Is weed legal in Arkansas? 2026 laws explained

Short answer: No. Recreational weed is illegal in Arkansas: voters rejected legalization in 2022, and the 2024 measure was struck from the count by the state Supreme Court. Medical marijuana is legal with an Arkansas Department of Health card for one of 18 qualifying conditions. Possessing under 4 ounces without a card is a Class A misdemeanor. Delta-8 and other intoxicating hemp products are banned under state law.

Here is what Arkansas law actually says as of October 2026: the penalties, who qualifies for a medical card, how much a patient can buy, the hemp rules, and what changed this year. This is general information, not legal advice.

Is recreational weed legal in Arkansas?

No, and Arkansans have said so at the ballot box. In November 2022, Issue 4, an amendment to legalize possession and sale of cannabis for adults, failed 56.25% to 43.75% (505,130 votes against, 392,940 for) according to the Secretary of State’s official results.

In 2024, a medical-expansion measure, Issue 3, made the ballot but never counted. On October 21, 2024 the Arkansas Supreme Court held in Paschall v. Thurston (2024 Ark. 155) that its popular name was misleading because the amendment would also have legalized possession of up to an ounce for all purposes if federal law changed, and it barred the Secretary of State from counting any votes on it. The official 2024 results report lists only Issues 1 and 2.

So Arkansas is medical-only. That is true in Little Rock as much as anywhere else; our Little Rock cannabis guide covers dispensaries and local rules.

Without a card, possession is a crime. Under A.C.A. § 5-64-419, possessing less than 4 ounces is a Class A misdemeanor, which carries up to one year in jail and a fine of up to $2,500. Possessing one ounce or more with four prior convictions, or 4 ounces to 10 pounds, is a Class D felony: up to six years and a fine of up to $10,000.

Is medical marijuana legal in Arkansas?

Yes. Amendment 98, the Arkansas Medical Marijuana Amendment, passed on November 8, 2016, and the Department of Health counted 119,210 active patient cards as of October 24, 2026. Leafwell certifies new Arkansas patients in person at scheduled events and handles renewals online; details are on the Arkansas medical marijuana card page.

Who qualifies. The Arkansas Department of Health lists 18 qualifying conditions: cancer, glaucoma, HIV/AIDS, hepatitis C, ALS, Tourette’s syndrome, Crohn’s disease, ulcerative colitis, PTSD, severe arthritis, fibromyalgia, Alzheimer’s disease, cachexia or wasting syndrome, peripheral neuropathy, intractable pain that has not responded to ordinary treatment for more than six months, severe nausea, seizures including epilepsy, and severe and persistent muscle spasms including those of multiple sclerosis. Arkansas is one of only a handful of states that names fibromyalgia and severe arthritis outright. Anyone can petition ADH to add a condition; the department must decide within 120 days.

Who certifies you. Only an Arkansas-licensed MD or DO with a DEA registration and a bona fide physician-patient relationship can sign the written certification, and it is valid for 30 days, so apply promptly.

In person first, online after. This is the rule that trips people up. Under Arkansas State Medical Board rule 17 CAR § 140-3201(b)(12), a physician cannot issue your first written certification based on a telemedicine assessment, but recertification by telehealth is allowed. That is why Leafwell sees new Arkansas patients in person and renewals online.

The card. ADH charges a non-refundable $50 application fee, processes applications in up to 14 days, and issues cards valid for up to one year. You print your own card from the online portal; a mailed copy is only sent if you select that option.

Visiting patients. If you hold a card from another state for a condition Arkansas also recognizes, you can apply online as a visiting patient for $50 and buy from Arkansas dispensaries for 90 days per application.

Who cannot get a card. Members of the Arkansas National Guard and the U.S. military are barred by a 2017 law. Patients under 18 need a parent or guardian registered as a caregiver to buy for them.

How much weed can you have in Arkansas?

