Arkansas Marijuana Law
Updated August 31, 2026
Current Status: Medical
Marijuana remains a Schedule VI controlled substance under Arkansas law, and possession or use of marijuana for recreational purposes is illegal. However, Arkansas voters approved the Arkansas Medical Marijuana Amendment of 2016 (Amendment 98) on November 8, 2016. Amendment 98 allows qualifying patients who meet the state's requirements to obtain and use medical marijuana. Recreational marijuana remains illegal in Arkansas.
Public Consumption Laws
Arkansas prohibits the use of medical marijuana in any public place where an individual could reasonably be expected to be observed by others. Medical marijuana use is also prohibited in certain other locations, including school buses, school grounds, correctional facilities, motor vehicles, healthcare facilities, and other places specified by Arkansas law. Property owners and establishments are not required to allow visitors to use medical marijuana on their property.
Cannabis DUI Laws
It is illegal to operate or be in actual physical control of a motor vehicle while intoxicated in Arkansas, including when intoxication results from marijuana. Unlike alcohol, for which Arkansas law establishes a per se limit of 0.08 alcohol concentration, Arkansas law does not establish a specific THC concentration that automatically constitutes DWI. A valid Arkansas medical marijuana registry identification card does not authorize a patient to drive while under the influence of marijuana. Arkansas also prohibits the use of medical marijuana in a motor vehicle.
Cultivation Laws
Currently, individuals are not allowed to grow their own marijuana for personal or medical use in Arkansas. The only legal way to obtain medical marijuana is through state-regulated dispensaries.
Possession Laws
Possession of marijuana for recreational purposes is illegal in Arkansas. Possession of any amount can result in criminal charges, fines, and possible jail time. For AR medical marijuana patients, there are limits on the amount they can possess at one time. Registered qualifying patients may purchase up to 2.5 ounces of medical marijuana from a licensed Arkansas dispensary in a 14-day period. Each individual purchase counts against the patient's balance for 14 days, so the balance does not reset every 14 days. A designated caregiver may possess up to 2.5 ounces of medical marijuana on behalf of their qualifying patient. Medical marijuana purchased from a licensed dispensary must remain in the packaging from the dispensary.
Brief Legislative History
- Early 1900s, the state passed the Uniform Narcotic Drug Act, which made possession and sale of marijuana illegal.
- 1971, the Arkansas legislature reduced the penalty for first-offense possession of small amounts of marijuana from a felony to a criminal misdemeanor.
- 2016, Arkansas voters approved the Arkansas Medical Marijuana Amendment (Amendment 98), establishing legal protections for the medical use of marijuana by qualifying patients who meet the state's requirements.
*The information provided in this communication is for general informational purposes only and does not constitute legal advice. For legal advice specific to your situation, please consult a licensed attorney.