Arkansas
Equity Project State Briefing
Legal Status
Is Cannabis Legal in Arkansas?
- Adult-Use:
- Medical:
Cannabis in Arkansas is only legal for medical purposes.
Date of Legalization
- Medical:
Arkansas legalized the medical use of cannabis in 2016.
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Possession Limits
Patients and caregivers may purchase up to 2.5 ounces of medical cannabis every 14 days from one state-approved dispensary.
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Other Licensing Provisions
License Caps
- License Caps:
Arkansas is a limited license state and caps the number of licensed dispensaries at 40. Municipalities are not permitted to prohibit the operation of dispensaries or cultivation facilities in their jurisdiction unless it is approved through an election ( under Article 5, § 1, of Arkansas constitution.)
Application Selection Process
- Selection System:
Arkansas distributes medical cannabis licenses through a merit system.
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Felony Disqualification on Ownership
- Ownership Exclusion for Felony Convictions:
- Exemption for Cannabis Offenses:
Arkansas’ medical framework disqualifies applicants for cannabis licensure on the basis of certain convictions. A license will not be granted to an individual convicted of a felony offense (unless the felony has been sealed or pardoned or is a controlled substance offense older than 10 years old).
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Employee Criminal Records
- Conviction Restrictions for Employees:
- Exemption for Cannabis Offenses:
Arkansas’ medical use sector has restrictions disqualifying potential employees with certain convictions. Any employee, supervisor, or agent of a dispensary, and any volunteer of a dispensary must have a current Registry Identification. The Division shall not issue a registry identification card to any person who has been convicted of an excluded felony offense. Excluded felonies include violations of controlled-substance laws within the last 10 years. This exclusion does not apply to felonies which have been sealed or pardoned.
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Availability of Expungements
- Expungements:
Yes. Expungements are available, but they are not automatic. Individuals with no more than one prior conviction may petition to seal a record of a conviction after five years so long as they did not spend any portion of their sentence in state prison. Convictions of possession with intent to distribute cannabis are eligible for relief (if no prison sentence). The statute granting relief is not specific to cannabis.
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Social Equity
Social Equity Definition / Criteria
Arkansas does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
Social Equity Provisions
Arkansas does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
License Priorities and Set Asides
Arkansas does not offer state level licensing priority or set asides to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
Fee Waivers and Reductions
Arkansas does not offer fee waivers or reductions to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
Other Financial Support for Social Equity Applicants and Licensees
Arkansas does not offer state level funding to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.