As of October 2026, from ADH rules and the criminal code:

What about hemp THC, delta-8 and THCA in Arkansas?

Arkansas has one of the strictest hemp regimes in the South, and after two years of litigation it is being enforced.

• Act 629 of 2023 (text) prohibited hemp products containing delta-8, delta-10 and similar THC compounds and added them to Schedule VI. Hemp businesses sued, and a federal district court blocked the law.
• June 24, 2025: the Eighth Circuit vacated that injunction in Bio Gen LLC v. Sanders (No. 23-3237), holding that the 2018 Farm Bill does not stop a state from banning in-state sales of hemp-derived intoxicants.
• Act 934 of 2025 (text) moved consumable hemp regulation to Arkansas Tobacco Control and keeps synthetically converted delta-8, delta-9, delta-10 and their acetate esters in Schedule VI; its THC definition sweeps in HHC, THC-O and THCA as well. News reports say the Attorney General certified the law in April 2026, clearing the way for enforcement.

Non-intoxicating CBD at or below 0.3% delta-9 THC remains legal. Federal law tightens next: lab-made cannabinoids lose their federal “hemp” status on November 12, 2026, and converted cannabinoids such as delta-8, the total-THC standard and a 0.4 mg per-container cap follow on December 11, 2026. Our guide to the federal hemp THC ban explains the dates. State medical programs are unaffected, which makes an ADH card the one legal route to THC in Arkansas.

Have one of Arkansas’s 18 qualifying conditions?

New patients are certified in person at Leafwell’s Arkansas events; renewals happen online. A licensed physician evaluates you either way.

See if you qualify →

How to get a medical card in Arkansas

1. Confirm your condition is on the list. ADH only accepts the 18 conditions above or one added by petition.
2. Get certified by an Arkansas physician. First-time patients must be seen in person; Leafwell schedules in-person certification events around the state (see the Arkansas medical card page for locations and dates). The certification form is valid for 30 days.
3. Apply to ADH online. Upload the certification, a copy of your Arkansas driver’s license or state ID, and pay the $50 non-refundable fee.
4. Wait up to 14 days. ADH emails you when the application is reviewed; log in and print your card. Tick the box if you also want a mailed copy.
5. Shop at a licensed dispensary. Dispensaries are licensed by the state’s Alcoholic Beverage Control agency, not ADH. Keep product in its dispensary packaging.

Costs beyond the state fee vary; our medical marijuana card cost guide compares states.

Arkansas medical marijuana card renewal

Renewing is simpler than the first application. You can renew up to 60 days before your card expires. You need the same three things as a new applicant: the registry application form, a new physician certification (the old one cannot be reused), and the $50 fee, plus your ID copy. The difference is the appointment: recertification can be done by telehealth, so returning patients can complete the physician step online through Leafwell. ADH takes up to 14 days to process renewals, and your legal protection lapses the day the old card expires, so do not wait. Our renewal guide has the general timeline.

Arkansas cannabis laws: what changed in 2026

• Hemp enforcement arrived. With the Eighth Circuit’s 2025 ruling in place and Act 934 certified, delta-8 and similar products are coming off Arkansas shelves.
• Caregiver background-check fee: ADH added a $40 criminal-background fee for caregiver applicants effective October 1, 2026. Patient and caregiver card fees stay at $50.
• Federal rescheduling: state-licensed medical marijuana became Schedule III on April 28, 2026. It is still a controlled substance federally, so a card does not help with federal employment, firearms (18 U.S.C. § 922(g)(3) is unchanged and the ATF’s Form 4473 revision is not final) or DOT-regulated jobs.
• Federal hemp deadlines: November 12 and December 11, 2026, as above.
• Unchanged: no adult-use program, the in-person rule for first certifications, the 18-condition list, the $50 fee, the one-year card and the 2.5 oz per 14-day purchase limit.

Check the ADH pages and statutes linked above before relying on any figure here; rules and fees change.