The State of Arkansas Medical Marijuana Amendment or Amendment 98 legalized the licensed cultivation of cannabis in Faulkner County for medical use in 2016.
To cultivate medical cannabis, a medical marijuana cultivation facility license must be obtained from the Medical Marijuana Commission under the Arkansas Department of Finance and Administration (DFA). A minimum of four and a maximum of eight cultivation facility licenses shall be issued statewide. The Department’s licensing rules and operational rules for medical cannabis businesses must be complied with.
When applying for the medical cannabis cultivation facility license, a criminal history check must be passed by the company owners, officers, and board members. The application fee is $15,000, with half refundable in case the application is turned down. There is a $100,000 license fee and the same yearly renewal fee, plus a performance bond of $500,000.
All licensed medical cannabis cultivation facilities must be in compliance with the municipality’s zoning regulations. The cultivation facility must be separated from any church, daycare establishment, or school by at least 3,000 feet. A licensed medical cannabis cultivation facility located on a leased property must have the property owner’s approval in writing for use in medical cannabis cultivation.
Medical cannabis cultivation must be done by the licensee within a building or an enclosed sturdy greenhouse with locked doors. All medical cannabis cultivation activities must be undetectable to the public by sight or through odors, glare, or noise.
A security system must be put in place to protect the licensed medical cannabis cultivation facility continuously with alarms and video camera surveillance. Video recordings must be retained for no less than 90 days. All facility staff are required to be registered with the Alcoholic Beverage Control Division of the DFA. They must wear their IDs on the premises.
Amendment 98 of the State of Arkansas legalized the licensed manufacturing of medical cannabis products in Faulkner County. To manufacture medical cannabis products, a medical marijuana processor license or a medical cannabis cultivation facility license must be acquired from the Arkansas Medical Marijuana Commission. The medical cannabis cultivation facility license also authorizes medical cannabis product manufacturing.
There is no limit on the number of medical marijuana processor licenses to be issued throughout the state. The application fee is $5,000, the license fee and yearly renewal fee are likewise $5,000, and the performance bond is $100,000. All applicants and licensees must comply with the relevant licensing rules and operational rules of the DFA. Other requirements with regard to the application process as well as facility location, indoor operation, and security measures are the same as those for medical marijuana cultivation licensees.
The following substances are prohibited by the Arkansas Medical Cannabis Commission for use in medical cannabis product manufacturing:
The licensed manufacturing of medical cannabis products must be done in a properly ventilated closed room. All electrical systems and equipment must comply with electrical and fire codes and have the prior approval of the relevant municipal authority.
All municipal and state regulations for retail food businesses must be complied with by a licensed medical cannabis manufacturer in manufacturing edible medical cannabis products. All ingredients to be used must meet food product standards of the U.S. Food and Drug Administration (FDA) and DFA. Edible medical cannabis in the form of food and beverages must have a maximum tetrahydrocannabinol (THC) content of 10 milligrams in one serving that is marked physically. If it is not possible to differentiate between servings, the whole package may contain no more than 10 milligrams of THC.
Medical cannabis product packaging must not look like food products that appeal to children. They must also be food-compliant, sealed, and child-proof. Furthermore, they must carry labels that comply with the guidelines of the Arkansas Department of Health (ADH).
The State of Arkansas’ Amendment 98 legalized the licensed retail selling of medical cannabis and medical cannabis products solely to medical cannabis cardholders in Faulkner County.
A medical cannabis dispensary must first obtain a medical marijuana dispensary license or a medical cannabis cultivation facility license from the Arkansas Medical Marijuana Commission. The medical cannabis cultivation facility license also authorizes medical cannabis and medical cannabis product retail. The DFA rules on medical cannabis dispensary licensing and operations must be complied with by all applicants and licensees.
The Commission will grant no less than 20 and no more than 40 medical cannabis dispensary facility licenses across the state, with a maximum of four in each county. The state had 33 licensed medical cannabis dispensary facilities as of July 2023, with one located in the City of Conway in Faulkner County.
There is a $7,500 application fee, with half refundable in case the application is turned down. There is also a $15,000 license fee, a performance bond of $100,000, and a yearly renewal fee of $22,500.
