Arkansas cannabis law

Under the Arkansas Medical Marijuana Law, medical marijuana patients can purchase up to 2.5 ounces of usable cannabis per 14-day period. However, the patient’s balance does not reset automatically every 14 days—each individual purchase is deducted from their limit for the following 14 days. Patients who applied online through the Medical Marijuana Patient Registry System can check their real-time balance by logging into their account and clicking the battery icon in the top right corner of the homepage. 

The possession limit is 2.5 ounces. Any cannabinoid edibles purchased from a dispensary cannot exceed 10mg of THC per serving.

Medical marijuana patients are not permitted to distribute the medical cannabis that they have purchased, as this can only be used for personal treatment.

While Arkansas allows registered patients to use medical marijuana, there are important restrictions in place to ensure safety and compliance with state law.

Prohibited activities

Patients cannot:

• Perform any task under the influence of marijuana if it would result in negligence or professional malpractice.
• Operate or control a motor vehicle, aircraft, boat, or any other motorized vehicle while under the influence of cannabis.

Restricted locations

Medical marijuana use is not permitted in:

• Schools, daycare centers, preschools, or college campuses.
• Drug or alcohol treatment facilities.
• Community or recreation centers.
• Correctional facilities.
• Public transportation.
• Any public place where cannabis consumption could affect others.

Smoking restrictions

Patients cannot smoke medical marijuana:

• Anywhere tobacco smoking is prohibited by law.
• In the presence of a child under 14 years old.
• Inside a vehicle, aircraft, or boat.
• Near a pregnant woman.
• In a way that could cause someone else to become intoxicated.
• If they are under 21 years old.

These regulations are designed to protect patients and the public while ensuring medical cannabis use remains responsible and compliant with Arkansas law. Patients should always stay informed of the latest legal updates.

Personal cultivation

Arkansas law prohibits medical marijuana patients and their caregivers from growing marijuana at home for personal use. According to the Arkansas Medical Marijuana Amendment of 2016,only licensed growers are authorized to cultivate marijuana in the state.

Patients can legally obtain cannabis-infused products only from state-licensed dispensaries. Unauthorized cultivation in Arkansas is a criminal offense, with penalties ranging from a Class A misdemeanor to a felony, depending on the amount of substance involved.

Commercial cultivation

Arkansas offers a marijuana business license for those who want to legally grow medical cannabis. Applicants need to prove possession of $1,000,000 in security bond and a minimum of $500,000 in liquid assets. To become a commercial grower in Arkansas, applicants must:

• Be at least 21 years old.
• Been a resident in Arkansas for seven consecutive years or more.
• Have no ownership in any other cultivator in Arkansas.
• Not have had a license in a cannabis facility that has been revoked.
• Not have been convicted of a felony.
• Have a professional license. 
• Not have outstanding tax delinquencies.  

Commercial cultivation in Arkansas can only be done at least 3,000 feet from a public or private school, daycare, church, or facility for people with developmental disabilities.

The Arkansas Medical Marijuana Program allows registered patients to designate a caregiver, an individual who assists with the purchase, possession and administration of the state-allowed amount of medical cannabis. This option is particularly helpful for minors, housebound or disabled patients who require assistance.

Requirements to be a designated caregiver in Arkansas

To qualify as a caregiver, you must:

• Be 21 years or older. 
• Be a resident of Arkansas with evidence.
• Have no felony offenses on their record in the last ten years.
• Not be a member of the Arkansas Guard or United States military.
• Have a qualifying patient who holds a valid medical marijuana card and is either a minor or marked as physically disabled on the physician’s written certification form.

Applying for a caregiver card

Caregivers must apply for a registry card through the Arkansas Department of Health (ADH). The application process includes:

• Submitting a designated caregiver application.
• Completing a criminal background check (not required for parents or legal guardians of minors).
• Paying a non-refundable $50 application fee and a $37 background check fee, if applicable.

Important considerations for caregivers

• Only minors and disabled patients can appoint a caregiver in Arkansas. The ADH does not assign caregivers, patients must apply directly. 
• A caregiver with a qualifying medical condition can also register as a patient under the Arkansas Medical Marijuana Program.
• A caregiver cannot legally consume medical marijuana unless they are also a registered patient.
• A caregiver can serve multiple patients, but they must apply for and obtain a separate registry card for each patient($50 per card).
• A patient can have more than one caregiver, but each caregiver must apply and pay the necessary fees separately.
• A parent or legal guardian must apply as a caregiver to purchase medical marijuana for a minor, as patients under 18 years old cannot buy from dispensaries themselves.
• Caregivers are allowed to possess up to 2.5 ounces of medical marijuana on behalf of their patient(s).

Caregiver responsibilities

Medical marijuana caregivers must ensure that their patient uses cannabis responsibly, as they are responsible  for both purchasing and administering the medical cannabis.

