Marijuana is only partly legal in Arkansas: the state runs a medical program under Amendment 98 of its constitution, so registered patients with a qualifying condition can buy and use marijuana from licensed dispensaries, but recreational possession of any amount is still a crime. So if you are asking whether pot is legal in Arkansas, the answer depends entirely on whether you hold a valid medical marijuana card. Arkansas classifies marijuana as a Schedule VI controlled substance, its lowest tier,1Justia. Arkansas Code 5-64-215 – Substances in Schedule VI while federal law still lists it as Schedule I, and that federal status carries consequences even for legal cardholders.
What Happens If You’re Caught Without a Card
Any amount of marijuana in your possession is a criminal offense if you don’t have a valid medical marijuana card. The charge depends on weight and record.
Less than four ounces is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,500.2Justia. Arkansas Code 5-64-419 With four or more prior convictions under the same statute, the charge escalates to a Class D felony carrying up to six years in prison. Four ounces or more is automatically a felony regardless of your record, and the classification rises with the weight.
Packaging, scales, large amounts of cash, or messages suggesting sales can push a simple possession case into intent to distribute, which carries significantly harsher penalties.
Paraphernalia is a separate offense. Possessing paraphernalia to use, store, or conceal a controlled substance is a Class A misdemeanor with the same one-year and $2,500 exposure.3FindLaw. Arkansas Code 5-64-443 – Possession of Drug Paraphernalia Growing, manufacturing, or processing paraphernalia is a Class D felony on its own. Pipes and rolling papers sit in the misdemeanor range; grow equipment can trigger felony charges by itself.
How to Qualify for a Medical Card
You need a certification from a licensed physician confirming you have one of the state’s approved conditions. The list includes cancer, glaucoma, HIV/AIDS, hepatitis C, ALS, Tourette’s syndrome, Crohn’s disease, ulcerative colitis, PTSD, severe arthritis, fibromyalgia, Alzheimer’s, cachexia, peripheral neuropathy, intractable pain that hasn’t responded to treatment for at least six months, severe nausea, seizures, and severe muscle spasms.4Arkansas Department of Health. Medical Marijuana FAQs
With that certification, you apply through the Arkansas Department of Health for a registry identification card. The application fee is $50, and the card renews annually.5Arkansas Department of Health. ID Card – Apply Online You must be at least 18. Minors can qualify, but a parent or legal guardian has to register as a designated caregiver to purchase on the minor’s behalf.6The Official Website of the State of Arkansas. Qualified Patient Requirements
A designated caregiver must be at least 21, cannot have been convicted of an excluded felony offense, and must register for their own card.7FindLaw. Arkansas Constitution of 1874 Amendment 98, Section 2 A criminal background check is required for most applicants, though parents applying for their own children are exempt.4Arkansas Department of Health. Medical Marijuana FAQs
What Your Card Actually Lets You Do
Registered patients can purchase up to 2.5 ounces from a licensed dispensary within any 14-day period. Each purchase counts against a rolling 14-day balance rather than resetting on a fixed schedule.4Arkansas Department of Health. Medical Marijuana FAQs Home cultivation is completely prohibited. Every gram must come from a licensed dispensary.
Use is restricted to private property. Parks, sidewalks, businesses, school grounds, correctional facilities, and vehicles are all off-limits. Violating location rules can bring criminal charges or cost you your card.
Two big carve-outs surprise patients. Employers do not have to accommodate medical marijuana use: a zero-tolerance policy is allowed, and a positive THC test can be grounds for termination even with a valid card. Landlords can ban marijuana on their rental properties. The card protects your right to possess and use in private settings you control, and nothing more.
Medical marijuana purchases are subject to the 6.5% state sales tax, an additional 4% privilege tax, and any applicable local sales taxes, so the effective tax on a purchase generally runs above 10% before local taxes.
Driving Is Not Covered
Driving under the influence of marijuana is treated the same as an alcohol DUI under Ark. Code Ann. 5-65-103. Arkansas sets no specific THC blood-level threshold; the question is whether you were intoxicated to the point of impaired driving ability. Holding a medical marijuana card is not a defense.
A conviction triggers mandatory license suspension, escalating with repeat offenses inside a five-year window:8Arkansas Department of Finance and Administration. DWI/BWI Drugs
- First offense: 6-month license suspension
- Second offense: 24-month suspension
- Third offense: 30-month suspension
- Fourth offense: 4-year revocation
Delta-8 and Hemp-Derived THC Are Banned
Products sold legally in some other states as delta-8, delta-9, or delta-10 hemp THC cannot be legally sold in Arkansas. Governor Sanders signed Act 629 in April 2023 prohibiting the sale of intoxicating hemp-derived cannabinoids and other synthetic or psychoactive cannabinoids. A federal court initially blocked the ban, but in June 2025 the Eighth Circuit Court of Appeals reversed that injunction and allowed the ban to take effect, holding that the 2018 Farm Bill did not prevent states from imposing their own restrictions.
Federal Consequences Even With a Valid Card
Because marijuana is still Schedule I federally, a state card does not shield you from several federal rules. In May 2024 the Department of Justice proposed reclassifying marijuana to Schedule III, and in December 2025 President Trump directed the attorney general to expedite that process, but as of early 2026 no final rule has been published and the following restrictions all remain in force.
Firearms
Federal law prohibits anyone who is “an unlawful user of or addicted to any controlled substance” from possessing firearms or ammunition.9ATF Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons Medical cardholders count as unlawful users under this definition. ATF Form 4473, the form you fill out when buying from a licensed dealer, asks directly about controlled substance use, and answering falsely is a separate federal crime. The Supreme Court is scheduled to hear United States v. Hemani this term, a case challenging this ban as applied to marijuana users, with a decision expected by late June 2026. Until then the prohibition stands.
Federally Assisted Housing
If you live in public housing or receive a Section 8 subsidy, marijuana use is a serious risk. HUD requires owners of federally assisted properties to deny admission to applicants using a controlled substance as defined by federal law. For existing tenants, owners have discretion to pursue eviction case by case, but they cannot adopt lease provisions that affirmatively permit marijuana use.10U.S. Department of Housing and Urban Development. Use of Marijuana in Multifamily Assisted Properties A valid Arkansas card does not override this.
Air Travel
TSA screens for security threats, not drugs, and does not specifically search for marijuana. If it turns up during a screening, though, TSA is required to refer the matter to law enforcement.11Transportation Security Administration. Medical Marijuana Marijuana remains illegal under federal law at every airport in the country regardless of state law at the departure or arrival point.
Commercial Driving
The Department of Transportation prohibits marijuana use for anyone in a safety-sensitive transportation role, including commercial truck drivers, and DOT drug testing continues to include marijuana regardless of state medical authorization.12U.S. Department of Transportation. DOT’s Notice on Testing for Marijuana A positive test means loss of your CDL, even with a valid card and no impairment at the time of the test.
VA Healthcare
VA doctors are currently barred from recommending medical marijuana or completing state registration paperwork, though they can discuss marijuana as part of broader treatment conversations. Arkansas veterans who want a card will need to see a non-VA physician for the certification.