Is marijuana legal in Arkansas?
Only for medical use. As of 2026, Arkansas allows medical marijuana (weed) for registered qualifying patients, who can buy up to 2.5 ounces every 14 days. Recreational marijuana is illegal.
Status checked November 4, 2026
Contents
Marijuana laws in Arkansas
Arkansas voters approved the Arkansas Medical Marijuana Amendment of 2016 (Amendment 98) on November 8, 2016. Recreational marijuana is illegal. Voters rejected an adult-use amendment in November 2022, and no adult-use program exists in 2026.
Registered qualifying patients and designated caregivers may possess up to two and one-half ounces of usable marijuana if they have a registry identification card. Cannabis must be bought from a state-licensed dispensary. Home cultivation is not allowed, including for patients. Smoking or otherwise using medical marijuana in a public place is not permitted under the amendment.
The Arkansas Department of Health runs the patient registry. Qualifying conditions include cancer, glaucoma, HIV/AIDS, hepatitis C, ALS, PTSD, severe arthritis, fibromyalgia, intractable pain, seizures and other listed conditions. The Medical Marijuana Commission licenses cultivators and dispensaries.
Possessing marijuana without authorization remains a crime. On January 27, 2026, the Arkansas Supreme Court held that the Legislature can amend some citizen-initiated amendments by statute, which could affect Amendment 98 later; it did not itself change patient limits. Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
What the law says
Legal
- A qualifying patient or designated caregiver in actual possession of a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business, occupational, or professional licensing board or bureau, for the medical use of marijuana in accordance with this amendment if the qualifying patient or designated caregiver possesses not more than two and one-half ounces (2 ½ oz.) of usable marijuana.
Not legal
- Possess, smoke, or otherwise engage in the medical use of marijuana:
- On a school bus;
- On the grounds of a daycare center, preschool, primary or secondary school, college, or university;
- At a drug or alcohol treatment facility;
- At a community or recreation center;
- In a correctional facility;
- In a public place;
Quoted from Arkansas Constitution, Amendment 98, §3(a).
How old do you have to be to use marijuana in Arkansas?
There's no legal age to buy recreational weed in Arkansas, because recreational marijuana is illegal at any age. Medical marijuana is different. Registered qualifying patients use a doctor's certification and an Arkansas registry identification card. Minors participate through a designated caregiver. Without a card, possessing marijuana is illegal no matter how old you are.
How much marijuana can you have in Arkansas?
No amount of marijuana is legal to have in Arkansas unless you're a registered qualifying patient or designated caregiver. That's true at home and in your car. Patients and caregivers with a registry card may possess not more than 2.5 ounces of usable marijuana, typically bought as a 14-day supply from a licensed dispensary. Home-grown marijuana isn't allowed, so there is no extra amount you can keep from plants at home.
Where can you buy marijuana in Arkansas?
You can't buy recreational weed anywhere in Arkansas. Registered qualifying patients and designated caregivers can buy at dispensaries licensed under Amendment 98. Only cardholders may purchase, and the usual patient limit is 2.5 ounces of usable marijuana per 14-day period. Buying from unlicensed sellers is illegal.
Can you grow marijuana at home in Arkansas?
No, you can't grow weed at home in Arkansas, even as a registered medical patient. Amendment 98 limits cultivation to state-licensed facilities, not private residences. Growing marijuana without that license is a crime under state law. Patients and caregivers have to buy usable marijuana from a licensed dispensary instead of raising plants of their own.
Where can you use marijuana in Arkansas?
There's no legal place to smoke recreational weed in Arkansas, because recreational marijuana is illegal. Registered patients also may not possess, smoke or otherwise use medical marijuana in a public place, on a school bus, on school or daycare grounds, at a treatment or recreation center, or in a correctional facility. Private property is the usual setting, and property owners can set their own rules.
How do you get a medical marijuana card in Arkansas?
To get a medical marijuana card in Arkansas, you need a qualifying condition and a physician certification, then you apply to the Arkansas Department of Health for a registry identification card. Qualifying conditions include cancer, glaucoma, HIV/AIDS, hepatitis C, ALS, PTSD, severe arthritis, fibromyalgia, intractable pain and seizures, and the department can add others. The state card fee is commonly listed as $50. Active-duty military and National Guard members are excluded from the program as patients or caregivers.
Can visitors buy or use marijuana in Arkansas?
No. Out-of-state visitors can't buy recreational marijuana in Arkansas, because there are no adult-use sales. Medical purchases are tied to the Arkansas registry. Whether an out-of-state medical card is honored at an Arkansas dispensary is not stated clearly enough here to describe a visiting-patient path, so visitors should not assume they can buy. Bringing marijuana in from another state is not protected and remains illegal under federal law.
What are the rules on driving and marijuana in Arkansas?
No, you can't drive high in Arkansas. Driving while intoxicated covers impairment by a controlled substance, including marijuana and medical marijuana bought legally at a dispensary. Amendment 98 does not create a separate safe harbor for registered patients who drive while impaired, so a valid registry card is not a defense to a DWI charge.
Can an employer in Arkansas fire you for using marijuana?
Yes, you can get fired for using marijuana in Arkansas. Recreational use is illegal, so it has no job protection. Amendment 98's patient protections do not require employers to allow marijuana at work or to change drug-free workplace policies, and safety-sensitive jobs often keep testing rules.
What are the penalties for breaking marijuana laws in Arkansas?
In Arkansas, possessing marijuana without a registry card is a crime. Small first-time possession can be a misdemeanor; larger amounts, sale and unlicensed cultivation can be felonies. Registered patients and caregivers are protected only while they have a valid card and stay within the 2.5-ounce usable-marijuana limit. Public use of medical marijuana is not permitted under the amendment.
Are CBD, hemp and delta-8 products legal in Arkansas?
Hemp and some CBD products can be legal in Arkansas when they meet the state's hemp rules, but intoxicating hemp products, including many delta-8 and high-THCA items, are not a substitute for medical marijuana and may be treated as marijuana if they exceed legal hemp limits. Medical marijuana itself can be bought only at licensed dispensaries by cardholders. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in Arkansas?
Yes. Federal law still applies in Arkansas. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in Arkansas changed recently, or is it about to?
When will weed be legal in Arkansas? No date is set for recreational legalization. Voters rejected an adult-use amendment in November 2022, and a later attempt did not make the 2024 ballot. The main 2026 legal development is an Arkansas Supreme Court ruling on January 27, 2026, that the Legislature may amend some citizen-initiated constitutional amendments by statute, which could affect Amendment 98 later but did not change current patient limits. New federal hemp limits begin November 12 and December 11, 2026.
Legislation
Sources (6)
- Arkansas Constitution, Amendment 98, §3(f) (restrictions, including public places) dfa.arkansas.gov
- Arkansas Constitution, Amendment 98, §3 (protections for medical use) law.justia.com
- Arkansas Medical Marijuana Amendment of 2016 (Issue 6) healthy.arkansas.gov
- mpp.org
- dea.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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