Welcome to our guide on marijuana laws in Arkansas. If you’re curious about the legal status of marijuana in this state, you’ve come to the right place. Arkansas has made significant changes to its marijuana laws in recent years, and it can be difficult to keep up with the latest developments.
In this article, we’ll answer the burning question on everyone’s mind: Is Marijuana Legal in Arkansas? We’ll also delve into the specifics of Arkansas marijuana laws, including possession limits and penalties for violating these laws. Whether you’re a resident of the state or simply interested in learning more, we’ve got you covered.
Understanding Arkansas Marijuana Laws
As of May 2021, marijuana is not fully legal in Arkansas. While medical marijuana is legal, recreational use remains illegal. However, there have been efforts to legalize recreational use in the state.
Under the current laws, adults 21 years old and above can possess up to 2.5 ounces of marijuana for medical use. For those who don’t have a medical marijuana card, possession of less than four ounces is considered a misdemeanor and can result in up to one year in jail and/or a fine of up to $2,500. Possession of larger amounts can result in felony charges and longer prison sentences.
| Offense | Penalty |
|---|---|
| Possession of less than four ounces (first offense) | Misdemeanor, up to one year in jail, and/or a fine of up to $2,500 |
| Possession of four ounces to 10 pounds | Felony, up to six years in prison, and/or a fine of up to $10,000 |
| Possession of 10 to 25 pounds | Felony, up to 16 years in prison, and/or a fine of up to $25,000 |
| Possession of more than 25 pounds | Felony, up to 30 years in prison, and/or a fine of up to $15,000 |
It’s important to note that marijuana laws can vary by municipality, so it’s always a good idea to check local laws before using or possessing marijuana in Arkansas.
Arkansas Marijuana Legalization Efforts
Arkansas has made significant strides towards marijuana legalization in recent years. In 2016, the state legalized medical marijuana, with dispensaries beginning to open in 2019. Since then, there have been efforts to legalize recreational use as well.
In November 2020, a ballot initiative called Issue 65 was proposed, which would have legalized adult use of marijuana in Arkansas. However, the initiative was ultimately removed from the ballot by the Arkansas Supreme Court for violating certain technical requirements. Supporters of the initiative are expected to continue pushing for legalization in the future.
Medical Marijuana in Arkansas
In 2016, Arkansas voters approved a medical marijuana program through the passage of Amendment 98 to the state’s constitution. Since then, Arkansas has established a regulated medical marijuana program that allows qualifying patients to use medical marijuana for therapeutic purposes.
To qualify for the medical marijuana program, patients must have one of the qualifying medical conditions outlined by the Arkansas Department of Health, which includes cancer, glaucoma, PTSD, and several other debilitating conditions. Patients must also obtain a written certification from a physician licensed in Arkansas who has been authorized to recommend medical marijuana. After obtaining the certification, patients must submit their application and fee to the Arkansas Department of Health to receive a medical marijuana card.
Medical marijuana is available at licensed dispensaries throughout the state. Patients with a medical marijuana card can purchase and possess up to 2.5 ounces of medical marijuana every 14 days. Smoking medical marijuana is currently prohibited in Arkansas, but patients can use other forms of consumption such as edibles, tinctures, and capsules.
Qualifying Medical Conditions for Medical Marijuana in Arkansas
| Qualifying Medical Conditions | Definition |
|---|---|
| Cancer | A chronic or debilitating disease or medical condition that produces wasting syndrome, severe or persistent pain, or nausea that is resistant to standard treatments |
| Glaucoma | A chronic or debilitating disease or medical condition that produces elevated intraocular pressure, resulting in visual field defects or damage to the optic nerve |
| HIV/AIDS | A chronic or debilitating disease or medical condition or treatment for such diseases, which produces cachexia or wasting syndrome, severe or persistent pain, or nausea that is resistant to standard treatments |
| PTSD | A chronic or debilitating disease or medical condition or treatment for such disease, which produces one or more of the following: agitation, anxiety, hallucinations, nightmares, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis |
| Severe Arthritis | A chronic or debilitating disease or medical condition or treatment for such disease, which produces one or more of the following: cachexia or wasting syndrome, peripheral neuropathy, intractable pain, severe nausea, seizures, severe and persistent muscle spasms, including those characteristic of multiple sclerosis |
Other qualifying medical conditions include Crohn’s disease, Alzheimer’s disease, and severe seizures that are not controlled by conventional treatments.
