Is cannabis legal in Arkansas?

Cannabis is legal in Arkansas only for registered medical cannabis patients under Amendment 98 (the Arkansas Medical Marijuana Amendment of 2016). Recreational cannabis remains fully illegal under Ark. Code § 5-64-419. Approximately 115,275 patients were registered as of March 2026.

What is the penalty for marijuana possession in Arkansas?

Less than 4 ounces for a first offense is a Class A misdemeanor — up to 1 year in jail and a $2,500 fine. 4 oz to under 10 lbs is a Class D felony (up to 6 years). 10 lbs+ jumps to a Class C felony with a 3-year mandatory minimum. 500 lbs+ is a Class Y trafficking felony — 10 to 40 years or life under § 5-64-440.

How do I get an Arkansas medical marijuana card?

Get a written certification from an Arkansas-licensed M.D. or D.O. with a federal DEA registration (NPs and PAs cannot certify in Arkansas). Then apply at mmj.adh.arkansas.gov with the $50 non-refundable application fee. Processing takes up to 14 days; the card is valid for 1 year. National Guard and U.S. military members are statutorily barred from cardholding.

Can I grow cannabis at home as an Arkansas medical patient?

No. Amendment 98 § 6(b) explicitly bars patients from growing their own cannabis. Possession of paraphernalia "with purpose to grow marijuana" is a Class D felony under Ark. Code § 5-64-443 — making home cultivation a felony trap even for cardholders.

Is Weed Legal in Arkansas? AR Cannabis Laws & Marijuana Laws

Legal Disclaimer: This information reflects Arkansas cannabis law as of May 2026 and is for educational purposes only. It is not legal advice. Laws and regulations change — always verify current rules with the Arkansas Department of Health, Medical Marijuana Section or a qualified attorney. Cannabis remains illegal under federal law.

Last verified: May 2026

The Short Answer

Cannabis in Arkansas is legal only for registered medical cannabis patients under the Arkansas Medical Marijuana Amendment of 2016 (Amendment 98 to the Arkansas Constitution; codified at Ark. Code § 20-56-101 et seq.). All other use, possession, sale, cultivation, distribution, and importation remains illegal under the state Uniform Controlled Substances Act (Ark. Code Title 5, Chapter 64). Cannabis is a Schedule VI controlled substance under Ark. Code § 5-64-419(b)(5).

Amendment 98

2016 voter mandate

115,275

Active cards (Mar 2026)

$291M

2025 sales (record)

Class Y

500+ lbs trafficking

Key Facts at a Glance

Recreational	Illegal. Issue 4 (2022) failed 56.25% No / 43.75% Yes; Issue 3 (2024) enjoined before votes counted.
Medical	Legal under Amendment 98 for registered patients with a qualifying condition (18 conditions under § 2(13)).
Decriminalization	None. <4 oz first offense is a Class A misdemeanor — up to 1 year jail / $2,500 fine.
Schedule	Schedule VI under Ark. Code § 5-64-419(b)(5).
Home Cultivation	Prohibited — even for registered patients (Amendment 98 § 6(b)). Paraphernalia "to grow" is a Class D felony.
Patient Limit	2.5 oz per 14-day rolling period. Edibles 10 mg/serving cap. No flower or concentrate THC cap.
Trafficking Trigger	500 lbs+ — Class Y felony, 10–40 yrs or life (§ 5-64-440).
Initiative Process	Citizen-initiative process intact but increasingly constrained. Save AR Democracy 2026 effort failed to qualify.
Edgmon Reversal	Dec 2025: AR Supreme Court holds the legislature can amend voter-passed amendments (incl. Amendment 98) by 2/3 vote.
Workplace Protection	Effectively none. § 3(f)(3) preserves drug-free-workplace rights for employers.
Hemp / Delta-8	Banned under Act 629 (2023) and Act 934 (2025), enforcement certified Aug 27, 2025.

The Statutory Framework

Arkansas cannabis law lives in three main places:

Ark. Code Title 5, Chapter 64 (Uniform Controlled Substances Act) — the criminal-prohibition framework. § 5-64-419 is the possession/penalty schedule. § 5-64-420 is delivery. § 5-64-440 is trafficking. § 5-64-443 is paraphernalia — including paraphernalia "to grow", which is a Class D felony in itself.
Constitutional Amendment 98 (the Arkansas Medical Marijuana Amendment of 2016) — the voter-passed medical carve-out. Defines qualifying conditions (§ 2(13)), patient registration, practitioner certification, the 2.5 oz / 14-day purchase limit (§ 3(a)), the 8 cultivator / 40 dispensary cap (§ 8), and the home-cultivation ban (§ 6(b)).
Ark. Code § 20-56-101 et seq. and ADH Rules — the implementing statutes and the Arkansas Department of Health Rules Governing the Arkansas Medical Marijuana Program.

