{"id":371687,"date":"2016-03-31T21:34:27","date_gmt":"2016-04-01T02:34:27","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arkansas-law\/arkansas-marijuana-laws.html"},"modified":"2023-12-07T08:17:56","modified_gmt":"2023-12-07T13:17:56","slug":"arkansas-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arkansas-law\/arkansas-marijuana-laws.html","title":{"rendered":"Arkansas Marijuana Laws"},"content":{"rendered":"\n
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Arkansas Marijuana Laws<\/h1>\n
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\n By Eric Harvey, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Marijuana laws vary quite a bit from state to state. A growing number of states have legalized the plant. However, the federal government still has not done the same, with federal laws maintaining the illegal status of cannabis. At the same time, most states now allow the medical use of marijuana<\/u><\/a>. However, this requires a physician’s written recommendation. It may also require state registration. Each state has its own unique approach to regulation.<\/p>\r\n

Arkansas Marijuana Laws at a Glance<\/h2>\r\n

Arkansas drug laws allow some discretion by the court. For recreational use and unlicensed commercial distribution, courts may still impose sentences that can include incarceration for up to one year for possession. Penalties are still imposed for scant amounts of marijuana.<\/p>\r\n

The state also imposes mandatory minimum sentences for possession of more than 10 pounds or sale of more than four ounces of marijuana. Possession of more than 500 pounds of marijuana can be considered trafficking, or evidence of a presumption of intent to traffic.<\/p>\r\n

In 2019, the Arkansas legislature specified that cannabidiol and tetrahydrocannabinol (THC) derived from hemp are not considered marijuana under the criminal statute<\/u><\/a>. However, the amount of THC present in the drug must be .3% or less.<\/p>\r\n

Additional details about Arkansas’s current marijuana laws are listed in the following table. See FindLaw’s Drug Charges<\/u><\/a> and Patient Rights<\/u><\/a> sections for more information.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/th>\r\n

5-64-101<\/a>, et seq.<\/p>\r\n<\/td>\r\n<\/tr>

Is Marijuana Legal in Arkansas?<\/p>\r\n<\/th>\r\n

Legal for medical use only<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Possession<\/p>\r\n

\u00a75-64-419<\/a><\/p>\r\n<\/th>\r\n

    \r\n
  • Less than 4 oz., 1st offense: Class A misdemeanor (max. one yr., $2,500 fine)<\/li>\r\n
  • 1 oz. – less than 4 oz. AND 4 or more prior convictions: Class D felony (max. six yrs., $10,000 fine)<\/li>\r\n
  • 4 oz. – less than 10 lbs.: Class D felony (max. six yrs., $10,000 fine)<\/li>\r\n
  • 10 lbs. – less than 25 lbs.: Class C felony (mandatory min. three yrs. – max. 10 yrs. and $10,000 fine)<\/li>\r\n
  • 25 lbs. – less than 100 lbs.: Class B felony (mandatory min. five yrs. – max. 20 yrs. and $15,000 fine)<\/li>\r\n
  • 100 lbs. – less than 500 lbs.: Class A felony (mandatory min. six yrs. – max. 30 yrs. and $15,000 fine)<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Sale\/Delivery<\/p>\r\n

\u00a75-64-436<\/a><\/p>\r\n

(Possess w\/intent to Deliver)<\/p>\r\n

\u00a75-64-438<\/a><\/p>\r\n

<\/a>(Delivery)<\/p>\r\n<\/th>\r\n

    \r\n
  • 14 g or less: Class A misdemeanor (max. one yr., $2,500 fine)<\/li>\r\n
  • 14 g or less AND 4 or more prior convictions: Class D felony (max. six yrs., $10,000 fine)<\/li>\r\n
  • More than 14 g – less than 4 oz.: Class D felony (max. six yrs., $10,000)<\/li>\r\n
  • 4 oz. – less than 25 lbs.: Class C felony (mandatory min. six yrs. – max. 10 yrs. and $10,000 fine)<\/li>\r\n
  • 25 lbs. – less than 100 lbs.: Class B felony (mandatory min. five yrs. – max. 20 yrs. and $15,000 fine)<\/li>\r\n
  • 100 lbs. – less than 500 lbs.: Class A felony (mandatory min. six yrs. – max. 30 yrs. and $15,000 fine)<\/li>\r\n<\/ul>\r\n

    Note: The code provides for an increased penalty of 10 years in prison, if the offender is within 1000 ft. of a school, depending on the amount and circumstances.<\/p>\r\n<\/td>\r\n<\/tr>

Trafficking<\/p>\r\n

\u00a75-64-440<\/a><\/p>\r\n<\/th>\r\n

500 lbs. or more (presumption of intent to traffic): Class Y felony (10 yrs. – 40 yrs., or life and $15,000 fine)<\/p>\r\n<\/td>\r\n<\/tr>

Is Medical Marijuana Legal?<\/a><\/p>\r\n<\/th>\r\n

In 2016, voters approved the Arkansas Medical Marijuana Amendment of 2016<\/a>, (Amendment 98) as an amendment to the state constitution. This amendment legalized marijuana for medical use in Arkansas for 18 qualifying conditions and allowed for the establishment and regulation of marijuana dispensaries and cultivation facilities. Qualifying medical conditions include:<\/p>\r\n