Recreational Marijuana in Arkansas
As of now, recreational marijuana use is illegal in Arkansas. However, efforts have been made in the past to change this. In 2016, a ballot initiative to legalize recreational use was proposed, but it ultimately failed to pass.
Despite the lack of recreational legality, some cities in Arkansas have taken steps to decriminalize marijuana possession. For example, in 2019, Little Rock passed an ordinance that made possession of small amounts of marijuana a low-level offense, subject to a maximum fine of $100.
However, it’s important to note that even in cities with more lenient possession laws, it is still illegal to use or possess marijuana under state law. As such, it’s important to familiarize yourself with the specific regulations in your area before using or possessing marijuana.
Possession and Consumption Restrictions
While marijuana is legal for medical use in Arkansas, possession and consumption of the drug are still subject to certain restrictions. It’s important to understand these restrictions to avoid any legal repercussions.
First and foremost, it’s illegal to consume marijuana in any public place, including parks, sidewalks, and restaurants. The only exception is for medical marijuana patients who are allowed to consume the drug in certain designated areas.
It’s also important to note that driving under the influence of marijuana is illegal in Arkansas. This means that drivers can be charged with a DUI if they are found to have any amount of THC in their system while behind the wheel.
Individuals are allowed to possess up to 2.5 ounces of marijuana for medical use, but possession of more than this amount is illegal. Additionally, possession of any amount of marijuana for recreational use is still a criminal offense in Arkansas.
Other restrictions around marijuana in Arkansas include the prohibition of smoking in any indoor area where smoking tobacco is banned by state law. This includes places like bars, restaurants, and workplaces.
It’s important to always stay up to date on the current regulations around marijuana in Arkansas to avoid any legal issues.
Arkansas Marijuana Dispensaries
Currently, there are only a limited number of licensed medical marijuana dispensaries in Arkansas. As of August 2021, there are 33 operational dispensaries throughout the state.
| County | Number of Dispensaries |
|---|---|
| Pulaski | 5 |
| Sebastian | 4 |
| Washington | 4 |
| Crittenden | 3 |
| Garland | 3 |
| Saline | 2 |
| Jefferson | 2 |
| Benton | 2 |
| Pope | 1 |
| White | 1 |
| Carroll | 1 |
| Columbia | 1 |
| Crawford | 1 |
| Dallas | 1 |
Products available at dispensaries include a variety of strains of cannabis flower, concentrates, edibles, and topicals. Prices can vary depending on the product and dispensary, but medical marijuana is generally more expensive than marijuana obtained illegally on the street.
To purchase medical marijuana from a dispensary in Arkansas, you must have a valid medical marijuana card and a government-issued ID. Patients are not allowed to purchase more than 2.5 ounces of medical marijuana every 14 days.
Finding a Dispensary in Arkansas
If you are a qualified patient and want to find a medical marijuana dispensary in Arkansas, you can search for one on the Arkansas Department of Finance and Administration website. The website provides a list of licensed dispensaries, as well as their addresses, phone numbers, and hours of operation.
It’s important to note that recreational marijuana is not legal in Arkansas, and there are currently no plans to legalize it. Possession of recreational marijuana can result in criminal charges and hefty fines.
If you are interested in obtaining medical marijuana, it’s important to stay up to date on changes in Arkansas marijuana laws and regulations.
Growing Marijuana in Arkansas
While Arkansas has legalized medical marijuana, it is still illegal to grow cannabis for personal use or for recreational purposes. The state strictly regulates growing cannabis and has established strict laws regarding the number of plants individuals can grow.
Under Arkansas law, individuals with a medical marijuana card can grow up to six plants at home if they live more than 20 miles from a dispensary. Those who live within 20 miles of a dispensary are not allowed to grow at home.
Anyone caught growing cannabis without a valid medical marijuana card can face felony charges, including fines and potential jail time.
