Arkansas Marijuana Law
Updated October 06, 2025
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 cannabis is illegal in Arkansas, but the state does not use a zero-tolerance or "per se" legal limit for THC. Instead, prosecutors must prove that the marijuana actively impaired your coordination, judgment, or driving ability. Law enforcement relies on driving behavior, field sobriety tests, and evaluations by trained drug recognition experts to establish this impairment. Having a valid Arkansas medical marijuana card is not a legal defense if you are driving while under the influence of cannabis.
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. Currently, patients can have up to 2.5 ounces of usable marijuana per 14-day period.
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 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.