Arkansas Medical Marijuana Act permits patients to legally purchase and possess cannabis from licensed dispensaries. Patients must be at minimum 21 years old and have one or more qualifying conditions. All marijuana and derivatives must only be sold through a state-licensed dispensary. They cannot contain more than 10 mg of THC.
Possessing Cannabis in Arkansas
Arkansas only allows medical marijuana patients to legally possess cannabis. The following are the consequences of simple possession:
- Less than 4 ounces = Misdemeanor. Fine up to $2,500, up to one year in prison
- Between 1 and 4 ounces of cocaine with 2 or more prior convictions for drug offenses = Felony: A fine up to $10,000 and up 6 years imprisonment
- Between 4 ounces and 10 lbs = Felony: Fine upto $10,000 and up to 6 Years in Prison
- Between 10 and 25 Pounds = Felony: Minimum sentence of 3 years to a maximum of 10 years imprisonment, with a minimum fine up to $10,000.
- 25 to 100 Pounds = Felony: Minimum sentence of five years and a fine up to $15,000, with a maximum sentence of 20 years.
- 100-500 pounds = Felony: Minimum sentence of 6 years and a fine up to $10,000, or up to 30 years imprisonment
Simple possession offenders first time may be eligible for parole for one or more years instead of imprisonment. Arkansas courts could double the penalties for simple possession offenses two or more times. For possessing marijuana with intent for distribution to another person, the penalties are much more severe than for simple possession.
These are the Arkansas penalties for possessing marijuana with intent to deliver:
- Amount less than 1/2 ounce = Misdemeanor – Fine up to $2,500, up to 1 Year in Jail
- Between 1/2 ounce to 4 ounces = Feony: A fine up to $10,000 or up to 6 months in prison
- Between 4 ounces to 25 pounds = Felony: A mandatory minimum sentence of 3 to 5 years and a fine up to $10,000, or a maximum of 10 years imprisonment
- Between 25 and 100 Pounds = Felony: A mandatory minimum sentence of five years to a maximum of 20 years imprisonment, as well as a fine up to $15,000 and a penalty up to $15,000
- Between 100 and 500 Pounds = Felony: A mandatory minimum sentence of six years to a maximum of 30 years imprisonment, and a fine up to $15,000
- Double the penalties for second and subsequent possession with intent to Deliver convictions
Cannabis Trafficking
Trafficking is a crime in Arkansas if you possess more than 500 grams of cannabis. This is a serious crime. Arkansas law requires that anyone found guilty of selling cannabis to Arkansas faces a minimum of 10 years imprisonment and up to 40 years imprisonment.
Laws of selling cannabis in Arkansas
It is illegal in Arkansas to give cannabis to anyone, regardless of whether the recipient is receiving compensation. These are the Arkansas penalties for selling marijuana:
- Less than 14 grams = Misdemeanor: Fine upto $2,500, up to one year in prison
- 14g to 4 ounces = Felony – Fine up to $10,000, up to 6 years imprisonment
- Between 4 ounces and 25 pounds = Felony
- Between 25 and 100 pounds = Felony: Minimum sentence of five years to a maximum of 20 years imprisonment, fine up to $15,000 and a mandatory minimum sentence up to 5 years.
- Between 100 and 500 pounds = Felony – Fine up to $15,000, mandatory minimum sentence of 6 to 30 years imprisonment
- Delivery to minors 3 years or younger = Penalties double
- Penalties double for subsequent convictions
Medical Cannabis Dispensaries in Arkansas
Only state-licensed dispensaries can legally sell cannabis in Arkansas. Arkansas Medial Marijuana Law allows the state to license up to eight medical marijuana growers and 40 dispensary providers. This state does have a couple of dispensaries as of October 2021:
- Bloom Medicinals Texarkana Medical Marijuana Dispensary
- Body and Mind™ – West Memphis’ Favorite Medical Marijuana Dispensary and Delivery
- Red River Remedy Medical Marijuana Dispensary – Texarkana
- Fiddler’s Green Medical Marijuana Dispensary
- Medical Marijuana Card Arkansas | Marijuana Doctors Telemedicine
- Hash & Co. Medical Marijuana Dispensary Pine Bluff
- AR Cannabis Clinic | MMJ Card | Cannabis Card | Arkansas Marijuana Card
Laws for Growing and Manufacturing Cannabis in Arkansas
Arkansas lawmakers have decided to charge marijuana growers with simple possession and possession with intent. The charges will be determined by the amount of cannabis that was produced and whether it was used for other purposes. These charges will be subject to the penalties in the section “Possessing Marijuana in Arkansas”
Here are the penalties for manufacturing cannabis in Arkansas
- Less than 14 grams = Misdemeanor: Fine upto $2,500, up to one year in prison
- 14g to 4 ounces = Felony – Fine up to $10,000, up to 6 years imprisonment
- Between 4 ounces and 25 pounds = Felony: Minimum sentence of 3 years to a maximum of 10 years imprisonment, with a minimum fine up to $10,000.
- Between 25 and 100 pounds = Felony – Fine up to $15,000, mandatory minimum sentence of five years, or up to 20 years imprisonment
- More than 100 Pounds = Felony: Minimum sentence of 6 years to maximum 30 years imprisonment and a fine up to $15,000
- Subsequent convictions = Double penalties
The Usage of Cannabis in Arkansas
Arkansas’s medical marijuana patients can only use it if they have received a recommendation from their doctor. The state must license medical marijuana dispensaries to allow these patients to purchase cannabis. The maximum amount of THC in the plants and derivatives must not exceed 10 mg.
Arkansas has legalized medical cannabis for:
- Alzheimer’s Disease
- Cancer
- Crohn’s Disease
- Glaucoma
- HIV/AIDS
- Multiple sclerosis
- PTSD
- Severe arthritis
- Persistent and severe muscle spasms
- Ulcerative colitis
- ALS
- Cachexia (or wasting syndrome)
- Debilitating or chronic disease
- Fibromyalgia
- Hepatitis C
- Intractable pain
- Peripheral neuropathy
- Seizures
- Severe nausea
- Tourette’s syndrome
- Any other treatment or condition that the Department of Health approves
The state law prohibits inhaling herbal cannabis in the presence of children under 14 years of age or pregnant women.
Breaking cannabis laws in Arkansas
A person convicted of any drug offense including illegal possession or use of controlled substances, is automatically disqualified from driving for six months.
Arkansas courts offer conditional release to first-time offenders. They may also receive alternative sentencing or diversion. This allows the offender the opportunity to be placed on probation and not go to trial. The drug charge will remain on the record even after the probation is completed.
The mandatory minimum sentence means that the judge who is presiding over the case must impose a sentence not less than the minimum. A maximum sentence can also be imposed.
