Arkansas Marijuana Laws: A Complete 2026 Guide

In Arkansas, marijuana is only legal for medical use. In November 2016, Amendment 98, or the Arkansas Medical Marijuana Amendment, was passed by voters, leading to the establishment of a program for medical marijuana use. Recreational marijuana is illegal in Arkansas, and there have been two attempts at legalization that were both defeated, most recently in 2024. Those with a qualifying medical condition must obtain a medical marijuana card from the Arkansas Department of Health (ADH).

The possession laws in Arkansas revolve entirely around the medical marijuana program because there are no regulations governing the recreational use of the drug:

For registered medical marijuana patients:

• Possession of up to 2.5 ounces of usable cannabis within a rolling 14-day period.

For everyone else:

• There are no set quantities of possession allowed. The possession of cannabis by anyone who does not have a medical registry card is illegal.

Arkansas does not have a specified period when it resets the 14-day limit; hence, it counts down from the date of purchase within 14 days.

Growing your own weed is not allowed in Arkansas, including those that have been legally authorized under the program for using medical marijuana. All cannabis plants that can be used legally can only be produced by licensed growers and purchased from licensed dispensaries. Growing cannabis without having a license is considered a major violation and can subject you to felony prosecution.

Penalties for criminal activities involving marijuana in Arkansas differ depending on quantity and intent:

• Use of 4 ounces or less by any individual not registered with a medical card is normally a Class A misdemeanor punishable by up to one year imprisonment and fines of up to $2,500.
• For more than that, felony charges apply, with heavier punishment through more prison time and increased fines.
• Cultivation and distribution without a license result in even harsher penalties.
• If the person commits a crime within 1,000 feet of a school, day care facility, place of worship, or park, the person faces double punishment, and the guidelines allow a maximum of 10 extra years of imprisonment.

The law under Amendment 98 protects registered medical users who do not exceed the 2.5 ounces per 14 days allowed. 

In Arkansas, cannabis use is restricted to private premises only:

• In Arkansas, it is forbidden to consume marijuana in public areas, even for registered patients. Consumption in schools or on federal land is forbidden.
• It is forbidden to smoke marijuana in your car, whether moving or stationary.

DUI of cannabis is not permitted in Arkansas and is pursued in the same manner that a DUI involving alcohol would be pursued. Even those with state medical registrations are forbidden to drive or operate a vehicle under the influence of cannabis. Possible punishments include fines and license suspension, as well as prison time for repeat offenders.

The only medical professionals authorized to certify patients for inclusion in Arkansas’ Medical Marijuana Program are licensed physicians (MD) and osteopathic physicians (DO). In order for a physician to legally certify a patient, he or she will need to be currently licensed in Arkansas and hold an active registration with the DEA. The patient must have at least one of the state’s 18 listed qualifying conditions.

Edible marijuana products are legal in Arkansas for registered medical patients and can be obtained through authorized dispensaries, but they are subject to a restriction on THC per serving of 10 mg and an upper limit on THC of 10 percent for all food and drink products. The consumption of CBD products with less than 0.3 percent THC is legal in Arkansas and is not subject to the medical cannabis program.

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