No. Under Arkansas marijuana laws, recreational marijuana is illegal; only registered medical patients may buy up to 2.5 ounces every 14 days from licensed dispensaries. Possessing less than 4 ounces without a medical card is a Class A misdemeanor punishable by up to one year in jail and a $2,500 fine, and intoxicating hemp products such as delta-8 are banned. This is the law as of October 2026.
Arkansas voters approved medical marijuana in 2016 but rejected adult-use legalization in 2022, and no cannabis measure is on the November 2026 ballot. This guide explains what is legal, what is not, and what changed in 2025 and 2026, with links to the sources behind each rule. It is general information, not legal advice.
Arkansas Cannabis Laws at a Glance
| Topic | The rule in Arkansas | Source |
|---|---|---|
| Legal status | Medical only (Amendment 98, 2016); recreational use illegal | Arkansas Constitution, Amendment 98 |
| Medical limit | 2.5 oz of usable marijuana per 14 days from a licensed dispensary | Amendment 98 |
| Possession without a card | Under 4 oz: Class A misdemeanor, up to 1 year and $2,500 | Ark. Code 5-64-419 |
| Home grow | Not allowed, including for patients | Amendment 98 |
| Where to buy | Licensed medical dispensaries, registered patients only | Arkansas Department of Health |
| Card fee | $50 patient application or renewal; $50 for a 90-day visiting patient card | Arkansas Department of Health |
| Taxes | 6.5% state sales tax plus local tax and a 4% privilege tax on medical sales | Arkansas DFA |
| Delta-8 and hemp THC | Intoxicating hemp products banned (Act 629 of 2023, Act 934 of 2025) | Arkansas Attorney General |
| Patient cards | Arkansas Department of Health; about 120,000 active cards (Oct. 10, 2026) | Arkansas Department of Health |
Is Marijuana Legal in Arkansas?
Only for medical use. Voters approved the Arkansas Medical Marijuana Amendment in 2016, and it became Amendment 98 to the state constitution.
Adult-use legalization has failed twice since. Issue 4, which would have legalized possession of up to 1 ounce for adults, lost in November 2022 by 56.3% to 43.7%. In October 2024 the Arkansas Supreme Court blocked a medical expansion initiative that would have allowed patient home growing. No cannabis question is on the November 2026 ballot, and no cannabis bills were filed in the one-month 2026 legislative session, according to the Marijuana Policy Project.
Federal law adds another layer. In April 2026 the Justice Department moved marijuana held under a state medical marijuana license to Schedule III, which covers Arkansas’s licensed medical market. All other marijuana remains in Schedule I. See our federal marijuana law guide.
Possession Penalties in Arkansas
Without a medical card, marijuana possession is a crime under Ark. Code 5-64-419:
- Less than 4 ounces: Class A misdemeanor, up to one year in jail and a fine of up to $2,500.
- 1 ounce to less than 4 ounces, with four or more prior possession convictions: Class D felony, up to six years and $10,000.
- 4 ounces or more: felony charges, with penalties rising by weight.
Arkansas has not decriminalized small amounts statewide. Police made 5,007 cannabis possession arrests in 2025, according to FBI data cited by the Marijuana Policy Project. Tourists from legal states have no protection: a legal purchase in another state is still illegal possession in Arkansas.
Medical Marijuana in Arkansas
The Arkansas Department of Health issues patient cards. About 120,000 Medical Marijuana ID cards were active as of October 10, 2026, according to the department.
How to qualify
- Get a written certification from a physician for a qualifying condition listed under Amendment 98. The Department of Health accepts petitions to add new conditions.
- Apply online and pay the $50 nonrefundable application fee. Renewals also cost $50.
- Caregivers pay $50, and a $40 criminal background check fee took effect October 1, 2026.
What patients may do
- Buy up to 2.5 ounces of usable marijuana in any 14-day period from a licensed dispensary.
- Possess and use cannabis on private property. Public smoking is not protected.
- Patients may not grow cannabis at home.
Visiting patients
Out-of-state patients with a valid card from their home state can apply online for a 90-day Arkansas visiting patient card for $50. Their condition must also qualify under Arkansas law. An out-of-state card alone does not let you buy at an Arkansas dispensary.
