Arkansas Statewide Rule

Arkansas Home Cannabis Cultivation Strictly Prohibited

Heavy RestrictionsApplies statewide across Arkansas (2026)

Key Facts

Patient Cultivation: Prohibited
Recreational Cultivation: Felony
Authority: Amendment 98
Statute: Ark. Code 5-64-401
Max Penalty: 6+ years prison

Last verified: September 5, 2026Source: Justia Law

Summary

Arkansas prohibits all home cultivation of marijuana, including by registered medical patients. Amendment 98 and Title 5 Chapter 64 make any unlicensed cannabis growing a felony. Only state-licensed cultivation facilities may legally produce marijuana statewide.

(a) Except as provided by this chapter, it is unlawful for a person to manufacture a Schedule VI controlled substance. (b) (1) A person who manufactures fourteen grams (14g) or less by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance is guilty of a Class A misdemeanor. (2) A person who manufactures more than fourteen grams (14g) but less than four ounces (4 oz.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance is guilty of a Class D felony. (3) A person who manufactures four ounces (4 oz.) or more but less than twenty-five pounds (25 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class C felony. (4) A person who manufactures twenty-five pounds (25 lbs.) or more but less than one hundred pounds (100 lbs.) by aggregate weight, including an adulterant or diluent, of a Schedule VI controlled substance upon conviction is guilty of a Class B felony. (5) A person who manufactures one hundred pounds (100 lbs.) or more by aggregate weight, including an adulterant or diluent, upon conviction is guilty of a Class A felony.

Source: Justia LawView official code

Full Breakdown

Arkansas Constitutional Amendment 98 (the Arkansas Medical Marijuana Amendment of 2016) and the implementing Arkansas Medical Marijuana Act explicitly bar patient or caregiver home cultivation. Only the state's licensed cultivation facilities, regulated by the Arkansas Medical Marijuana Commission and Department of Finance and Administration Alcoholic Beverage Control Division, may grow cannabis. Recreational cultivation remains a felony under Arkansas Code 5-64-401. Possession of any number of live plants is treated as manufacturing. Local governments cannot authorize home growing because state law preempts the field. Medical patients must purchase from licensed dispensaries.

Violations & Penalties

Home cultivation is a Class D felony or higher depending on plant count, punishable by up to 6 years prison, $10,000 fines, asset forfeiture, and federal prosecution risk.

Frequently Asked Questions

Can registered medical patients grow cannabis at home in Arkansas?

No. Arkansas is one of the few medical-only states that absolutely prohibits patient home cultivation. All medical cannabis must be purchased from licensed dispensaries.

Can Arkansas cities legalize home cultivation locally?

No. State constitutional and statutory law preempts the entire field. Cities cannot decriminalize or authorize cannabis cultivation, and local police must enforce state felony statutes.

Sources

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