Recreational marijuana is illegal under Arkansas marijuana laws. Voters rejected Amendment 4 in November 2022 by roughly 56% to 44%, so possessing cannabis without a valid medical marijuana card remains a criminal offense. Small amounts are a misdemeanor; larger quantities and repeat offenses are felonies. The only legal route to use is the state’s medical cannabis program.
Possession Penalties by Weight
What you’re carrying, and your record, decide whether this is a misdemeanor or a felony.
- Less than 4 ounces is a Class A misdemeanor, punishable by up to one year in jail and a fine up to $2,500.1Justia. Arkansas Code 5-64-419 – Possession of a Controlled Substance2Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
- 1 to 4 ounces with four or more prior drug convictions moves up to a Class D felony, carrying up to six years in prison and a fine up to $10,000.1Justia. Arkansas Code 5-64-419 – Possession of a Controlled Substance3Justia. Arkansas Code 5-4-401 – Sentence
- 4 ounces to less than 10 pounds is a Class D felony no matter your history, with the same six-year and $10,000 exposure.1Justia. Arkansas Code 5-64-419 – Possession of a Controlled Substance2Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
The gap between a misdemeanor and a felony matters well beyond the sentence. A felony conviction affects voting rights, professional licensing, housing applications, and federal student aid eligibility.
Selling or Delivering
Distribution charges rise fast with weight. Giving someone 14 grams or less is a Class A misdemeanor. From 14 grams to under 4 ounces it becomes a Class D felony. Larger quantities carry mandatory minimums: 4 ounces to under 25 pounds is a Class C felony with a three-year mandatory minimum, 25 to under 100 pounds is a Class B felony with a five-year minimum, and 100 to under 500 pounds is a Class A felony with a six-year minimum. Delivering to someone under 18 who is at least three years younger than the seller can double the authorized sentence.
Drug Paraphernalia
Arkansas charges paraphernalia separately. Pipes, rolling papers, and similar items used to consume marijuana are a Class A misdemeanor, matching the one-year jail cap and $2,500 fine for small-quantity possession. Paraphernalia used to grow or produce marijuana is a Class D felony.4Justia. Arkansas Code 5-64-443 – Possession of Drug Paraphernalia Grow lights and hydroponic equipment can bring a felony charge even if no plants are found.
Driver’s License Suspension
This one surprises people. Any drug conviction in Arkansas, including a first-offense misdemeanor marijuana charge, triggers a mandatory six-month driver’s license suspension. The court must order it unless there are “compelling circumstances” justifying an exception. If your license is already suspended for another reason, the drug suspension adds another six months on top. Commercial driver’s license holders face a one-year suspension instead.5Justia. Arkansas Code 27-16-915 – Suspension for Conviction of Drug Offenses
The Medical Marijuana Exception
The only legal path runs through the medical cannabis program administered by the Arkansas Department of Health, created when voters approved Amendment 98 in 2016.
Who Qualifies
A patient needs a written certification from an Arkansas-licensed physician confirming one of 18 recognized conditions: cancer, glaucoma, HIV/AIDS, hepatitis C, ALS, Tourette’s syndrome, Crohn’s disease, ulcerative colitis, PTSD, severe arthritis, fibromyalgia, Alzheimer’s disease, cachexia or wasting syndrome, peripheral neuropathy, intractable pain that has not responded to treatment for at least six months, severe nausea, seizures, and severe or persistent muscle spasms.6Arkansas Department of Health. Medical Marijuana FAQs
Card and Purchase Rules
Applicants must be Arkansas residents at least 18 years old. The Department of Health charges a non-refundable $50 application fee for the patient identification card.7Arkansas Department of Health. Patient Application With a card, a patient can buy up to 2.5 ounces every 14 days from a state-licensed dispensary. All purchases must go through those dispensaries. Home cultivation is prohibited, for patients and designated caregivers alike.
Federal Law Still Applies to Cardholders
Even patients in full compliance with Arkansas law run into federal problems, because marijuana remains a Schedule I controlled substance federally. In December 2025, President Trump signed an executive order directing the Attorney General to reschedule marijuana to Schedule III, but the rulemaking process had not been completed as of early 2026.8Congress.gov. Legal Consequences of Rescheduling Marijuana Until it finishes, Schedule I governs.
Firearms
Federal law bars anyone who is an “unlawful user of or addicted to any controlled substance” from possessing firearms or ammunition.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Because marijuana is still federally illegal, that prohibition reaches Arkansas medical marijuana patients. ATF Form 4473, filled out at every licensed gun dealer, asks directly about controlled substance use, and answering dishonestly is a separate federal crime. Rescheduling to Schedule III would not necessarily resolve this, since the firearms ban covers all controlled substances regardless of schedule.
Employment
No federal law protects marijuana users from workplace drug testing or termination, and Arkansas does not have a state law shielding medical marijuana patients from adverse employment actions. Federal contractors and employers covered by the Drug-Free Workplace Act can keep zero-tolerance policies. If marijuana is eventually rescheduled to Schedule III, employees with qualifying disabilities might gain leverage to request accommodations under the Americans with Disabilities Act, because Schedule III drugs are recognized as having accepted medical uses. That has not happened yet, and employers in safety-sensitive industries will keep broad authority to enforce drug-free policies either way.