Arkansas Medical Marijuana Laws: Complete Guide 2026
Arkansas established its medical marijuana program through Amendment 98 (Arkansas Medical Marijuana Amendment), approved by voters on November 8, 2016. The program began dispensary sales in 2019. Recreational cannabis remains illegal after Issue 4 failed in 2022.
Is Marijuana Legal in Arkansas?
Medical marijuana is legal; recreational is not:
- Medical Cannabis: Legal since November 8, 2016 (Amendment 98)
- First Dispensary Sales: May 10, 2019
- Recreational Cannabis: ILLEGAL (Issue 4 rejected November 8, 2022)
- Home Cultivation: NOT PERMITTED
Key Legislation
| Law | Citation | Effective Date |
|---|---|---|
| Arkansas Medical Marijuana Amendment | Arkansas Constitution, Amendment 98 | November 8, 2016 |
| Medical Marijuana Implementation Rules | Arkansas Code § 20-56-401 et seq. | 2017 |
| Act 1073 (Physician Certification Rules) | Arkansas Session Laws | 2017 |
| ABC Rule 1 (Program Regulations) | Arkansas Alcoholic Beverage Control | Ongoing |
Regulatory Agencies
Arkansas Department of Health (ADH)
- Patient and caregiver registration
- Website: healthy.arkansas.gov/medical-marijuana
- Phone: (501) 682-4042
Alcoholic Beverage Control Division (ABC)
- Licensing and enforcement for dispensaries and cultivation facilities
- Website: dfa.arkansas.gov/abc
Qualifying Medical Conditions
Under Amendment 98, the following conditions qualify for medical marijuana:
- Cancer
- Glaucoma
- Positive status for HIV/AIDS
- Hepatitis C
- Amyotrophic lateral sclerosis (ALS)
- Tourette's syndrome
- Crohn's disease
- Ulcerative colitis
- Post-traumatic stress disorder (PTSD)
- Severe arthritis
- Fibromyalgia
- Alzheimer's disease
- Cachexia or wasting syndrome
- Peripheral neuropathy
- Intractable pain (chronic, severe pain lasting 6+ months)
- Severe nausea
- Seizure disorders (including epilepsy)
- Severe and persistent muscle spasms (including MS)
- Any other condition approved by ADH or a qualified physician certification
Possession Limits (Medical Patients)
Under Amendment 98, registered patients may possess:
| Product Type | Limit |
|---|---|
| Usable marijuana | 2.5 ounces per 14-day period |
| Cannabis products | Equivalent to 2.5 oz |
| Edibles | 10 mg THC per serving maximum |
Note: Arkansas uses a seed-to-sale tracking system (METRC) to monitor patient purchases and ensure compliance with the 2.5 oz/14-day limit.
Home Cultivation
Home cultivation is NOT permitted in Arkansas.
All medical marijuana must be purchased from a licensed dispensary. Attempts to legalize home cultivation have been blocked by legal and administrative hurdles.
Patient Registration
Requirements:
- Arkansas resident with valid state ID
- Written certification from a licensed Arkansas physician
- Complete application via ADH patient portal
- Pay $50 non-refundable application fee
- Processing time: approximately 14 business days
Card Validity: 1 year from issuance
Caregiver Requirements
Patients who cannot obtain marijuana themselves may designate a caregiver:
- Must be at least 21 years old
- Must undergo background check ($37 fee)
- Register with Arkansas Department of Health
- May assist one patient (unless caring for family members)
- Cannot be a cultivator, processor, or dispensary employee
Dispensary and Cultivation Licenses
Arkansas maintains strict limits on cannabis businesses:
| License Type | Maximum | Current Operational |
|---|---|---|
| Dispensaries | 40 | 38 |
| Cultivation Facilities | 8 | 8 |
All facilities must comply with ABC regulations regarding security, testing, and product standards.
