Arkansas Marijuana Laws

Arkansas has been progressing on the cannabis legalization path since 2016 when voters approved the Arkansas Medical Marijuana Amendment 98. This legislative milestone marked the beginning of a regulated medical marijuana program in the state. As of 2024, Arkansas continues to refine its cannabis laws and regulatory framework to ensure safe access for patients while maintaining strict compliance and oversight.

This blog will delve into the current state of marijuana laws in Arkansas, focusing on the types of licenses available, compliance requirements, and 2024’s latest developments. Using only official Arkansas sources, this guide aims to provide a comprehensive overview for patients, caregivers, and businesses involved in the Arkansas cannabis industry.

Fundamental Changes in the Arkansas Medical Marijuana Amendment of 2024

Arkansas has now begun to advance its marijuana laws, focusing in 2024 primarily on the expansion and refinement of its medical marijuana program. The recent Arkansas Medical Marijuana Amendment of 2024, approved by Attorney General Tim Griffin, brings significant changes aimed at making medical marijuana more accessible and user-friendly for Arkansans. 

• Extended Validity for Medical Marijuana Cards: Under the new amendment, the validity of medical marijuana cards has been extended from one year to three years, eliminating the annual renewal requirement. This change is designed to reduce the administrative burden on patients and streamline access to medical marijuana.
• Expanded Certification Authority: Doctors, pharmacists, nurse practitioners, and physician assistants are now authorized to certify patients for the medical marijuana program. This expansion is particularly beneficial for rural areas with limited access to doctors. By allowing a broader range of healthcare professionals to certify patients, the state aims to improve access to medical marijuana, especially in underserved areas.
• Broader Qualifying Conditions: Healthcare professionals can now certify patients based on any debilitating condition that might be relieved by marijuana—a significant expansion from the previous list of 18 qualifying conditions. By broadening the range of qualifying conditions, the state acknowledges the diverse medical needs of patients and the potential benefits of medical marijuana for various situations. 
• Home Cultivation: The amendment allows patients and designated caregivers over the age of 21 to grow a maximum of seven mature and seven immature marijuana plants. This provision provides patients with more control over their treatment options. Home cultivation empowers patients to manage their supply of medical marijuana, ensuring they have consistent access to their medication.
• Removal of Paraphernalia Prohibition: The state prohibition on the manufacturing and sale of paraphernalia used for marijuana consumption, including pre-rolled products, has been eliminated. This change allows dispensaries to offer a broader range of products and provides patients with more options for their treatment.
• Enhanced Compliance Measures: The ADH has introduced new compliance measures to ensure the integrity of the program. These include more stringent security requirements, enhanced reporting protocols, and increased frequency of inspections and audits.
• Increased Licensing Opportunities: The Arkansas Medical Marijuana Commission (AMMC) has issued additional licenses for cultivation and dispensaries in a bid to meet the growing demand for medical marijuana. This increase aims to improve patient access and reduce wait times for obtaining medical marijuana products.

Impact on Patients and Caregivers

The recent changes to Arkansas’s marijuana laws will have a significant impact on patients and designated caregivers. By extending the validity of medical marijuana cards and eliminating fees, the state has made it easier for patients to maintain their access to the treatments they need. The expanded certification authority ensures more patients can receive timely and appropriate certification for medical marijuana, particularly in rural and underserved areas. The broader range of qualifying conditions allows healthcare providers to tailor treatment plans to the specific needs of their patients, ensuring a more personalized approach to care.

Licensing Requirements

The amendment outlines updated licensing requirements for dispensaries and cultivation facilities. 

Businesses must meet stringent criteria to ensure compliance with: 

• State regulations
• Security measures
• Product tracking
• Employee training

These requirements are designed to maintain high standards within the industry and protect both consumers and employees from potential risks associated with marijuana production and sales. For more information, visit the Arkansas Department of Health (ADH).

Types of Licenses

Arkansas offers several types of licenses for entities involved in the medical marijuana industry. Each license type comes with specific requirements and regulations to ensure compliance and proper management.

Arkansas has two types of dispensary licenses. These are:

• Non-Cultivating Dispensary License: License holders may purchase marijuana from state-approved cultivators and processors for onward sale to qualified patients.
• Cultivating Dispensary License: License holders cultivate their own medical marijuana for direct sale to patients.

Fee Schedule

• Patient Medical Marijuana Card Application: $50.00 (non-refundable)
• Caregiver Medical Marijuana Card Application and Renewals: $50.00 (non-refundable)
• Caregiver Criminal Background Check: $37.00 (non-refundable)
• Visiting Patient (90-day card): $50.00 (non-refundable)

To qualify as a designated caregiver, individuals must meet the following criteria:

• Be at least 21 years old.
• Care for a qualifying patient who is a minor or has a documented physical disability.
• Possess a valid Arkansas resident identification (driver’s license or state ID).
• Successfully complete a criminal background check without excluding felony convictions.
• The patient must hold a current medical marijuana card.

