Is Marijuana Legal in Arkansas in 2026?

Medical marijuana patients and their caregiver designees can legally possess up to 2.5 ounces of usable marijuana at any given point in time as long as they have their medical card in possession. This limit applies to a 14-day rolling purchasing period, which is tracked throughout all the dispensaries in Illinois.

The use of any amount of marijuana is illegal for those individuals who do not have a medical card. The possession of less than four ounces of marijuana constitutes a Class A misdemeanor, with possible penalties ranging from one year of imprisonment and a fine of up to $2,500. The possession of between four ounces and ten pounds constitutes a Class D felony and is punished with up to six years in prison and fines up to $10,000. Even bigger quantities result in progressively tougher felonies with mandatory minimum sentences that increase significantly based on the quantity. It should also be known that medical marijuana users are not able to use marijuana in public spaces, schools, daycares, public transportation, correctional facilities, or any federal land.

The cultivation of marijuana at home is prohibited in Arkansas for all citizens, including patients, caregivers, and the general population. Only medical marijuana approved by the state dispensary can be bought legally. An initiative that would have permitted certain patients to cultivate their own marijuana plants was rejected for 2024. In accordance with Amendment 98, the growing of marijuana is only allowed within the facilities approved by the state, and the cultivation of the marijuana plant without a proper license may lead to either possession or possession with intent to deliver charges.

While it is true that the people having the registration cards have immunity from arrest or prosecution for the allowed 2.5 ounces of marijuana, when the individual steps out of his protective immunity boundary, he becomes fully liable under the law. The sale or distribution of marijuana without licensing by the state government is considered to be a serious felony offense. If a person has the possession of up to 14 grams for delivery to someone else, he is likely to commit a Class A misdemeanor; however, if the individual exceeds 14 grams, he commits either a Class C felony or a Class B felony according to the weight of possession. Driving under the influence of marijuana is an offense as per § 5-65-103 of the Arkansas law, and Arkansas has adopted the zero tolerance policy for such activities, irrespective of whether the driver is a patient of marijuana or not.

Medical marijuana applications can only be certified by doctors who have been licensed in the state of Arkansas. In order to be able to sign the Physician Written Certification form, the doctor must be a Medical Doctor (MD) or a Doctor of Osteopathic Medicine (DO). In addition, the doctor signing the form needs to have a controlled substance registration with the DEA and a physician-patient relationship with the person applying for certification. Other health professionals, such as nurse practitioners and physician assistants, cannot certify medical marijuana patients.