Sebastian County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Sebastian County?

Licensed cannabis cultivation in Sebastian County for medical purposes was legalized by the State of Arkansas Medical Marijuana Amendment of 2016, also called Amendment 98.

A medical cannabis cultivation facility license granted by the Arkansas Department of Finance and Administration’s (DFA) Medical Marijuana Commission is required for a cannabis cultivation business to open in Sebastian County. Applicants and licensees must comply with the medical cannabis licensing rules and medical cannabis operational rules of the DFA.

The medical cannabis cultivation facility licensee is authorized not just to grow medical cannabis crops but also to manufacture medical cannabis products. It may sell its medical cannabis and medical cannabis products to licensed medical cannabis dispensaries. A minimum of four and a maximum of eight medical cannabis cultivation facility licenses will be issued by the Arkansas Medical Marijuana Commission throughout the state.

To apply for the medical cannabis cultivation facility license, a company’s owners, board members, and officers must undergo fingerprinting and a Criminal History Check. There is a $15,000 application fee, of which half will be returned if the application is disapproved. If the application is approved, the license and annual renewal fee is $100,000. The licensee must also put up $500,000 as a performance bond.

The medical cannabis cultivation licensee must be compliant with municipal regulations on zoning. There must be 3,000 feet or more separating a licensed medical cannabis cultivation facility from a daycare center, school, or church. If the medical cannabis cultivation licensee does not own the property, proof of the property owner’s consent for commercial cannabis cultivation must be provided.

Licensed medical cannabis cultivation and product processing must be done only inside a building or an enclosed and solidly-built greenhouse. The public must not be able to view any medical cannabis activities or detect any odors, noise, or glare from them.

The licensed medical cannabis cultivation facility must be protected around the clock by a security system with continuously recorded video surveillance, alarms, and locks. Recorded footage must be saved for at least 90 days. All personnel must register with the DFA Alcoholic Beverage Control Division and wear their ID whenever they are in the facility.

Is Cannabis Manufacturing Legal in Sebastian County?

Licensed medical cannabis product manufacturing in Sebastian County was legalized by Amendment 98 or the Medical Marijuana Amendment of 2016 of the State of Arkansas. While the medical cannabis cultivation facility license also allows medical cannabis product manufacturing, the medical marijuana processor license of the Arkansas Medical Marijuana Commission may be applied for by companies that wish to do only manufacturing and not cultivation. There is no cap on the number of such licenses to be granted by the Commission.

Applicants and holders of the medical marijuana processor license are also subject to the DFA’s medical cannabis licensing and operational rules. There is a $5,000 application fee and a $100,000 performance bond. The license and renewal fee is also $5,000. Other requirements for application, as well as the facility’s location, restrictions on operations, and security, are similar to those required from medical cannabis cultivation licensees.

Licensed medical marijuana processors are not allowed by the Arkansas Medical Cannabis Commission to use any of the following when manufacturing medical cannabis products:

• Carbon dioxide heated or pressurized to above 180 degrees
• Solvents classified as “Class 1” by the Federal Drug Administration Guidance
• Denatured alcohol
• Canned and pressurized flammable fuel, such as butane
• Non-potable ice or water
• Non-food-grade non-hydrocarbon-based solvents
• Hydrocarbon-based solvents with purity of less than 99 percent

Licensed medical cannabis product manufacturing must be done only in an enclosed room with proper ventilation. All equipment and electrical systems must be compliant with the relevant fire codes and electrical codes and must have been approved by the municipal fire code authority.

When manufacturing edible medical cannabis products, a medical cannabis product manufacturing licensee must comply with the same state and municipal regulations covering retail food businesses. Food or beverage infused with medical cannabis must have not more than 10 milligrams of tetrahydrocannabinol (THC) content per serving, and each serving must be physically marked. If servings cannot be easily determined, the entire edible medical cannabis product package must have only 10 milligrams or less of THC.

All medical cannabis products must be in sealed, child-proof, and food-compliant containers and must not resemble food items that are attractive to children. They must be labeled in compliance with the Arkansas Department of Health (ADH) guidelines.

Is Cannabis Retail Legal in Sebastian County?

Licensed medical cannabis retail in Sebastian County was legalized by the State of Arkansas’ Medical Marijuana Amendment of 2016 or Amendment 98. A medical cannabis dispensary license issued by the DFA’s Medical Marijuana Commission is needed before a cannabis dispensary can sell medical cannabis and medical cannabis products to medical cannabis cardholders in Sebastian County. Applicants and licensees must comply with the DFA’s medical cannabis licensing and operating rules.

A minimum of 20 and a maximum of 40 medical cannabis dispensary facility licenses will be issued by the Arkansas Medical Marijuana Commission, distributed across the state. A county is allowed to have only a maximum of four licensed dispensary facilities. As of July 2023, there were 33 licensed medical cannabis dispensary facilities in the State of Arkansas, with one located in the City of Fort Smith in Sebastian County.

