Marijuana Laws in Arkansas

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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

• 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

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

• 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.

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.

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

• 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.

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.