marijuana carries fines up to $25,000 and 2 to 10 years imprisonment. Cultivating any amount remains a felony.
- Delivery or sale of less than 10 pounds may result in up to 5 years in prison and a maximum fine of $10,000. Harsher penalties apply for larger quantities.
- Purchasing or possessing marijuana near certain facilities leads to additional penalties and fines.
- False IDs for medicinal cannabis may lead to penalties and prison time.
While penalties are lower for medical patients who follow program rules, any unauthorized cannabis activities still incur severe criminal consequences in Arkansas.
Cannabis Industry in Arkansas
The Arkansas medical marijuana industry is still relatively small but expanding. As of mid-2023, five licensed cultivation facilities are producing medical cannabis:
- Bold Team LLC
- Natural State Medicinals Cultivation
- Osage Creek Cultivation
- Good Day Farm
- Delta Medical Cannabis Company Inc.
These five cultivators supply the state’s 32 licensed dispensaries with medical marijuana products. The original licenses were awarded in 2018 based on merit scoring.
As the market grows, additional cultivator and dispensary licenses may be issued. This will spur job creation and industry investments in Arkansas.
Frequently Asked Questions
Q: Is it legal to grow marijuana at home in Arkansas?
A: No, home growing is still illegal, even for medical patients. The only legal grows are at state-licensed cultivation facilities.
Q: How can I obtain medical cannabis?
A: You must visit an approved dispensary and provide your registry card plus ID to make purchases. The general public can’t buy from dispensaries.
Q: What are the penalties for underage use?
A: Depending on the circumstances, minors face potential drug charges, fines, counseling/treatment programs, license suspension, or jail time.
Q: Can medical marijuana be taken across state lines?
A: It’s unlawful to transfer cannabis over state boundaries, even to legal states. Airports also prohibit traveling with marijuana despite state laws.
Q: How much does a medical card cost?
A: Patients must pay a $50 application fee for the medical marijuana registry card, then $50 per year for renewal. Low-income patients may request a reduced $20 renewal fee.
Conclusion
While far from broad open legalization, Arkansas has made progress with medical marijuana regulations over the past few years.
State-licensed shops provide lab-tested cannabis to patients. But recreational consumers still face harsh penalties with no decriminalization protections in place.
Opportunities exist to expand the current medical program and move toward full adult-use legalization.
However, change in Arkansas tends to happen slowly.
Outdated attitudes that stigmatize cannabis use persist in many areas. But the dispensary sales and tax revenue may ultimately convince legislators further to relax the state’s notoriously strict marijuana prohibitions.
References:
- https://arkansascannabis.org/laws
