• Home
  • Arkansas  Marijuana Laws

Arkansas  Marijuana Laws

Recreational Marijuana Laws: Marijuana is still illegal for recreational use in the state of Arkansas. Penalties are listed below.

Simple Possession:
Possession of less than 4 ounces of marijuana is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Possession of between 1 ounce and less than 4 ounces by an offender who has had 2 or more previous drug convictions is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Possession of between 4 ounces and less than 10 pounds is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Possession of between 10 pounds and less than 25 pounds is a Class C Felony, punishabl3-year mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.

Possession of between 25 pounds and less than 100 pounds is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

Possession by 100 pounds and less than 500 pounds is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000ee

First time possession offenders may be sentenced to parole for a period of not less than one year, in lieu of jail time.

A second or subsequent conviction will result in a doubled penalty.

Possession with Intent to Deliver
Possession of up to 14 g (1/2 Oz) of marijuana with the intent to deliver it to an another individual is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Possession of between 14 g (1/2 Oz) and less than 4 ounces of marijuana with the intent to deliver it to an another individual is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Possession of between 4 ounces and less than 25 pounds of marijuana with the intent to deliver it to an another individual is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.

Possession of between 25 pounds and less than 100 pounds of marijuana with the intent to deliver it to an another individual is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

Possession of between 100 pounds and less than 500 pounds of marijuana with the intent to deliver it to an another individual is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000.

Possession with Intent to Distribute can be shown if the:

Person possesses means to weigh and separate marijuana
Person possesses a written record of drug transactions
Marijuana is bagged separately to facilitate delivery
Person possesses a firearm on their person
Person possesses at least 2 other controlled substances in addition to the marijuana
Any other proof that the individual was intending to deliver the marijuana can be shown

A second or subsequent conviction will result in a doubled penalty.

Delivery
Delivering 14g or less of marijuana to another individual, with or without remuneration, is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Delivering between 14g and less than 4 ounces of marijuana to another individual, with or without remuneration, is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Delivering between 4 ounces and less than 25 pounds of marijuana to another individual, with or without remuneration, is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.

Delivering between 25 pounds and less than 100 pounds of marijuana to another individual, with or without remuneration, is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

Delivering between 100 pounds and less than 500 pounds of marijuana to another individual, with or without remuneration, is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000.

Delivering marijuana to a minor at least 3 years younger than the deliverer will result in a doubled penalty

A second or subsequent conviction will result in a doubled penalty.

Cultivation
Cultivation in Arkansas is punished as either simple possession or as possession with intent to deliver, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. See the “Simple Possession” and “Possession with Intent to Deliver” sections for further penalty details.

Manufacture
Manufacturing 14 g or less of marijuana is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Manufacturing between 14 g and 4 ounces of marijuana is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Manufacturing between 4 ounces and 25 pounds of marijuana is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.

Manufacturing between 25 pounds and 100 pounds of marijuana is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

Manufacturing 100 pounds or more of marijuana is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000.

A second or subsequent conviction will result in a doubled penalty.

Trafficking
Possessing 500 pounds or more of marijuana is classified as trafficking and is a Class Y Felony, punishable by a mandatory minimum sentence of 10 years and a maximum of 40 years imprisonment.

Hash & Concentrates
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession with purpose to use paraphernalia is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Possession of growing paraphernalia is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.

Delivering of drug paraphernalia to a minor at least 3 years younger than the deliver is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.

Delivery during the course and in furtherance of a felony violation is a Class B Felony and punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

Delivering of growing paraphernalia to a minor at least 3 years younger than the deliver is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.

A second or subsequent conviction will result in a doubled penalty.

Medical Marijuana Laws: Law signed 2016, not yet active.
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 who possess a physician’s recommendation may legally possess and obtain medical cannabis provided by state licensed dispensaries. Patients under the age of 21 are not permitted to consume herbal forms of cannabis. Inhaling herbal cannabis is not permitted by adults in the presence of a pregnant woman or a child age 14 or under. Dispensaries may not provide cannabis-infused food or drink products with more than 10mg of THC.

HOME CULTIVATION
No

STATE-LICENSED DISPENSARIES
Under the law, regulators will license up to 32 dispensary providers and up to five marijuana cultivators.

STATE-LICENSED DISPENSARIES OPERATIONAL
Not yet

ESTIMATED NUMBER OF REGISTERED PATIENTS
539