Staying informed about the latest laws and regulations in Arkansas is essential to ensuring compliance and protecting the patient’s rights. Caregivers should also handle all medical documents securely and respect patient confidentiality at all times. When assisting a minor, extra caution and care should be taken to ensure their well-being and proper use of medical cannabis.

Veterans in Arkansas who require medical marijuana treatment due to their physical and mental health conditions can apply for a medical card. Like any other patient, Arkansas allows veterans to apply for and use medical cannabis. If you meet the qualifying medical conditions, you can purchase medical cannabis as a veteran. 

Although members of the Arkansas National Guard or the United States military cannot obtain a medical marijuana registry card, veterans can apply during their retirement. However, while medical marijuana is legal in the state, it remains a Scheduled One controlled substance. As a result, veterans  cannot obtain certification for medical cannabis through the VA hospital, as VA doctors—being federal employees—are prohibited from certifying patients for medical marijuana.

To receive a MMJ card, veterans must consult a private, state-licensed physician outside the VA system. The VA does not cover the costs of medical marijuana, and veterans cannot use or possess cannabis on VA property. However, participation in the state’s medical marijuana program does not impact a veteran’s eligibility for VA healthcare. Veterans are encouraged to inform their VA doctors if they use medical cannabis, as it may affect their treatment plans, particularly for pain management.

At Dr. Weedy, we fully support veterans that are seeking a medical marijuana card for diverse qualifying conditions. We provide exclusive discounts to veterans who have applied for medical marijuana certification, dedicated to providing access to affordable care. Click here to learn more about our veteran’s discount program.

Medical marijuana patients in Arkansas with a disability can purchase and administer cannabis through their caregivers. The designated caregiver is meant to help in buying, transporting, possessing and using medical marijuana. Dr. Weedy makes it easy for persons with a disability to get a new card through a seamless online platform.

Our certification process is completely remote, providing seamless access to Arkansas residents with disabilities. You can book a consultation with an Arkansas-licensed physician through telemedicine and send the application online, from the comfort of your home. The medical card will also be sent to your home through mail. Then, the caregiver will assist with the proper use of medical cannabis.

A reciprocity program is when a state allows individuals from other states to buy medical marijuana with their existing medical card. Arkansas offers medical marijuana reciprocity to patients from other states in the United States. But, the patients must qualify as a visiting out-of-state patient. 

To be eligible, the patient must have a medical marijuana card or its equivalent from their home state. Also, the medical condition for the out-of-state patient must also be approved under the Arkansas medical marijuana program. 

Out-of-state patients must fill out a visiting patient application and pay a non-refundable fee of $50. If approved, they will receive an email notification prompting them to log in to the AR Medical Marijuana System account and print their visiting patient card. Visiting MMJ cards are valid for 90 days.

Medical marijuana patients in Arkansas can qualify for the medical card if they have been diagnosed with conditions like PTSD and chronic pain. The Arkansas Medical Marijuana Program lists post-traumatic stress disorder and pain that has not been alleviated by normal treatment as part of its qualifying conditions. ASD has not yet been added to the list of qualifying conditions. 

• PTSD: Post Traumatic Stress Disorder is a mental health condition that occurs when a patient witnesses or experiences a traumatic event. The symbols of PTSD include nightmares, anxiety and hyperarousal. PTSD is on the list of Arkansas qualifying conditions. Before sending the application, consult a physician in Arkansas on whether you need medical marijuana treatment for PTSD.
• Chronic Pain: One of the qualifying medical conditions in Arkansas is intractable pain that has not responded to normal medications, surgical measures or treatments for more than six months. Cannabis is known to be effective in pain relief, but it’s important to consult your physician and determine whether the treatment is ideal for you.
• Autism Spectrum Disorder: The Arkansas Medical Marijuana Program has not yet added Autism Spectrum Disorder as a qualifying condition. Also, the marijuana program does not allow licensed physicians to prescribe cannabis for conditions not included in the list of qualifying conditions. However, new conditions can be proposed through a petition process. Petitions are reviewed and scheduled for a hearing, with a final decision issued within 120 days of submission.

In Arkansas, medical marijuana patients are protected from discrimination in the workplace. Employers cannot refuse to hire, terminate, or otherwise penalize an applicant or employee based solely on their status as a medical marijuana cardholder or designated caregiver.

However, employers are allowed to implement drug-free workplace policies, conduct drug testing, and take disciplinary action if they have a good faith belief that an employee used or was under the influence of marijuana at work. A positive drug test alone is not sufficient evidence to prove impairment. Additionally, employers may exclude medical marijuana patients from safety-sensitive positions if they believe the employee is currently using marijuana.

Employers also retain the right to take employment actions such as reassigning duties, placing employees on leave, requiring substance abuse treatment, or terminating employment if deemed necessary. While employees can pursue discrimination claims, potential damages are limited under Arkansas law, and claims must be filed within one year of the alleged violation.

can also prevent medical marijuana cardholders from consuming marijuana while on the premises or during employment hours.