The application fee is $7,500, with half to be refunded if the application is not approved. If the application is accepted, the license fee is $15,000, and a $100,000 bond is required. The annual renewal fee is $22,500.

There must be a separation of 1,500 feet or more between a licensed medical cannabis dispensary facility and a daycare center, school, or church. The facility must also be in compliance with municipal zoning regulations. All other requirements for the application process and security measures are similar to those for medical cannabis cultivation and processing facility licenses.

Licensed medical cannabis dispensaries are only allowed to do business from 7 a.m. to 10 p.m. Medical cannabis cardholders and a parent or child are allowed to enter, but there must be a waiting area for the non-cardholding companions.

Licensed medical cannabis dispensaries are authorized to sell usable medical cannabis in the form of cannabis flowers and plant parts, oils, waxes, vapors, extracts, concentrates, edible products, and other preparations. However, any form of medical cannabis that is taken by combustion is prohibited.

A licensed medical cannabis dispensary can only sell 2.5 ounces of usable medical cannabis per medical cannabis cardholder every 14 days. The dispensary staff must check the identity of the medical cannabis cardholder and the validity of the card. The cardholder’s previous purchases must also be checked on the online Arkansas Medical Marijuana System to ensure that the current purchase is still within the limit. After the sale, all details of the purchase must likewise be logged into the system.

Visiting patients that carry valid medical cannabis cards or their counterparts from other states may also purchase medical cannabis and medical cannabis products from licensed medical cannabis dispensaries in the State of Arkansas.

Is Cannabis Delivery Legal in Sebastian County?

The medical cannabis operational rules of the DFA allows licensed medical cannabis dispensaries to deliver medical cannabis and medical cannabis products to the homes of medical cannabis cardholders from 9 a.m. to 7 p.m.

Licensed medical cannabis businesses are also allowed to transport medical cannabis and medical cannabis products to and from other licensed medical cannabis businesses.

How to Get a Medical Marijuana Card in Sebastian County

Residents of Sebastian County may apply online for a medical marijuana card by first creating a patient account on the Medical Marijuana Patient Registry System of the ADH. Next, they must be examined by a qualified physician who will issue a written certification if they are found to have one of the following illnesses that qualify:

• Severe and persistent muscle spasms
• Cancer
• Seizures
• Glaucoma
• Severe nausea
• HIV/AIDS
• Intractable pain not responding to other treatment for over six months
• Hepatitis C
• Peripheral neuropathy
• Amyotrophic lateral sclerosis
• Cachexia or wasting syndrome
• Tourette’s syndrome
• Alzheimer’s disease
• Crohn’s disease
• Fibromyalgia
• Ulcerative colitis
• Severe arthritis
• Post-traumatic stress disorder
• Other illnesses added by the Arkansas Department of Health

Within 30 days, the patient must complete the application on the online portal. Digital copies must be submitted of the physician’s written certification and state ID, and the $50 fee paid.

If the patient is younger than 18, a caregiver must also apply through the same portal for a medical cannabis card to be able to purchase medical cannabis and medical cannabis products for the patient. If the caregiver is not the patient’s parent, a criminal background check is required. The caregiver application fee is also $50.

The medical cannabis card is sent by mail to the patient or caregiver once approved. It will also be seen by the patient or caregiver on their registry account. The card is valid for a year.

Visiting patients from other states who hold their state’s medical marijuana cards must also apply online for a 90-day card to be able to buy medical cannabis and medical cannabis products in the State of Arkansas. The fee is also $50.

Queries may be sent to:

Arkansas Department of Health

4815 W. Markham St., Slot 50

Little Rock, AR 72205

Toll-Free 1-833-214-8619 or

501-682-4982

How Has Cannabis Legalization Impacted the Economy of Sebastian County?

The Medical Marijuana Amendment of 2016 or Amendment 98 of the State of Arkansas levied the usual state sales taxes and local sales taxes on medical cannabis and medical cannabis product sales. According to the 2022 Fiscal Year Report of the DFA, with data up to June 30, 2022, there were 85,192 patients in the medical cannabis registry as of that time. Of that number, 2,839 resided in Sebastian County.

The DFA was reported to have announced that in April 2023 alone, the sales of medical cannabis and medical cannabis products reached $23.9 million. The tax revenue from that was $2.85 million. With that, the cumulative tax revenues earned by the State of Arkansas from medical cannabis and medical cannabis products have exceeded $100 million.

The Effects of Cannabis Legalization on Crime Rates in Sebastian County

Medical cannabis was legalized in Sebastian County in 2016.

Data sent by the Sebastian 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 eight marijuana possession arrests, comprising all marijuana offense arrests.

In 2017, a year after the legalization of medical cannabis, there were six marijuana possession arrests and two marijuana sales arrests, totaling eight marijuana offense arrests.

In 2021, the latest data showed four marijuana possession arrests, again comprising all arrests for marijuana offenses.

The following were the DUI arrests in those years:

• 2015: 13 arrests
• 2017: 12 arrests
• 2021: 9 arrests