Arkansas Cannabis Laws

Cannabis is legal for registered medical cannabis patients in Arkansas. Recreational use is illegal, and cannabis is not decriminalized, meaning using or possessing cannabis without a medical card in the state can incur harsh penalties. Cannabis advocates attempted to pass a constitutional amendment to establish an adult-use program in the state in 2022, but efforts fell short, and the push was unsuccessful.

Medical Marijuana Laws in Arkansas

In 2016, voters approved Amendment 98, creating a medical cannabis program in Arkansas. However, the first medical dispensary did not open until 2019.

To apply for a medical cannabis card in Arkansas, patients must be at least 18. For underage patients, a parent or guardian must register as a caregiver.

In addition to the age limitations, patients must receive a recommendation for medical cannabis from a certified doctor and be a resident of Arkansas. Medical cannabis cardholders can possess up to 2.5 ounces of cannabis and pay a 6.5% sales tax at the register.

Unfortunately, U.S. Military and Arkansas National Guard members are not permitted to obtain a medical card. Cultivation is also not allowed for medical cannabis cardholders.

Additionally, hemp-derived cannabinoids manufactured from CBD, such as delta-8 THC, have been banned in the state. Though, CBD remains legal under the 2018 Farm Bill.

Violating possession limits or purchasing cannabis products from an unlicensed establishment is illegal. Penalties include jail time — which can range from less than a year to 40 years, depending on the severity of the crime — and fines anywhere from $2,500 to $15,000.

What to Know About About Medical Cannabis in Arkansas

Every state differs in the restrictions and rules of its medical cannabis programs. If you plan on applying for your medical card or are visiting the state of Arkansas with an out-of-state card, it’s wise to stay current with the laws regulating medical cannabis in the state.

There Are Certain Qualifying Conditions

To qualify for a medical cannabis card in Arkansas, patients must receive a recommendation from a state-licensed physician from the list of recognized conditions. Qualifying conditions in Arkansas include:

• Alzheimer’s Disease
• Amyotrophic Lateral Sclerosis (ALS), aka Lou Gehrig’s Disease
• Cachexia or Wasting Syndrome
• Cancer
• Crohn’s Disease
• Fibromyalgia
• Glaucoma
• Hepatitis C
• HIV/AIDS
• Intractable Pain (pain that has not responded to ordinary medications, treatment, or surgical measures for more than six months)
• Peripheral Neuropathy
• Post-Traumatic Stress Disorder (PTSD)
• Seizures (including those characteristic of Epilepsy)
• Severe Arthritis
• Severe Nausea
• Severe or persistent muscle spasms, including those characteristics of Multiple Sclerosis (MS)
• Tourette Syndrome
• Ulcerative Colitis
• Any other medical condition or its treatment approved by the Department of Health

Telemedicine Is Allowed for MMJ Certification

To apply for a medical marijuana card in Arkansas, you must schedule an appointment in-person or online with a licensed physician. This can be done by seeing your doctor in person or by meeting with a virtual doctor.

Please note that Leafwell does not offer MMJ certifications for Arkansas residents. Leafwell can only provide telehealth renewals for patients who Leafwell physicians certified through the Arkansas Medical Marijuana Patient Registry System at any point from 3/13/2020 through 5/30/2021.

Arkansas Has Reciprocity Laws

Arkansas recognizes out-of-state medical cannabis cards, but patients must complete a visiting patient application to access services. Additionally, it’s necessary to have a documented condition recognized by the state of Arkansas as a qualifying condition to access medical cannabis in Arkansas.

The following states and territories also have reciprocity laws:

• Arizona
• Hawaii *
• Louisiana
• Maine
• Michigan (at the dispensary’s discretion)
• Nevada
• New Hampshire
• New Jersey *
• New Mexico
• Oklahoma *
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah * (up to two 21-day periods in a calendar year)
• Washington, D.C.

*Visitors must complete a visiting patient application with the state program.

States that have recreational cannabis for adults 21 and older but do not accept out-of-state cards include:

• Alaska
• California
• Colorado
• Connecticut
• Illinois
• Maryland
• Massachusetts
• Minnesota (currently only tribal dispensaries)
• Missouri
• Montana
• New York
• Oregon
• Vermont
• Washington

Can You Grow Cannabis In Arkansas?

Cultivation is illegal in Arkansas, even for registered medical cannabis patients. Cardholders are required to purchase medicine at licensed Arkansas medical dispensaries.

Penalties for growing cannabis include incarceration and fines. Jail time can range from 1-30 years, depending on the severity of the offense. Fines can vary anywhere from $2,500 to $15,000.

The Bottom Line

Medical cannabis is legal in Arkansas. However, recreational cannabis and cultivation are still illegal in the state. Delta-8, delta-10 THC, THC-O, and other minor cannabinoids manufactured from hemp-derived CBD are unlawful.