Marijuana laws vary quite a bit from state to state, with a growing number of states even legalizing the federally prohibited herb. Several states also allow the medical use of marijuana with a physician's written recommendation, but each state has its own unique approach to regulation. Arkansas is one of more than 25 states which allows for medical use for certain conditions. But for the most part, states do not punish people as severely for marijuana offenses as they do for other drugs, such as heroin or methamphetamines.
Arkansas Marijuana Laws at a Glance
Arkansas drug laws allow some discretion by the court, with the possibility for up to one year of incarceration for possession of small amounts. The state also imposes mandatory minimum sentences for possession of more than 10 pounds or sale of more than 4 ounces. Possession of more than 500 pounds is considered trafficking, or "presumption of intent" to traffic.
|Code Section||5-64-101, et seq.|
|Possession||Less than 4 oz., 1st offense: Class A misdemeanor (max. 1 yr., $2,500 fine); 1-4 oz., and any subsequent offense: Class D felony (max. 6 yrs., $10,000 fine); 4 oz. - 10 lbs.: max. 6 yrs., $10,000 fine; 10-25 lbs.: mandatory min. 3 yrs - max. 10 yrs. and $10,000 fine; 25-100 lbs.: mandatory min. 5 yrs. - max. 20 yrs. and $15,000 fine; 100-500 lbs.: mandatory min. 6 yrs. - max. 30 yrs. and $15,000 fine.
|Sale/Delivery||14 g or less: misdemeanor (max. 1 yr., $2,500 fine); 14 g - 4 oz.: felony (max. 6 yrs., $10,000); 4 oz. - 25 lbs.: mandatory min. 3 yrs. - max. 10 yrs. and $10,000 fine; 25-100 lbs.: mandatory min. 5 yrs. - max. 20 yrs. and $15,000 fine; 100-500 lbs.: mandatory min. 6 yrs. - max. 30 yrs. and $15,000 fine; increased penalty within 1000 ft. of school|
|Trafficking||500 lbs. or more (presumption of intent to traffick): mandatory min. 10 yrs. - max. 40 yrs., $15,000 fine
Yes, in 2016 voters approved the Arkansas Medical Marijuana Amendment, (Issue 6) as an amendment to the state constitution. This amendment legalized marijuana for medical use in Arkansas for 17 qualifying conditions and allowed for the establishment and regulation of marijuana dispensaries and cultivation facilities. Qualifying medical conditions include:
For the most updated information, speak with an attorney or contact the Arkansas Department of Health.
Note: State laws are always subject to change, usually through the enactment of new statutes but sometimes as the result of a higher court's ruling. You may want to contact an Arkansas drug crimes attorney or conduct your own legal research to verify the state law(s) you are researching.
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Laws surrounding marijuana use, either for recreational or medical purposes, change constantly. It is important to have the most up-to-date information if you or someone you love is being charged with a crime or is interested in using marijuana for a qualifying medical conditions. Speak with an experienced Arkansas criminal defense attorney to learn more and get a free case review.
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