Marijuana Laws in Arkansas

Please note: ILGM is NOT a legal adviser. Information contained in this website is intended as general introductory information only. The information contained on this website is not legal advice. It should not be construed as legal advice and should not be relied upon as such.

The Arkansas Medical Marijuana Act allows patients with physician recommendations to legally buy and possess cannabis from dispensaries licensed by the state. These patients must be over 21 years old and have one or more qualifying conditions. All marijuana and derivatives must be purchased through a state-licensed dispensary, and cannot contain over 10 mg of THC.

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    Possessing Marijuana Laws in Arkansas

    Only medical marijuana patients can legally possess cannabis in the State of Arkansas. Simple possession charges have the following consequences:

    • Under 4 ounces = Misdemeanor: Fine up to $2,500 and up to 1 year in jail

    • Between 1 to 4 ounces with 2 or more previous convictions for drugs = Felony: Fine up to $10,000 and up to 6 years in prison

    • Between 4 ounces to 10 pounds = Felony: Fine up to $10,000 and up to 6 years in prison

    • Between 10 to 25 pounds = Felony: Fine up to $10,000 and mandatory minimum sentence of 3 years, to up to 10 years in prison

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    • Between 25 pounds to 100 pounds = Felony: Fine up to $15,000 and mandatory minimum sentence of 5 years, to up to 20 years in prison

    • Between 100 to 500 pounds = Felony: Fine up to $10,000 and mandatory minimum sentence of 6 years, to up to 30 years in prison

    First-time simple possession offenders may receive parole for one year or more instead of prison time. The courts may double penalties for second and subsequent simple possession charges in Arkansas.

    Possession of marijuana with intent to deliver it to someone else comes with stiffer penalties than simple possession charges. Here are the penalties for possession with intent to deliver in the State of Arkansas:

    • Less than ½ ounce = Misdemeanor: Fine up to $2,500 and up to 1 year in jail

    • Between ½ ounce and 4 ounces = Felony: Fine up to $10,000 and up to 6 years in prison

    • Between 4 ounces and 25 pounds = Felony: Fine up to $10,000 and a mandatory minimum sentence of 3 years, to up to 10 years in prison

    • Between 25 to 100 pounds = Felony: Fine up to $15,000 and a mandatory minimum sentence of 5 years, to up to 20 years in prison

    • Between 100 to 500 pounds = Felony: Fine up to $15,000 and a mandatory minimum sentence of 6 years, to up to 30 years in prison

    Second and subsequent convictions for possession with intent to deliver will result in doubled penalties.

    Marijuana Trafficking

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    In Arkansas, possessing more than 500 pounds of cannabis is considered trafficking. This felony is a very serious offense. Those found guilty of trafficking cannabis in Arkansas face a mandatory minimum sentence of 10 years, to up to 40 years in prison.

    Concentrates & Hash

    The state treats the possession of hash and concentrates the same as marijuana.

    Selling Marijuana Laws in Arkansas

    Within the State of Arkansas, it’s illegal to deliver cannabis to another person, whether it’s in exchange for compensation or not. The penalties for delivering marijuana in Arkansas are as follows:

    • Under 14 grams = Misdemeanor: Fine up to $2,500 and up to 1 year in jail

    • Between 14 grams to 4 ounces = Felony: Fine up to $10,000 and up to 6 years in prison

    • Between 4 ounces to 25 pounds = Felony: Fine up to $10,000 and mandatory minimum sentence of 3 years, to up to 10 years in prison

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    • Between 25 pounds to 100 pounds = Felony: Fine up to $15,000 and mandatory minimum sentence of 5 years, to up to 20 years in prison

    • Between 100 to 500 pounds = Felony: Fine up to $15,000 and mandatory minimum sentence of 6 years, to up to 30 years in prison

    • Delivering to a minor 3 years younger or more = Penalties are doubled

    • Subsequent convictions = Penalties are doubled

    Medical Dispensaries

    State-licensed dispensaries are the only entities allowed to legally sell cannabis in Arkansas. Under the Arkansas Medial Marijuana Law, the state has agreed to license up to 8 medical marijuana cultivators and 40 cannabis dispensary providers. As of June 2017, no dispensaries are open in this state.