The licensed dispensary must be separated from any church, daycare establishment, or school by at least 1,500 feet. It must comply with the zoning regulations of the municipality. Other application and security requirements are the same as those for medical cannabis cultivation and manufacturing facility licenses.
The allowed business hours for licensed medical cannabis dispensaries are from 7 a.m. to 10 p.m. Medical cannabis cardholders may enter. If they are accompanied by their non-cardholding parent or their child, the companion must stay in the licensed dispensary’s waiting area.
In addition to medical cannabis plant parts and flowers, licensed medical cannabis dispensaries are permitted to sell by retail medical cannabis products such as concentrates, oils, extracts, waxes, edible goods, vapors, and other formulations, except forms intended to be used through combustion.
The purchase limit for each medical cannabis cardholder within every 14-day period is 2.5 ounces of usable medical cannabis. Before a sale, the staff of the licensed dispensary is required to verify the validity of the purchaser’s medical cannabis card on the Arkansas Medical Marijuana System online. Previous purchases of the medical cannabis cardholder will also be checked on the system to ensure that the purchase limit is not exceeded for the current period. Afterward, all purchase details are documented on the same system.
Licensed medical cannabis dispensaries are allowed to sell to visitors to the State of Arkansas who hold valid medical cannabis cards or the equivalent from their home states.
Licensed medical cannabis dispensaries in Faulkner County are allowed by the DFA’s medical cannabis operational rules to deliver to the residences of medical cannabis cardholders the medical cannabis and medical cannabis products they purchased. Deliveries can only be made from 9 a.m. to 7 p.m.
All types of licensed medical cannabis businesses are also permitted by the same DFA operational rules to transport medical cannabis and medical cannabis products to each other.
Residents of Faulkner County may get a medical marijuana card by applying online on the ADH Medical Marijuana Patient Registry System. After creating an account, they must get a written certification from a qualified physician who has diagnosed them with at least one of the following ailments:
No more than 30 days after receiving the physician’s certification, the online application must be completed by the patient, including the submission of digital copies of the patient’s state ID and physician’s certification. The $50 fee must also be paid.
Patients below the age of 18 are required to have a caregiver who must likewise apply for a medical cannabis card on the same online portal. A criminal background check must be passed if the caregiver is not a parent of the patient. The fee is $50 as well for caregivers.
The physical medical cannabis card will be sent by mail while a digital copy will appear on the online account of the patient and the caregiver, respectively. The validity period is one year and it is renewable.
To avail of a 90-day medical cannabis card in the State of Arkansas, visitors from other states who hold valid medical cannabis cards must also apply through the same online portal and pay the $50 fee.
Further information may be requested from the Arkansas Department of Health through the following:
4815 W. Markham St., Slot 50
Little Rock, AR 72205
Toll-Free 1-833-214-8619 or
501-682-4982
Amendment 98 of the State of Arkansas subjects all sales of medical cannabis and medical cannabis products to the regular state sales taxes and local sales taxes. Sales come from the 85,192 new and renewed patients registered as of June 30, 2022, as stated in the DFA’s 2022 Fiscal Year Report. Registered patients from Faulkner County numbered 3,568.
The DFA announced that medical cannabis and medical cannabis product sales totaled $23.9 million for April 2023 alone. This earned tax revenues amounting to $2.85 million, bringing the cumulative earnings of the state from medical cannabis and medical cannabis products to more than $100 million.
Medical cannabis was legalized in Faulkner County in 2016.
Data sent by the Faulkner County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2015, a year before the legalization of medical cannabis, there were 17 arrests for marijuana possession, comprising all arrests for marijuana offenses.
In 2017, a year after the legalization of medical cannabis, there were 25 arrests for marijuana possession and one arrest for marijuana sales, totaling 26 arrests for marijuana offenses.
In 2019, there were 24 arrests for marijuana possession and one arrest for marijuana sales, totaling 25 arrests for marijuana offenses.
In 2021, the latest data showed 10 arrests for marijuana possession, comprising all arrests for marijuana offenses.
The number of DUI arrests in those years was as follows: