No, you cannot legally grow weed in Arkansas. Home cultivation is prohibited for everyone, including registered medical marijuana patients and their caregivers. The only form of Cannabis sativa you can legally cultivate in the state is industrial hemp, and that requires a license from the Arkansas Department of Agriculture.
A Medical Card Does Not Let You Grow
Arkansas legalized medical cannabis through Constitutional Amendment 98 in 2016, but the amendment drew a hard line on cultivation. Section 3(h) states that qualifying patients and designated caregivers are not permitted to cultivate marijuana plants.1Arkansas Department of Health. Arkansas Medical Marijuana Amendment 98, Sections 1-8 There is no exception for small quantities, personal use, or hardship.
Patients instead buy from state-licensed dispensaries, with a cap of 2.5 ounces of usable marijuana per 14-day period.1Arkansas Department of Health. Arkansas Medical Marijuana Amendment 98, Sections 1-8 Recreational cannabis has no legal program at all. Issue 4, the 2022 ballot measure that would have legalized adult use, failed. Any cultivation outside a licensed hemp or medical cannabis facility is a criminal act.
Penalties for Growing Cannabis
Arkansas classifies marijuana as a Schedule VI controlled substance.2Justia. Arkansas Code 5-64-215 – Substances in Schedule VI Cultivation is prosecuted under the statute covering possession with the purpose to deliver, and the charge scales with weight:3Justia. Arkansas Code 5-64-436 – Possession of a Schedule VI Controlled Substance With the Purpose to Deliver
- 14 grams or less is a Class A misdemeanor, punishable by up to one year in jail and a fine up to $2,500.4Justia. Arkansas Code 5-4-401 – Sentence5Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
- More than 14 grams but less than 4 ounces is a Class D felony, up to six years in prison and a $10,000 fine.
- 4 ounces to less than 25 pounds is a Class C felony, three to ten years and a $10,000 fine.
- 25 pounds to less than 100 pounds is a Class B felony, five to twenty years and a $15,000 fine.
- 100 pounds to less than 500 pounds is a Class A felony, six to thirty years and a $15,000 fine.4Justia. Arkansas Code 5-4-401 – Sentence5Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
Even a few plants can put you past 14 grams once you weigh the harvested material, moving you out of misdemeanor territory quickly.
Grow Equipment Is a Separate Charge
Owning grow lights, tents, hydroponic setups, and similar tools is its own offense. Possessing drug paraphernalia with the intent to cultivate a controlled substance is a Class D felony, carrying up to six years in prison and a fine up to $10,000.6Justia. Arkansas Code 5-64-443 – Possession of Drug Paraphernalia4Justia. Arkansas Code 5-4-401 – Sentence This charge stacks on top of the cultivation charge itself.
Your Property Can Be Seized
Arkansas prosecutors can take property tied to illegal cannabis cultivation through civil forfeiture. Equipment used to grow marijuana, vehicles used to move plants or supplies, and real property where cultivation occurred are all subject to forfeiture.7Justia. Arkansas Code 5-64-505 – Property Subject to Forfeiture Cash, firearms, and financial records found near forfeitable drugs or grow equipment are presumed forfeitable as well.
One narrow protection: property cannot be seized based solely on a misdemeanor-level marijuana possession.7Justia. Arkansas Code 5-64-505 – Property Subject to Forfeiture Any felony-weight cultivation, though, puts your home, car, and equipment on the table. If someone else used your property, the burden shifts to you to prove you didn’t know or consent.
Federal Law Adds Another Layer
Growing marijuana is a federal crime regardless of what Arkansas does. Cultivating fewer than 50 plants carries up to five years in federal prison and a $250,000 fine, with mandatory minimums kicking in at larger quantities.8Office of the Law Revision Counsel. 21 USC 841 – Prohibited Acts
There is also a firearms trap that catches medical patients off guard. Anyone who uses a controlled substance is prohibited under federal law from possessing firearms or ammunition.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Because marijuana remains Schedule I federally, that restriction applies to Arkansas medical cardholders. The card itself becomes documented evidence of controlled substance use if a firearms charge ever comes up.
Hemp Is the Only Legal Cultivation Path
Industrial hemp is the one form of Cannabis sativa you can legally grow in Arkansas, and only with a license. Hemp is defined as Cannabis sativa with a delta-9 THC concentration of no more than 0.3% on a dry weight basis.10Justia. Arkansas Code 2-15-503 – Definitions The Arkansas Department of Agriculture issues grower, processor, and handler licenses under the Arkansas Hemp Production Act of 2021.11Arkansas Department of Agriculture. About the Arkansas Hemp Program
You must be an Arkansas resident to hold a grower’s license. The licensing agreement specifies your approved growing locations, and any crop that tests above the THC threshold can be ordered destroyed.12Legal Information Institute. 209.02.19 Arkansas Code R 006 – Arkansas Industrial Hemp Research Program Rules Growing hemp without a license, or growing plants that test hot, exposes you to the same criminal penalties as marijuana cultivation. Hemp is not a workaround for growing weed.
The Federal Hemp Definition Is Tightening
Under an amendment to 7 U.S.C. ยง 1639o signed in late 2025 and taking effect 365 days later, the federal definition of hemp switches from delta-9 THC alone to “total tetrahydrocannabinols,” which includes THCA, the acidic form that converts to THC when heated.13Office of the Law Revision Counsel. 7 USC 1639o – Definitions The updated law also excludes synthetically derived cannabinoids and restricts THC levels in finished consumer products. Arkansas hemp growers should watch how the state program updates its testing rules to match.