Advertisement and Labeling Laws

Arkansas imposes strict regulations on medical marijuana advertising. Dispensaries are prohibited from using deceptive, misleading, or child-oriented content in their advertisements. Promoting marijuana as an intoxicant or encouraging excessive use is also forbidden.

Advertisers must include specific health warnings, such as the potential risks for pregnant women and the dangers of driving under the influence. Additionally, dispensaries are restricted from advertising on platforms with a significant youth audience.

To prevent underage access, marijuana advertising is banned within a thousand feet of schools or daycare centers and on public property. The size and placement of dispensary signs are also regulated to minimize exposure to children. Finally, discounts or promotions are generally prohibited, although there are exceptions for specific compassionate care plans.

Qualifying as a Medical Cannabis Patient in Arkansas

To qualify as a medical cannabis patient in Arkansas, individuals must have a diagnosed condition that a healthcare provider believes could benefit from marijuana treatment. 

Qualifying medical conditions include:

• Cancer
• Glaucoma
• Positive status for human immunodeficiency virus/ acquired immune deficiency syndrome
• Hepatitis C
• Amyotrophic lateral sclerosis
• Tourette’s syndrome
• Crohn’s disease
• Ulcerative colitis
• Post-traumatic stress disorder
• Severe arthritis
• Fibromyalgia
• Alzheimer’s disease
• Cachexia or wasting syndrome
• Peripheral neuropathy
• Intractable pain, i.e., that which has not responded to ordinary medications, treatment, or surgical measures for more than six months.
• Severe nausea
• Seizures, including—without limitation—those characteristic of epilepsy.
• Severe and persistent muscle spasms, including without limitation—those characteristic of multiple sclerosis.

Patients can purchase up to 2.5 ounces of medical marijuana every 14 days from licensed dispensaries. 

The use of medical marijuana is prohibited in specific locations, for example, near schools, prisons, and in the presence of pregnant women or minors.

Arkansas Medical Marijuana Expansion Initiative

Arkansas voters may consider a proposed amendment to the state’s constitution on November 5, 2024. This initiative would expand the existing medical marijuana program.

Key changes include:

• Allowing patients to grow their own marijuana.
• Expanding the types of healthcare providers who can certify patients.
• Increasing the number of qualifying medical conditions.
• Permitting patient assessments through telemedicine.
• Loosening restrictions on marijuana advertising.
• Recognizing out-of-state medical marijuana cards.
• Potentially allowing adults to possess small amounts of marijuana if federal laws change.

Arkansas’ original medical marijuana program was approved by voters in 2016.

Obtaining an Arkansas Dispensary License

Securing an Arkansas dispensary license is a multi-step process with specific qualifications and requirements. Applicants must be Arkansas residents aged 21 or older with a clean criminal record and no outstanding tax debts.

To apply, individuals must submit the necessary documents to the AMMC in person and pay a non-refundable application fee of $7,500. The AMMC then reviews each application before issuing a decision. Successful applicants must pay an additional license fee within a specified timeframe.

It’s important to note that the AMMC has a limited number of dispensary licenses available, and the application process is reserved for specific windows. Currently, the application window is closed, and interested parties must wait for the next opening.

The licensing process is managed by the AMMC, and applicants should consult their official guidelines for the most accurate and up-to-date information. Additionally, compliance is a top concern for dispensaries, and IndicaOnline’s POS system is a must for hassle-free compliance solutions.

Industry Guidelines and Compliance

Arkansas’ medical marijuana program has made significant strides since its inception, providing patients with access to safe and effective treatment options. Staying informed about the latest laws and regulations is crucial for patients, caregivers, and businesses involved in the industry.   Arkansas is committed to expanding its marijuana laws with a focus on patient well-being and the therapeutic benefits of medical marijuana. Understanding license types, compliance rules, and any recent changes is essential for comprehension of the complexities of Arkansas’ cannabis environment.  

While Arkansas continues to progress its medical marijuana program, the state has yet to legalize recreational marijuana. This limitation aligns with federal laws, which still classify marijuana as a Schedule I controlled substance. However, a proposed trigger law in Arkansas could potentially bring change: If marijuana becomes federally legal, Arkansas’ trigger law would automatically permit adults to possess small amounts of marijuana for recreational use. Additionally, the recent expansion of qualifying conditions for medical marijuana in Arkansas highlights the state’s commitment to providing broader access to cannabis for patients in need.

Note: This information is intended for general knowledge and informational purposes only and does not constitute legal advice. It is strongly recommended to consult with an attorney for legal guidance on any matter related to marijuana laws and regulations. For more information on Arkansas marijuana laws and the medical marijuana program, refer to the official resources provided by the Arkansas Department of Health and the Arkansas Medical Marijuana Commission.