Taxation
Medical Marijuana:
- 4% state privilege tax on cultivators (based on weight)
- 6.5% state sales tax
- Local sales taxes may apply
- Total effective tax rate: Approximately 10-15%
Penalties for Violations
Without a Medical Marijuana Card:
Under Arkansas Code § 5-64-401 et seq.:
| Offense | Classification | Penalty |
|---|---|---|
| Possession < 4 oz | Class A Misdemeanor | Up to 1 year, $2,500 fine |
| Possession 4-25 oz | Class D Felony | Up to 6 years, $10,000 fine |
| Possession > 25 oz | Class C Felony | 3-10 years, $10,000 fine |
| Distribution | Felony | 2-40 years depending on amount |
| Cultivation | Felony | 4-20 years depending on amount |
| Near school/public park | Enhanced | Double penalties |
Additional Penalties:
- Mandatory driver's license suspension for any marijuana conviction
- Possible drug treatment court for first-time offenders
With a Medical Marijuana Card:
| Violation | Penalty |
|---|---|
| Exceeding possession limits | Card suspension/revocation |
| Public consumption | Misdemeanor, card suspension |
| Providing to non-patient | Criminal charges, card revocation |
| Driving under influence | DUI charges (see below) |
Driving Under the Influence
Driving under the influence of cannabis is prohibited under Arkansas Code § 5-65-103, regardless of medical patient status.
Arkansas uses a zero-tolerance standard for marijuana - any detectable amount of THC can result in DUI charges.
DUI Penalties:
- 1st offense: 1 day to 1 year jail, $150-$1,000 fine, 6-month license suspension
- 2nd offense (within 5 years): 7 days to 1 year jail, $400-$3,000 fine, 24-month suspension
- 3rd offense: Felony, 90 days to 1 year jail, $900-$5,000 fine, 30-month suspension
Medical patients are NOT exempt from DUI laws.
Employment Rights
Arkansas does NOT have explicit employment protections for medical marijuana patients.
- Employers may maintain drug-free workplace policies
- Employers may refuse to hire or terminate based on positive drug test
- Employers may prohibit cannabis use on company property
- No protection against adverse employment actions due to off-duty use
Note: Legislative discussions in 2025 have explored potential employment protections for medical marijuana cardholders, but no law has been enacted as of December 2025.
Telehealth Evaluations
Arkansas permits telehealth evaluations for medical marijuana certifications:
- Initial certification via telehealth allowed
- Follow-up certifications via telehealth allowed
- Must use Arkansas-licensed physician
- Patient must be physically located in Arkansas during evaluation
Recent Legislative Developments (2026)
Act 271 (HB1452) – March 2025: Mandates transportation of medical cannabis in sealed, childproof containers to enhance safety and reduce accidental ingestion.
SB59 – March 2025: Redirects medical cannabis tax revenue toward funding student breakfast programs statewide.
HB1889 – April 2025 (VETOED): Proposed dispensary drive-through and delivery services; vetoed by Governor Sanders citing regulatory and safety concerns.
Issue 4 (2022) - Recreational Defeated
On November 8, 2022, Arkansas voters rejected Issue 4 (Arkansas Adult Use Cannabis Amendment), which would have legalized recreational marijuana. The measure failed with approximately 44% yes to 56% no.
Recreational cannabis remains illegal in Arkansas.
Program Statistics
As of late 2025:
- 110,000+ active medical marijuana patients
- 38 operational dispensaries
- 8 operational cultivation facilities
- Significant program growth since first sales in May 2019
Key Resources
- Arkansas Department of Health Medical Marijuana: healthy.arkansas.gov/medical-marijuana
- Patient Application Portal: ADH Online Services
- ABC Division (Licensing): dfa.arkansas.gov/abc
- Arkansas Constitution Amendment 98: arkleg.state.ar.us
- Arkansas Code Title 20 Chapter 56: arkansas.gov/health
Timeline of Medical Marijuana in Arkansas
| Date | Event |
|---|---|
| November 8, 2016 | Amendment 98 approved by voters |
| 2017 | ADH begins patient registration |
| 2018 | First cultivation facility licenses issued |
| May 10, 2019 | First dispensary sales begin |
| November 8, 2022 | Issue 4 (recreational) rejected by voters |
| 2025 | Program exceeds 110,000 active patients |
This information reflects Arkansas cannabis laws as of December 2025. Always consult official state sources and legal counsel for the most current requirements.