Driving, Federal Land and State Lines
Driving while impaired by marijuana is illegal in Arkansas for everyone, including registered patients. Keep any cannabis sealed and out of reach in a vehicle.
Hot Springs National Park, the Buffalo National River, national forests and military installations are federal land, where federal law applies and an Arkansas medical card offers no protection. Carrying cannabis across state lines is a federal crime, even from Missouri, which allows adult use. TSA refers cannabis found at screening to local police.
Delta-8, THCA and Hemp THC Products in Arkansas
Arkansas bans intoxicating hemp products. Act 629 of 2023 outlawed the sale of delta-8, delta-10, HHC, THC-O and similar cannabinoids made from hemp. A federal judge blocked the law, but in June 2025 the U.S. Court of Appeals for the Eighth Circuit lifted that injunction and held that the 2018 Farm Bill does not stop states from banning these products, according to the Arkansas Attorney General.
Act 934 of 2025 updated and expanded that ban. On April 22, 2026, Attorney General Tim Griffin certified the act after a final judgment in the state’s favor, making it fully enforceable, his office said. His office reported seizing more than 6,000 products within three months of enforcement.
Federal law is tightening too. A November 2025 federal law redefines hemp by total THC and caps finished products at 0.4 mg total THC per container. Its restrictions take effect November 12, 2026, for cannabinoids the plant cannot naturally produce, such as THC-O, and December 11, 2026, for everything else, including delta-8 made from CBD. Non-intoxicating CBD remains on sale in Arkansas, but buyers should check labels for THC.
Cannabis Taxes in Arkansas
Medical marijuana purchases carry the 6.5% state sales tax plus local sales taxes and a 4% privilege tax that took effect July 1, 2017, according to the Arkansas Department of Finance and Administration. A 2025 law, SB 59, directs medical cannabis tax revenue toward free school breakfasts.
What Changed in Arkansas Cannabis Law Recently
- Hemp ban certified (April 2026): Act 934 of 2025, expanding the intoxicating hemp ban, became fully enforceable.
- No 2026 ballot measure: No adult-use or medical initiative qualified for November 2026.
- Drive-through veto (April 2025): Gov. Sarah Huckabee Sanders vetoed HB 1889, which would have allowed drive-through pickup at dispensaries and eased delivery rules.
- Federal rescheduling (April 2026): State-licensed medical marijuana moved to Schedule III; adult-use marijuana remains Schedule I.
From the editor, James Buddsey: Arkansas surprises visitors because it borders Missouri, where adults can buy at licensed stores. Cross into Arkansas with a legal Missouri purchase and it becomes a misdemeanor in your pocket. If you need cannabis there, the visiting patient card is the only legal route.
Arkansas Marijuana Laws FAQ
Is weed legal in Arkansas?
Only for registered medical patients. Recreational marijuana is illegal, and voters rejected adult-use legalization in 2022.
What is the penalty for possession in Arkansas?
Possessing less than 4 ounces without a medical card is a Class A misdemeanor, punishable by up to one year in jail and a $2,500 fine under Ark. Code 5-64-419.
How much can medical patients buy in Arkansas?
Up to 2.5 ounces of usable marijuana in any 14-day period from a licensed dispensary.
Can you grow weed in Arkansas?
No. Home cultivation is illegal for everyone, including registered medical patients.
Is delta-8 legal in Arkansas?
No. Act 629 of 2023 and Act 934 of 2025 ban intoxicating hemp products, including delta-8, and courts have upheld the ban.
Does Arkansas accept out-of-state medical cards?
Not directly. Visiting patients must apply online for a 90-day Arkansas visiting patient card, which costs $50, and must have a condition that qualifies in Arkansas.
Will Arkansas legalize recreational weed in 2026?
No. No legalization measure is on the November 2026 ballot, and no cannabis bills were filed in the 2026 session.
More State Cannabis Law Guides
See every state in our state cannabis law guides, and read our federal marijuana law guide for rescheduling and the hemp redefinition. Heading west? Compare Arkansas with Colorado and California.
Neighboring state guides: Missouri · Tennessee · Mississippi · Louisiana · Texas · Oklahoma · All state cannabis laws
General information about Arkansas cannabis law as of October 2026, not legal advice.