Arkansas Marijuana Laws on Sale and Possession

Arkansas prohibits possession and sale of any amount of marijuana with penalties ranging from a misdemeanor to a felony.

By , Attorney Mitchell Hamline School of Law
Updated 11/07/2024

Both state and federal laws regulate marijuana possession, sale, and cultivation. Arkansas classifies marijuana as a Schedule VI substance.

Only medical marijuana is legal in Arkansas. In 2016, Arkansas voters passed the "Arkansas Medical Marijuana Amendment," which amended the state's constitution.

Arkansas' medical marijuana law provides that qualifying patients (and their designated caregivers) who have a state registry identification card cannot be arrested or prosecuted for medical use of marijuana as permitted by law. Qualified patients must buy medical marijuana from a licensed dispensary. The maximum amount that can be purchased is 2 ½ ounces during a 14-day window. Patients cannot grow their own marijuana.

Arkansas law does not permit possession or use of medical marijuana in designated areas (daycares, schools, community centers), on school buses or public transportation, or in public. It also remains illegal to operate a vehicle under the influence of marijuana.

The amendment acknowledges that federal law still prohibits marijuana use, possession, and distribution. For more on the conflict between federal and state marijuana laws, read Medical Marijuana and Federal Law.

(Ark. Const. amend. 98; Ark. Code §§ 5-64-214, 5-64-215 (2024).)

What Are the Penalties for Marijuana Crimes in Arkansas?

Besides the legal use of medical marijuana, all other possession, use, cultivation, and sale of marijuana is illegal in Arkansas. Penalties for marijuana-related crimes range from a Class A misdemeanor to a Class Y felony with the following potential punishments.

  • Class A misdemeanor is punishable by up to one year of incarceration and a fine of up to $2,500.
  • Class D felony is punishable by up to 6 years of incarceration and a fine of up to $10,000.
  • Class C felony is punishable by 3 to 10 years of incarceration and a fine of up to $10,000.
  • Class B felony is punishable by 5 to 20 years of incarceration and a fine of up to $15,000.
  • Class A felony is punishable by 6 to 30 years of incarceration and a fine of up to $15,000.
  • Class Y felony is punishable by imprisonment from 10 to 40 years, or for life.

Enhanced penalties can also apply.

(Ark. Code § 5-4-401 (2024).)

Marijuana Possession Crimes in Arkansas

The punishment for possession of marijuana depends on the amount of the drug in the defendant's possession and whether the defendant has any prior convictions for possession of Schedule VI controlled substances. (In addition to marijuana, other Schedule VI drugs include salvia divinorum and synthetic cannabinoids.)

The following penalties apply to marijuana possession in Arkansas:

  • Less than 4 ounces is a Class A misdemeanor.
  • One ounce or more but less than 4 ounces, when the defendant has four previous convictions for Schedule VI drug possession, is a Class D felony.
  • 4 ounces or more but less than 10 pounds is a Class D felony.
  • 10 pounds or more but less than 25 pounds is a Class C felony.
  • 25 pounds or more but less than 100 pounds is a Class B felony.
  • 100 pounds or more but less than 500 pounds is a Class A felony.
  • 500 pounds or more is considered trafficking, a Class Y felony.

(Ark. Code §§ 5-4-401, 5-64-419, 5-64-440 (2024).)

Marijuana Delivery (Sale), Cultivation, and Trafficking Crimes in Arkansas

Arkansas criminalizes the delivery (sale), cultivation, and trafficking of marijuana.

Marijuana delivery and cultivation crimes are punished based on the amount of the substance involved:

  • 14 grams or less is a Class A misdemeanor.
  • More than 14 grams but less than 4 ounces is a Class D felony.
  • 4 ounces or more but less than 25 pounds is a Class C felony.
  • 25 pounds or more but less than 100 pounds is a Class B felony.
  • 100 pounds or more but less than 500 pounds is a Class A felony.

Delivery, cultivation, or possession of 500 pounds or more of marijuana is considered trafficking, a Class Y felony.

Additional penalties apply for the delivery of marijuana to a minor (younger than 18). Depending on the circumstances, the court may double or add 10 years to the underlying sentence.

(Ark. Code §§ 5-4-401, 5-64-406, 5-64-436, 5-64-438, 5-64-439, 5-64-440 (2024).)

Marijuana Paraphernalia Crimes in Arkansas

Arkansas makes it illegal to use drug paraphernalia or possess drug paraphernalia with intent to use it. Paraphernalia includes items that are used to:

  • plant, propagate, cultivate, grow, harvest, prepare, or repack a controlled substance—a Class D felony,
  • store, contain, or conceal a controlled substance—a Class A misdemeanor, or
  • ingest, inhale, or otherwise introduce into the body a controlled substance—a Class A misdemeanor.

It's also a crime to deliver drug paraphernalia to a person younger than 18 who is at least three years younger than the defendant. If the drug paraphernalia is delivered in furtherance of a felony violation, the offense is a Class B felony. In all other cases, it's a Class A misdemeanor.

(Ark. Code §§ 5-64-443, 5-64-444 (2024).)

Enhanced Penalties for Marijuana Violations in Arkansas

Arkansas law provides enhanced penalties for marijuana crimes occurring in correctional facilities or drug-free zones or involving a criminal enterprise.

Inmate in a Detention Facility

A defendant convicted of possession of marijuana in a state, county, city, or juvenile detention facility will be punished under the next higher criminal classification.

(Ark. Code § 5-64-419 (2024).)

Near Schools, Public Facilities, and Other Designated Drug-Free Areas

Arkansas permits an additional 10 years' incarceration for delivery, cultivation, trafficking, and class C or higher possession crimes committed within 1,000 feet of a city or state park, public or private school, college, university campus, school bus stop, skating rink, community center, recreation center, video arcade, public housing project, drug or alcohol treatment, daycare center, place of worship, or shelter.

(Ark. Code § 5-64-411 (2024).)

Continuing Criminal Enterprise

Engaging in a continuing criminal enterprise is an unclassified felony. A "continuing criminal enterprise" occurs when a defendant derives substantial income from an enterprise involving two or more felonies and at least five other people.

Defendants face a sentence that is twice that of the underlying crime. The penalty for a second conviction is incarceration for a period that is three times that of the underlying crime.

(Ark. Code § 5-64-405 (2024).)

If you've been charged or cited for a marijuana-related offense, consult an experienced criminal defense attorney. Marijuana offenses carry serious penalties in Arkansas, including stiff prison sentences. An attorney can explain the law, advise you of your options, and defend your rights in a criminal case. If you can't afford a private attorney, ask for a public defender.

DEFEND YOUR RIGHTS
Talk to a Defense attorney
We've helped 95 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please enter a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Please enter a valid Case Description
Description is required

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you