Arkansas Marijuana Law
Updated July 19, 2024
Current Status: Medical
In Arkansas, marijuana is still considered a Schedule VI controlled substance at the state level. This means that possession and use of marijuana for recreational purposes is illegal. However, in November 2016, Arkansas voters approved Issue 6, also known as the Medical Marijuana Amendment. This amendment legalized the use of medical marijuana for qualifying patients with certain conditions. Despite the legalization of medical marijuana, possession and use of recreational marijuana is still illegal in Arkansas.
Public Consumption Laws
In Arkansas, it is illegal to consume marijuana in public spaces. This includes any form of consumption, such as smoking, vaping, or eating edibles. Doing so can result in a misdemeanor charge and up to one year in jail. It is important for individuals to consume medical marijuana only in private spaces with the permission of the property owner.
Cannabis DUI Laws
Driving under the influence of marijuana is illegal in Arkansas. The state has a zero-tolerance policy for driving while under the influence of any controlled substance, including marijuana. This means that even trace amounts of THC in a person's system can result in a DUI charge. Penalties for a first-time offense include up to one year in jail and a fine of up to $1,000. Repeat offenses can lead to harsher penalties, including longer jail time and higher fines.
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. However, the Medical Marijuana Commission has stated that they will consider allowing limited cultivation licenses for patients who live more than 20 miles away from a dispensary.
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 medical marijuana patients, there are limits on the amount they can possess at one time. Currently, patients can have up to 2.5 ounces of usable marijuana.
Brief Legislative History
- Early 1900s, the state passed the Uniform Narcotic Drug Act, which made possession and sale of marijuana illegal.
- 1971, the legislature decriminalized possession of small amounts of marijuana, making it a misdemeanor rather than a felony offense.
- 2016, Arkansas took a major step towards legalization by approving Issue 6 for medical marijuana use.
"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."