Arkansas

Medical since 2016

Last verified: March 2026 · editorial-team

Possession Limit

N/A

Flower (adult use)

Concentrates

N/A

Per transaction

Home Grow

Not permitted

Personal cultivation

Delivery

Not allowed

Licensed delivery

License Types

cultivation

Cultivation facility license — Arkansas caps cultivation licenses at 8 statewide. Licensees must grow, process, and supply dispensaries. The tight cap has created a supply bottleneck and kept wholesale prices elevated.

Est. Fees

$15,000 application + $100,000 annual

Processing Time

12+ months (new licenses rarely issued due to cap)

retail

Dispensary license — capped at 40 statewide (originally 32, expanded to 40). Must employ a licensed pharmacist as a consultant. Dispensaries can only sell to registered patients with valid medical marijuana cards.

Est. Fees

$7,500 application + $22,500 annual

Processing Time

6–12 months

transport

Transporter permit — required for moving cannabis between cultivation facilities and dispensaries. GPS-tracked vehicles, two-person crews, manifests required.

Est. Fees

$5,000 application + $5,000 annual

Processing Time

3–6 months

Testing Laboratory

Testing laboratory license — independent facility for mandatory product testing. Must be ISO 17025 accredited. All medical cannabis must pass potency and safety testing before sale.

Est. Fees

$5,000 application + $10,000 annual

Processing Time

6–12 months

Tax Structure

Excise Rate

6.5% privilege tax on gross receipts of dispensaries + 4% state supplemental cannabis tax

Sales Tax

Applied

Effective Total

16–20% total (state privilege tax + supplemental tax + state/local sales tax)

Arkansas levies a 6.5% privilege tax on dispensary gross receipts plus a 4% supplemental cannabis tax. Standard state sales tax of 6.5% and local taxes (up to ~5%) also apply. Total consumer burden runs 16–20% depending on location. Revenue is split among the state general fund, University of Arkansas medical research, state drug court programs, and other designated funds.

Regulatory Body

Arkansas Alcoholic Beverage Control Division — Medical Marijuana Section

ABC/MMS

Key Statutes

Issue 6 — Arkansas Medical Marijuana Amendment

Ark. Const. Amend. 98

Passed by voters in November 2016 with 53% support. Established the medical marijuana program, created the Medical Marijuana Commission for licensing, and listed qualifying conditions. First dispensary opened in 2019 after a lengthy regulatory buildout.

Issue 4 — Recreational Legalization (Failed)

N/A (ballot measure)

Appeared on the November 2022 ballot. Would have legalized recreational cannabis and allowed existing medical operators to add adult-use sales. Defeated 56–44%. A state Supreme Court ruling initially removed it from the ballot over signature disputes; it was reinstated but ultimately failed.

Act 629 — TCUP Patient Protections

Ark. Code Ann. § 20-56-401 et seq.

Added employment protections for registered medical marijuana patients — employers cannot discriminate based solely on medical marijuana patient status, with exceptions for safety-sensitive positions and federal contractors.

For Operators

A constrained market by design

Arkansas built its medical cannabis program with hard caps: 8 cultivation licenses, 40 dispensary licenses, statewide. That scarcity drives up license values and wholesale prices but limits competition and consumer access. Annual medical sales have grown steadily, exceeding $350 million in 2025, but the market is supply-constrained rather than demand-constrained.

Recreational failed — for now

Issue 4's defeat in 2022 was a setback for operators hoping to tap the broader adult-use market. The campaign was hampered by infighting among industry players and legal challenges over ballot language. Another attempt is expected, but nothing is on the immediate horizon. Operators are building within the medical framework.

Entry barriers are high

New cultivation licenses aren't being issued. Dispensary licenses occasionally become available through forfeiture or transfer. Acquiring an existing license on the secondary market is the primary entry path, and prices reflect the scarcity. Expect $3M–$8M for a dispensary license with an operating location. The high barrier protects incumbents but freezes out smaller operators.

For Consumers

Medical card required

Arkansas has no recreational cannabis. You need a medical marijuana card issued by the Arkansas Department of Health to purchase from a licensed dispensary. Qualifying conditions include cancer, glaucoma, PTSD, Crohn's disease, severe arthritis, fibromyalgia, and chronic pain. A physician must certify your condition and register you in the state system.

Possession and purchasing limits

Registered patients can purchase up to 2.5 ounces of cannabis every 14 days. That's tracked by the state's seed-to-sale system, so dispensaries will know your remaining allotment. Home cultivation is not permitted — all cannabis must be purchased from a licensed dispensary.

Penalties for non-patients

Possession without a medical card remains a criminal offense. Under 4 ounces is a misdemeanor (up to one year in jail, $2,500 fine). Over 4 ounces is a felony. Concentrates and edibles purchased illegally carry the same penalties as flower. Arkansas has not decriminalized possession for non-patients.

Get Law Change Alerts

We track Arkansas law changes weekly. Get notified when something moves.

Last verified: March 23, 2026 · Source: editorial-team

This is educational information only, not legal advice. Verify current regulations with Arkansas Alcoholic Beverage Control Division — Medical Marijuana Section before making business decisions. Laws change — always check the official source.

Explore Nearby States