Arkansas marijuana laws still treat recreational use as a crime. Voters rejected Amendment 4 in November 2022 by a 12-point margin, so possessing cannabis without a valid medical marijuana card remains illegal statewide.1Ballotpedia. Arkansas Issue 4, Marijuana Legalization Initiative (2022) Penalties run from a misdemeanor for small amounts up to a felony for larger quantities or repeat offenses, and a drug conviction brings consequences beyond jail time, including a mandatory license suspension.
Possession Penalties by Amount
How much you’re caught with, and whether you have prior drug convictions, decides whether the charge is a misdemeanor or a felony.
- Less than 4 ounces is a Class A misdemeanor, punishable by up to one year in jail and a fine up to $2,500.2Justia. Arkansas Code 5-64-419 – Possession of a Controlled Substance3Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
- Between 1 and 4 ounces becomes a Class D felony if the person has four or more prior drug convictions, carrying up to six years in prison and a fine up to $10,000.2Justia. Arkansas Code 5-64-419 – Possession of a Controlled Substance4Justia. Arkansas Code 5-4-401 – Sentence
- From 4 ounces up to 10 pounds is a Class D felony regardless of criminal history, with the same six-year maximum and $10,000 fine.2Justia. Arkansas Code 5-64-419 – Possession of a Controlled Substance
The gap between a misdemeanor and a felony matters well beyond the courtroom. A felony conviction affects voting rights, professional licensing, housing applications, and federal student aid eligibility in ways a misdemeanor does not.
Selling or Delivering Marijuana
Distribution penalties climb steeply with weight. Handing someone 14 grams or less is a Class A misdemeanor. From 14 grams up to 4 ounces, it becomes a Class D felony. Larger quantities carry mandatory minimums: 4 ounces to under 25 pounds is a Class C felony with a three-year minimum, 25 to under 100 pounds is a Class B felony with a five-year minimum, and 100 to under 500 pounds is a Class A felony with a six-year minimum. Delivering marijuana to someone under 18 who is at least three years younger than the seller can double the authorized sentence.
Paraphernalia Is a Separate Charge
Pipes, rolling papers, and similar items intended for consuming marijuana count as paraphernalia under Arkansas law. Possessing them is a Class A misdemeanor, carrying the same one-year maximum and $2,500 fine as simple possession of a small amount. Equipment used to grow or produce marijuana is treated more severely as a Class D felony, so grow lights and hydroponic setups can lead to felony charges even without any plants on site.5Justia. Arkansas Code 5-64-443 – Possession of Drug Paraphernalia
Automatic Driver’s License Suspension
This is the consequence most people don’t see coming. Any drug conviction in Arkansas, including a first-offense misdemeanor marijuana charge, triggers a mandatory six-month driver’s license suspension. The court must order it unless it finds “compelling circumstances” to justify an exception. If your license is already suspended for another reason, the drug-related suspension adds another six months on top. Commercial driver’s license holders face a one-year suspension.6Justia. Arkansas Code 27-16-915 – Suspension for Conviction of Drug Offenses
Medical Marijuana Is the Only Legal Route
Arkansas’s medical cannabis program, established by Amendment 98 in 2016, is the only lawful way to use marijuana in the state. The Arkansas Department of Health runs it. Qualifying conditions include cancer, glaucoma, HIV/AIDS, hepatitis C, ALS, Crohn’s disease, PTSD, severe arthritis, fibromyalgia, Alzheimer’s disease, intractable pain that has not responded to treatment for at least six months, seizures, and severe muscle spasms, among others on an 18-condition list.7Arkansas Department of Health. Medical Marijuana FAQs
Applicants must be Arkansas residents at least 18 years old and need a written certification from an Arkansas-licensed physician. The patient card has a $50 non-refundable application fee.8Arkansas Department of Health. Patient Application Once approved, a patient can buy up to 2.5 ounces every 14 days from a state-licensed dispensary. All purchases must go through those dispensaries. Home cultivation is prohibited for both patients and their designated caregivers.
Federal Law Still Applies to Cardholders
A valid Arkansas medical card does not clear a patient under federal law, which still classifies marijuana as a Schedule I controlled substance. In December 2025, President Trump signed an executive order directing the Attorney General to reschedule marijuana to Schedule III, but the rulemaking process had not been completed as of early 2026.9Congress.gov. Legal Consequences of Rescheduling Marijuana Until it does, the Schedule I rules govern.
Firearms
Federal law prohibits anyone who is an “unlawful user of or addicted to any controlled substance” from possessing firearms or ammunition.10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts That prohibition reaches Arkansas medical marijuana patients because marijuana remains federally illegal. ATF Form 4473, which every buyer completes at a licensed gun dealer, asks directly about controlled substance use, and answering dishonestly is a separate federal crime. Rescheduling to Schedule III would not necessarily fix this, since the firearms prohibition covers all controlled substances regardless of schedule.
Employment
No federal law protects marijuana users from workplace drug testing or termination, and Arkansas has no state law shielding medical marijuana patients from adverse employment actions either. Federal contractors and employers subject to the Drug-Free Workplace Act can maintain zero-tolerance drug policies. If marijuana is eventually moved to Schedule III, employees with qualifying disabilities may have more ground to request accommodations under the Americans with Disabilities Act, since Schedule III drugs are recognized as having accepted medical uses. That change has not happened, and employers in safety-sensitive industries would still retain broad authority to enforce drug-free policies.