It is important to note that even individuals with a medical marijuana card must follow strict guidelines when growing cannabis. Plants must be kept in a secure location and cannot be visible from public areas. Patients are also responsible for ensuring that their cultivation does not exceed the possession limits set forth by Arkansas law.
It is always recommended that individuals consult with a qualified attorney before growing or cultivating cannabis in Arkansas to ensure that they are following all relevant laws and regulations.
Notable Legal Cases
There have been several high-profile legal cases in Arkansas surrounding marijuana. These cases have had a significant impact on the state’s laws and attitudes towards marijuana. Here are a few notable examples:
“The Arkansas Supreme Court ruled in 2019 that Issue 7, which would have legalized medical cannabis in the state, was unconstitutional. The court found that the ballot title didn’t convey the full scope of changes the proposal would have made to state law.”
– Arkansas Online
This ruling caused significant controversy and set back efforts to legalize medical marijuana in the state. However, it ultimately led to the passage of a revised medical marijuana law that addressed the issues raised by the court.
“In 2018, an Arkansas judge ruled that the state must issue licenses to five companies that had been denied permits to grow medical marijuana. The companies had sued the state, claiming that the process for awarding licenses was flawed.”
– High Times
This case showed how the marijuana industry in Arkansas is not immune to legal disputes, and also highlighted the need for transparent and fair processes when it comes to awarding licenses.
An Example of a Notable Legal Case:
| Case: | The Arkansas Supreme Court’s decision on Issue 7 |
|---|---|
| Year: | 2019 |
| Details: | The Arkansas Supreme Court struck down Issue 7, a ballot initiative aimed at legalizing medical marijuana in the state, ruling that the proposal’s ballot title was unclear and misleading. This decision was controversial and drew criticism from advocates of medical marijuana in Arkansas. However, it ultimately led to the passage of a revised medical marijuana law in the state. |
These cases are just a few examples of the legal controversies surrounding marijuana in Arkansas. As attitudes towards the drug continue to evolve, it’s likely that more legal disputes will arise in the future.
Public Opinion on Marijuana in Arkansas
Public opinion on marijuana in Arkansas has been shifting in recent years. While the state has historically taken a conservative stance on drug policy, attitudes towards marijuana have begun to soften.
According to a 2019 poll conducted by Talk Business & Politics and Hendrix College, 53% of Arkansas voters supported legalizing recreational marijuana use for adults, while 43% opposed it. Additionally, 84% of respondents supported the state’s medical marijuana program.
The Role of Medical Marijuana
Many observers attribute this shift in public opinion to the state’s medical marijuana program, which was approved by voters in 2016. Since the program’s launch in 2019, patients with qualifying medical conditions have been able to obtain medical marijuana with a doctor’s recommendation.
As of October 2021, over 70,000 Arkansans have been approved for medical marijuana cards. This number is expected to continue growing in the coming years as more patients become aware of the program’s availability and the state expands the list of qualifying conditions.
The Impact of Legalization in Other States
Another factor contributing to changing attitudes towards marijuana in Arkansas is the growing number of other states legalizing the drug. As of November 2021, 36 states have legalized medical marijuana, while 15 (plus Washington D.C.) have legalized recreational use for adults.
Many Arkansas residents have observed the benefits that legalization has brought to other states, including increased tax revenue and job creation in the marijuana industry. As more states legalize marijuana, it is likely that public opinion in Arkansas will continue to shift in favor of marijuana legalization.
The Economic Impact of Marijuana in Arkansas
Marijuana legalization has had a significant impact on the economy of Arkansas. Since the state legalized medical marijuana in 2016, the industry has been steadily growing. As of 2021, there are more than 30 licensed dispensaries in the state, with more expected to open in the coming years.
The revenue generated by these dispensaries has been significant, with some estimates suggesting that the industry could bring in as much as $36 million in annual tax revenue. This revenue could be used to fund public services and support local communities.
Legalization has also created new job opportunities in Arkansas. As dispensaries continue to open, they require a range of staff, including budtenders, managers, and security personnel. This has helped to create new jobs in the state and could continue to do so as the industry expands.