The Recreational Possession Schedule

Weight	Classification	Maximum Penalty
Less than 4 oz (first offense)	Class A misdemeanor	Up to 1 year jail / $2,500 fine.
1 oz – <4 oz with 4+ prior § 5-64-419 convictions	Class D felony	Up to 6 years prison / $10,000.
4 oz – <10 lbs	Class D felony	Up to 6 years prison / $10,000.
10 lbs – <25 lbs	Class C felony	3–10 years (3-yr mandatory minimum) / $10,000.
25 lbs – <100 lbs	Class B felony	5–20 years (5-yr mandatory minimum) / $15,000.
100 lbs – <500 lbs	Class A felony	6–30 years (6-yr mandatory minimum) / $15,000.
500 lbs or more	Class Y felony (trafficking, § 5-64-440)	10–40 years or life.

Source: Ark. Code §§ 5-64-419(b)(5), 5-64-440. Delivery / cultivation under §§ 5-64-420, 5-64-436, 5-64-438 follow the same weight ladders. Delivery within 1,000 feet of a school, park, daycare, or housing project (§ 5-64-411) carries an additional 10-year enhancement.

Four Agencies Share Oversight

The medical program is split across multiple regulators:

Arkansas Medical Marijuana Commission (AMMC) — five gubernatorially appointed commissioners; administers business licensing under Amendment 98 § 8 (cultivators, dispensaries, processors, transporters).
Arkansas Department of Health (ADH), Medical Marijuana Section — issues patient and caregiver registry ID cards under Amendment 98 § 5. Portal: mmj.adh.arkansas.gov.
Alcoholic Beverage Control Division (ABC), an arm of the Department of Finance and Administration — handles licensee inspections, enforcement, and the seed-to-sale tracking system.
Department of Finance and Administration (DFA) — collects all medical-cannabis taxes (the 6.5% sales tax + the 4% privilege tax on both wholesale and retail).

Three Layers of Arkansas Cannabis Law

The criminal layer (§ 5-64-419) — what makes recreational possession a crime, ranging from Class A misdemeanor to Class Y felony life sentence.
The medical layer (Amendment 98) — the structured constitutional carve-out for registered patients, with the 2.5 oz cap, the home-grow ban, and the 18-condition list.
The federal-employer layer — Walmart Inc. (Bentonville HQ, world’s largest private employer), Tyson Foods, J.B. Hunt (DOT-regulated), Little Rock AFB, Pine Bluff Arsenal, Fort Eisenhower regional employers, the VA Ozarks system. Federal drug-testing reaches deep into the Arkansas workforce regardless of state medical card.

A Brief History

Nov 8, 2016 — Issue 6 / Amendment 98 passes 53.11% to 46.89% — the first Bible Belt medical-cannabis program approved at the ballot box.
May 10, 2019 — First legal sale at Doctor’s Orders RX (now Suite 443) outside Hot Springs — 913 days after voter approval.
Nov 8, 2022 — Issue 4 (recreational) defeated 505,128 to 392,938.
Apr 2023 — Act 629 / SB 358 (Sen. Tyler Dees) bans hemp-derived intoxicants.
Oct 21, 2024 — Issue 3 (medical expansion) enjoined 4–3 by AR Supreme Court before votes counted.
Feb 20, 2025 — SB 59 / Act 122 routes cannabis tax revenue to free school breakfast.
Jul 1, 2025 — 8th Circuit reverses Bio Gen federal injunction; Act 934 enforcement triggers.
Aug 27, 2025 — AG Tim Griffin certifies hemp-intoxicant enforcement; DFA seizes 6,000+ products in three months.
Dec 2025 — AR Supreme Court reverses 1951 Edgmon precedent; legislature now may amend voter-passed amendments by 2/3 vote.

Comparison with Regional Peers (May 2026)

State	Status (May 2026)	Access for AR Cardholders
Missouri (north)	Adult-use legal (Nov 2022)	No reciprocity; rec available 21+ inside Missouri only.
Oklahoma (west)	Medical only (2018) — ~1,698 active dispensaries; ~half AR prices	30-day temporary out-of-state license, $100 via OMMA.
Tennessee (east)	CBD only	None. TN demand flows into West Memphis (Arkansas).
Mississippi (southeast)	Medical only (2022)	Mutual visiting-patient access; light cross-traffic (river barrier).
Texas (southwest)	Compassionate Use Program only (low-THC oil)	None. TX patients hold no qualifying state-issued card — ineligible for AR visiting-patient access.
Louisiana (south)	Medical pharmacy-only	LA cardholders may apply for AR visiting-patient access. AR cardholders cannot purchase in LA.

⚠️ Crossing any state line with cannabis — even between two legal states — remains a federal felony under the Controlled Substances Act. Arkansas State Police, Federal interdiction units, and county sheriffs operate active interdiction along I-30, I-40, I-49, US-71, US-271, and I-540.

Where to Read More

This overview connects to detailed pages on Arkansas DUI Cannabis &..., Arkansas Cannabis Trafficking, Arkansas Cannabis Racial..., and Arkansas Cultivation Laws.

Possession Penalties

The full § 5-64-419 weight ladder.

Amendment 98 / AMMP

The voter-passed program in detail.

Trafficking — Class Y

The 500-lb life-sentence trigger.

Edgmon Reversal

Why Amendment 98 is suddenly vulnerable.

Is Cannabis Legal in Arkansas? Medical-Only Since May 2019