Arkansas Marijuana Laws

Related

• Get Medical Marijuana in Arkansas
• List of Qualifying Conditions for a Medical Card in Arkansas
• Information about the Arkansas Medical Marijuana Commission

* The MMP-issued Identification Card expiry date may vary. Your physician’s recommendation, along with your medical marijuana purchasing rights, are only valid for 1 year. Following that, we recommend you book a re-evaluation with our licensed doctors. 

Being a Responsible MMJ Patient in AR

While your Arkansas MMJ card, once earned, may indeed offer you a level of protection in the eyes of the law, you ought to be aware of the specific rights and responsibilities that your patient status implies within the state of Arkansas:

• Your patient status provides you with access to a 2.5-ounce supply of marijuana every 14 days. There is no legal reason for you to possess any marijuana beyond that explicitly set limit.
• Your patient status does NOT give you the right to grow medical cannabis plants in Arkansas. Any and all medical cannabis you intend to use needs to be acquired through legal purchase from a dispensary that has been approved by the state through an Arkansas cultivation license
• On the topic of the legal purchase of cannabis – an Arkansas-licensed dispensary should be the only establishment where your cannabis-related transactions occur. Personal sales are highly prohibited by the court of law and you should NOT engage with them in any way, shape, or form.
• If your treatment includes hashish-based products OR any other type of marijuana concentrates, know that the regulations for unlawful use remain the same. The state of AR treats hash and concentrates just as it treats marijuana – as a Schedule I drug.
• Marijuana paraphernalia (such as bongs, tobacco blunts, and rolling paper) is NOT explicitly necessary for any type of medical marijuana treatment. You have no legal excuse for possessing such an item, or, similar to cultivation, to be using it in order to create your own medication.

Taking all of these considerations into mind, we have outlined the three main types of marijuana penalties that Arkansas medical marijuana laws can hold you accountable for:

Possession

Exceeding your state-imposed medical weed limit of no more than 2.5 ounces per 14-day period can directly expose you to the Arkansas drug laws and penalties, which are as follows:

• Being found in possession of fewer than 4 ounces of cannabis is considered a Class A Misdemeanor, which is punishable by up to one year of imprisonment, as well as a legal fine of up to $2,500. This penalty applies to first offenders for possession.

• For subsequent offenders, possession of anywhere between 1 ounce and less than 4 ounces is treated as a Class D Felony, which is punishable by up to 6 years of imprisonment, as well as a legal fine of up to $10,000.

• Similarly, cannabis possession of anywhere between 4 ounces and less than 10 pounds is also considered a Class D Felony, with the same punishment of 6 years imprisonment, and a legal fine of up to $10,000.

• Possession of anywhere between 10 pounds and less than 25 pounds of cannabis is considered a Class C Felony. This holds a mandatory prison sentence of at least 3 years, going up to a maximum of 10, based on the court’s ruling. The legal fine for this felony cannot exceed $10,000.

• More severely, being found in possession of anywhere between 25 pounds and less than 100 pounds of cannabis is seen as a Class B Felony, running a mandatory 5-year minimum prison sentence, going up to 20 years based on the court’s ruling. The legal fine for this type of felony cannot exceed $15,000.

• For a Class A Felony, you must be found in possession of anywhere between 25 pounds and less than 100 pounds of cannabis. This carries the punishment of a mandatory 6-year minimum prison sentence, going up to a maximum of 30 years, as well as a legal fine that cannot exceed $15,000.

• Finally, being found in possession of 500 pounds (or more) of marijuana is considered trafficking in the court of law, as well as a Class Y Felony. Trafficking holds a mandatory punishment of at least 10 years imprisonment, going up to a maximum of 40 years, with a legal fine that cannot exceed $15,000.

• Second or subsequent convictions of the same crime will result in a doubled penalty.

Distribution/Intent to Sell

As mentioned above, Arkansas dispensary rules make it so marijuana distribution and purchasing practices MUST be undergone only through official, state-approved channels. The legal penalties for non-dispensary cannabis transactions generally vary in punishment based on the distributed quantity:

• Distribution of 14g or less of marijuana to another person, whether or not a transaction was made, is considered a Class A Misdemeanor, which is punishable by up to 1-year jail-time, with an accompanying legal fine of up to $2,500.

• Distribution of anywhere between 14g and less than 4 ounces of marijuana to another person, whether or not a transaction was made, is considered a Class D Felony, which is punishable by up to 6 years jail-time, with an accompanying legal fine of up to $10,000.

• Distribution of anywhere between 4 ounces and less than 25 pounds of marijuana to another person, whether or not a transaction was made, is considered a Class C Felony, which is punishable with a minimum sentence of 3 years jail-time, going up to 10 years based on the court ruling. The accompanying legal fine cannot exceed $10,000.

• Distribution of anywhere between 25 and less than 100 pounds of marijuana to another person, whether or not a transaction was made, is considered a Class B Felony, which is punishable with a minimum sentence of 5 years jail-time, going up to 20 years based on the court ruling. The accompanying legal fine cannot exceed $15,000.

• Distribution of anywhere between 100 and less than 500 pounds of marijuana to another person, whether or not a transaction was made, is considered a Class A Felony, which is punishable with a minimum sentence of 6 years jail-time, going up to 30 years based on the court ruling. The accompanying legal fine cannot exceed $15,000.

• Offenders found delivering marijuana to a minor at least 3 years younger than them will have their penalties doubled.

• Second and/or subsequent convictions will also result in a doubled penalty.

• Cultivation and manufacturing penalties in the state of Arkansas are the same for intention to distribute and deliver, based on the specific quantity of marijuana.

Paraphernalia

In accordance with Arkansas medical marijuana laws, recommending physicians should never encourage patient engagement with paraphernalia items. As such, the in-state penalties for paraphernalia possession and distribution should be easily avoided by law-abiding patients:

• Possessing marijuana paraphernalia with intent to use is considered a Class A misdemeanor, which is punishable with up to 1 year of jail time, as well as a legal fine of up to $2,500.

• Possessing marijuana paraphernalia with the intent to grow is considered a Class D Felony, which is punishable with up to 6 years of jail time, as well as a legal fine of up to $10,000.

• Deliverance of for-use paraphernalia to a minor who is at least 3 years younger than the offender is also considered a Class A Misdemeanor, carrying the same sentence as possession for use – up to 1 year jail time, and a legal fine of up to $2,500. If, however, the deliverer is currently accused of another marijuana-related felony violation, the offense will also be considered a class B Felony, and will be punished accordingly.

• Deliverance of for-growth paraphernalia to a minor who is at least 3 years younger than the deliverer is considered a Class B Felony, which is punishable with a prison sentence of at least 5 years, going up to 20 years based on a court ruling. The accompanying legal fine cannot exceed $15,000.

• Second and/or subsequent convictions will result in a doubled penalty.

Questions about the Arkansas Marijuana Laws

While the penalties for each medical marijuana law are highly important to take note of, we know that state regulations do not always cover the niche cases.

Below you can find a list of potential FAQs that you might have regarding the current state of medical marijuana in Arkansas, as well as any other curiosities related to Arkansas drug laws: