Arkansas Cannabis & Substances Laws (2026)

A comprehensive legal reference for cannabis & substances in the state of Arkansas. This guide covers current statutes, penalties, and restrictions for 7 different categories.

Arkansas permits hemp-derived CBD products under the Arkansas Industrial Hemp Act (Ark. Code Ann. § 2-15-401 et seq.). Products must contain less than 0.3% THC and comply with state testing and labeling requirements.

Possession

Legal to possess hemp-derived CBD products with less than 0.3% THC.

Sale

Sale is allowed with compliance to state licensing and testing requirements.

Penalties

N/A

Age Restriction

None

Arkansas law (Arkansas Code § 5-64-101) classifies Delta-8 THC as a Schedule I controlled substance if synthetically derived. The Arkansas Hemp Farming Act excludes hemp with less than 0.3% Delta-9 THC, but Delta-8 produced via chemical conversion is banned. Thus, Delta-8 products are generally illegal unless naturally derived and compliant.

Possession

Illegal if Delta-8 is synthetically produced; legal if naturally derived and compliant with hemp laws.

Retail Sale

Sale of synthetic Delta-8 is prohibited; natural hemp-derived products may be sold under hemp regulations.

Penalties

Possession or sale of synthetic Delta-8 can lead to felony charges.

Age Restriction

21+ for hemp products; Delta-8 generally restricted.

Hemp-derived Delta-9 THC edibles are restricted in Arkansas. Act 629 of 2023, which took effect in 2025 after legal challenges, prohibits industrial hemp that contains intoxicating psychoactive substances like Delta-8 and Delta-9 THC.

Possession

Legal with restrictions on potency

Retail Sale

Legal through licensed retailers only

Penalties

Non-compliant products may result in fines.

Age Restriction

21+

Kratom

ILLEGAL

Kratom is illegal in Arkansas. as it is classified as a Schedule I controlled substance under Arkansas Code Title 5, Chapter 64, Subchapter 1. Possession, sale, or manufacture is prohibited.

Possession

Illegal to possess kratom.

Sale

Illegal to sell or distribute kratom.

Penalties

Violations can result in felony charges with imprisonment and fines under Arkansas controlled substances laws.

Age Restriction

N/A

Psilocybin mushrooms are classified as Schedule I controlled substances under Arkansas Code § 5-64-401. Possession, sale, or manufacture is illegal with criminal penalties.

Possession

Illegal; possession is a criminal offense.

Distribution

Illegal; sale or distribution is a felony.

Penalties

Penalties include imprisonment and fines under Arkansas Code § 5-64-401.

Age Restriction

None (illegal for all ages).

Recreational marijuana is not legal in Arkansas, but medical marijuana is available with a qualifying condition and state-issued card. There have been no significant legislative changes toward legalizing recreational marijuana from 2023-2026.

Personal Possession

Medical only with state card. Recreational possession under 4 oz is a Class A misdemeanor (up to 1 year jail, $2,500 fine). Over 4 oz is a Class D felony.

Retail Purchase

Illegal for recreational purposes. Medical dispensaries operate under Amendment 98. Unlicensed sale is a felony.

Penalties

Under 4 oz: misdemeanor, up to 1 year. 4 oz to 25 lbs: Class D felony (up to 6 years). Over 25 lbs: Class C felony (3-10 years).

Age Restriction

18+ with medical card, 21+ in some programs

Salvia

ILLEGAL

Salvia divinorum is a controlled or banned substance in Arkansas. No recent changes to the law.

Possession

Illegal. Salvia divinorum is classified as a controlled substance in Arkansas. Possession is a criminal offense.

Sale

Illegal. Sale and distribution of salvia is prohibited in Arkansas.

Penalties

Misdemeanor or felony charges depending on state classification.

Age Restriction

N/A