The Impact on Local Communities
One of the most significant benefits of the legalized marijuana industry in Arkansas is its impact on local communities. Many dispensaries are locally owned and operated, meaning that profits from the industry stay in the state. This can help to support local economies and communities, particularly in areas that have been hit hard by the decline of traditional industries.
Furthermore, the industry has the potential to revitalize vacant or underutilized properties and turn them into thriving businesses. This has already been seen in cities like Little Rock, where dispensaries have helped to reinvigorate struggling neighborhoods.
The Future of the Industry in Arkansas
The marijuana industry is still in its early stages in Arkansas, and there is a lot of room for growth and expansion. Experts predict that the industry could continue to grow as the state’s population increases and attitudes towards marijuana continue to shift.
However, there are also challenges that the industry may face in the future. For example, there is still a lack of access to banking services and insurance for marijuana businesses, which can make it difficult for them to operate. In addition, there are concerns about a potential federal crackdown on legalized marijuana, which could impact the industry in Arkansas and other states that have legalized marijuana.
Despite these challenges, the economic impact of legalized marijuana in Arkansas cannot be ignored. As the industry continues to grow, it has the potential to bring in significant revenue, support local communities, and create jobs.
Future Outlook for Marijuana in Arkansas
As of now, medical marijuana is legal in Arkansas, while recreational use remains illegal. However, there have been efforts in the past to legalize recreational use, and it’s possible that these efforts will continue in the future.
One potential factor that could impact the future of marijuana in Arkansas is public opinion. As attitudes towards marijuana continue to shift across the country, it’s possible that more Arkansans will become supportive of legalization.
Another factor to consider is the potential economic impact of legalization. As other states have shown, legalizing marijuana can lead to significant tax revenue and job creation. If Arkansas were to legalize recreational use, it could potentially see similar benefits.
Of course, the future of marijuana in Arkansas is impossible to predict with certainty. However, it’s clear that the topic will continue to be a point of discussion and debate in the state for years to come.
Frequently Asked Questions
Here are answers to some commonly asked questions about marijuana laws in Arkansas:
Is marijuana legal in Arkansas?
Yes, but only for medical purposes. Recreational use of marijuana is still illegal in Arkansas.
What are the qualifying conditions for medical marijuana in Arkansas?
Qualifying conditions for medical marijuana in Arkansas include cancer, glaucoma, ALS, Crohn’s disease, PTSD, and several others. You can find a full list of qualifying conditions on the Arkansas Department of Health’s website.
How do I obtain a medical marijuana card in Arkansas?
You must be certified by a physician licensed in Arkansas to recommend medical marijuana. The physician will then register you with the Arkansas Department of Health, and you can apply for a medical marijuana card online through the Department’s website.
What are the possession limits for medical marijuana in Arkansas?
Patients can possess up to 2.5 ounces of usable marijuana at any given time. Caregivers can possess up to 2.5 ounces of usable marijuana for each qualifying patient they are designated to assist.
What are the penalties for possessing marijuana illegally?
Possession of less than four ounces is a misdemeanor punishable by up to one year in jail and a fine of up to $2,500. Possession of four ounces or more is a felony punishable by up to six years in prison and a fine of up to $10,000.
Can I legally smoke marijuana in public?
No, it is illegal to smoke marijuana in public in Arkansas. Smoking is only allowed in private residences and on private property with permission from the owner.
Can I legally drive under the influence of marijuana in Arkansas?
No, it is illegal to drive under the influence of marijuana in Arkansas. If you are found to be driving impaired, you could face criminal charges and penalties.
Are there any marijuana dispensaries in Arkansas?
Yes, there are several dispensaries operating in Arkansas. You can find a list of licensed dispensaries on the Arkansas Department of Health’s website.
Can I grow marijuana at home in Arkansas?
No, it is illegal to grow marijuana at home in Arkansas. Only licensed cultivation facilities are allowed to grow marijuana.
When might recreational marijuana be legalized in Arkansas?
There has been some discussion of legalizing recreational marijuana in Arkansas, but no concrete plans or timelines have been announced.