    Growing and Manufacturing Marijuana Laws in Arkansas

    Arkansas legislators have chosen to punish marijuana cultivators with either simple possession or possession with intent to deliver charges. The charge depends on the amount of cannabis produced and whether or not it was grown for anything other than personal use. Penalties related to these charges can be found in the “Possessing Marijuana in Arkansas” section above.

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    The following are penalties for manufacturing cannabis in the State of Arkansas:

    • Under 14 grams = Misdemeanor: Fine up to $2,500 and up to 1 year in jail

    • Between 14 grams to 4 ounces = Felony: Fine up to $10,000 and up to 6 years in prison

    • Between 4 ounces to 25 pounds = Felony: Fine up to $10,000 and mandatory minimum sentence of 3 years, to up to 10 years in prison

    • Between 25 to 100 pounds = Felony: Fine up to $15,000 and mandatory minimum sentence of 5 years, to up to 20 years in prison

    • Over 100 pounds = Felony: Fine up to $15,000 and mandatory minimum sentence of 6 years, to up to 30 years in prison

    • Subsequent convictions = Double penalties

    Using Marijuana in Arkansas

    Only patients possessing physician’s recommendations for medical marijuana may use cannabis in Arkansas. These medical patients must be at least 21 years old, and purchases must be made at state-licensed medical marijuana dispensaries. The plants and derivative products must not contain more than 10 milligrams of THC.

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    To become a legal medical marijuana user in Arkansas, the patient must have one of the following qualifying medical conditions:

    • Alzheimer’s disease

    • Cancer

    • Crohn’s disease

    • Glaucoma

    HIV/AIDS

    • Multiple sclerosis

    PTSD

    • Severe arthritis

    • Severe and persistent muscle spasms

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    • Ulcerative colitis

    • ALS

    • Cachexia or wasting syndrome

    • Chronic or debilitating disease

    Fibromyalgia

    • Hepatitis C

    • Intractable pain

    • Peripheral neuropathy

    • Seizures

    • Severe nausea

    • Tourette’s syndrome

    • Any other treatment or medical condition approved by the Department of Health

    State law forbids the inhalation of herbal cannabis while in the presence of a child under 14 years old or a pregnant woman.

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      Breaking the Marijuana Laws in Arkansas

      Any person convicted of any drug offense, including illegal use or possession of a controlled substance, loses driving privileges for 6 months.

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      Arkansas courts practice conditional release for first-time offenders, which may receive alternative or diversion sentencing. This allows the offender to get probation instead of taking the case to trial. After completing the probation, the record will still reflect the drug charge.

      Mandatory minimum sentencing means the judge presiding over the case must impose a sentence no less than the minimum mandatory. The maximum sentence may also be imposed.

      Jenny Bloom

      Editor-in-Chief at I Love Growing Marijuana

      Jenny is ILGM's unstoppable force when it comes to quality control for all the content on the blog. In the meantime, she manages to write many of the articles herself as well. She's not a lawyer but is well-read on all the latest marijuana legislations, which she always keeps up to date!... [Read full bio]

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        3 comments on “Marijuana Laws in Arkansas”

        1. I don’t understand, i am sixty seven I have glaucoma. Is it legal in Arkansas or not?

        2. I know people who deserve a refund on the MMJ card they purchased in good faith last year. Arkansas pocketed that money, then moved to block all growers and dispensaries. They had not business starting the sales of cards.

        3. The law passed but I’m no closer to treating my PTSD with the only medicine that works for me. Smh. The bible belt may vote as if it’s progressive but the powers that be have stifled the market before it even has a chance. No doctors, no dispensaries, and the federal bureau of investigation have started to homestead our State in preemptive raids and harassment.please research and blow this story up. I don’t have the means to reach as many people as you. Peace and Love