Arkansas Marijuana Laws

It is illegal to possess, sell, deliver, cultivate, or traffic any amount of marijuana in Arkansas. Penalties are especially stiff, making this one of the riskiest places in the United States for toking.

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Residents of Arkansas are probably aware that their state is conservative when it comes to marijuana laws. Recreational use remains illegal, though the state’s medical marijuana program has been in effect since 2016.

It is illegal to possess, sell, deliver, cultivate, or traffic any amount of marijuana in Arkansas. Penalties are especially stiff, making this one of the riskiest places in the United States for toking.

Possession

Possession of less than 4 ounces of marijuana is a misdemeanor on a first offense. The top penalty is 1 year in jail and $2,500 in fines. On a second offense, the same crime is a felony and carries a maximum penalty of 6 years in prison and a $10,000 fine.

The same penalties apply for possession of between 4 ounces and 10 pounds. Possession of between 10 and 25 pounds comes with a mandatory minimum sentence of 3 years in prison and a maximum of 10, plus up to $10,000 in fines.

If the amount is between 25 and 100 pounds, the penalty increases to at least 5 years in prison and as many as 20, along with a potential $15,000 fine. The mandatory minimum prison term for possession of between 100 and 500 pounds is 6 years, while the maximum is 30 and $15,000 in fines are possible.

Offense Penalty Incarceration Max. Fine
Less than 4 oz (first offense) Misdemeanor 1 year or less $ 2,500
1 –  4 oz (subsequent offense) Felony 6 years or less $ 10,000
4 oz – 10 lbs Felony 6 years or less $ 10,000
10 – 25 lbs Felony 3* – 10 years $ 10,000
25 – 100 lbs Felony 5* – 20 years $ 15,000
100 – 500 lbs Felony 6* – 30 years $ 15,000
* Mandatory minimum sentence      

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Sale, Delivery, or Manufacture

It is a misdemeanor to make, sell, or deliver 14 grams of cannabis or less, and the maximum sentence is 1 year in jail plus $2,500 in potential fines. If the weight is between 14 grams and 4 ounces, the offense is a felony and the penalty increases to a maximum of 6 years in prison and $10,000.

Sale, delivery, or manufacture of between four ounces and 25 pounds carries a penalty of between 3 and 10 years in prison, plus up to $10,000 in potential fines. Sale, delivery, or manufacture of 25 to 100 pounds comes with a sentence of 5 to 20 years in prison and up to $15,000 in fines. Sale, delivery, or manufacture of between 100 and 500 pounds is punishable by between 6 and 30 years in prison, plus up to $15,000 in fines.

Offense Penalty Incarceration Max. Fine
14 g or less Misdemeanor 1 year or less $ 2,500
14 g – 4 oz Felony 6 years or less $ 10,000
4 oz – 25 lbs Felony 3* – 10 years $ 10,000
25 – 100 lbs Felony 5* – 20 years $ 15,000
100 – 500 lbs Felony 6* – 30 years $ 15,000
* Mandatory minimum sentence
Includes possession with intent to deliver
Includes manufacture

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Trafficking

Possession, sale, delivery, or manufacture of marijuana in weights exceeding 500 pounds is considered felony trafficking under Arkansas statute. The penalty includes a mandatory minimum of 10 years in prison and a maximum of 40, along with a possible fine of up to $15,000.

Offense Penalty Incarceration Max. Fine
500 lbs or more Felony 10* – 40 years $ 15,000
* Mandatory minimum sentence

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Hash and Concentrates

Hashish and other concentrates are treated the same as marijuana flower under Arkansas law. This means the same weights and penalties apply for possession, sale, delivery, manufacture, and trafficking offenses.

Paraphernalia

Possession of paraphernalia with intent to use it to consume marijuana is a Class A misdemeanor in Arkansas, punishable by up to 1 year in jail and $2,500 in fines. Possession of paraphernalia with intent to use it to grow marijuana is a Class D felony and carries a maximum sentence of 6 years in prison and $10,000 in fines.

Delivery of smoking paraphernalia to a minor who is at least 3 years younger than the offender is a misdemeanor with a top penalty of 1 year in jail and $2,500 in fines. Delivery of growing paraphernalia to a minor who is at least 3 years younger is a Class B felony and carries a sentence of between 5 and 20 years in prison, plus fines of up to $15,000.

Offense Penalty Incarceration Max. Fine
Possession with purpose to use Misdemeanor 1 year or less $ 2,500
Possession with purpose to grow Felony 6 years or less $ 10,000
Delivery of smoking paraphernalia to a minor at least 3 years younger Misdemeanor 1 year or less $ 2,500
Delivery of growing paraphernalia to a minor at least 3 years younger Felony 5* – 20 years $ 15,000
* Mandatory minimum sentence

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Medical Marijuana

MEDICAL MARIJUANA

Arkansas medical marijuana laws allow registered qualifying patients to obtain, use, and possess cannabis to treat their conditions. Patients must have a physician’s written certification that they have been diagnosed with a debilitating condition and would likely benefit from the use of marijuana.

QUALIFYING CONDITIONS:

  • ALS
  • Alzheimer’s disease
  • Cachexia or wasting syndrome
  • Cancer
  • Chronic or debilitating disease
  • Crohn’s disease
  • Fibromyalgia
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Intractable pain
  • Multiple sclerosis
  • Peripheral neuropathy
  • PTSD
  • Seizures
  • Severe arthritis
  • Severe nausea
  • Severe and persistent muscle spasms
  • Tourette’s syndrome
  • Ulcerative colitis
  • Any medical condition or its treatment approved by the Department of Health

PATIENT POSSESSION LIMITS:
Patients with a physician’s recommendation are legally permitted to possess up to 2.5 oz of cannabis or concentrates purchased from state-licensed dispensaries. Edibles or infused drinks sold by dispensaries must not contain more than 10 mg of THC.

HOME CULTIVATION:
No

STATE-LICENSED DISPENSARIES:
Arkansas marijuana laws allow the licensing of up to 32 dispensaries and five marijuana cultivators.

Marijuana Attorney Directory

Arkansas Marijuana Attorneys

The following Arkansas lawyers are actively involved in the practice of cannabis law: