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).)
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.
Enhanced penalties can also apply.
(Ark. Code § 5-4-401 (2024).)
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:
(Ark. Code §§ 5-4-401, 5-64-419, 5-64-440 (2024).)
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:
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).)
Arkansas makes it illegal to use drug paraphernalia or possess drug paraphernalia with intent to use it. Paraphernalia includes items that are used to:
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).)
Arkansas law provides enhanced penalties for marijuana crimes occurring in correctional facilities or drug-free zones or involving a criminal enterprise.
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).)
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).)
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.