US State

Cannabis and hemp laws

Arkansas

Recreational marijuana illegal, medical legal; THCA, delta-8, hemp delta-9, delta-10 and HHC illegal

Adult use
Illegal
Medical
Legal
Last reviewed
May 27, 2026

Arkansas

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Arkansas

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FAQ

Common questions

Is marijuana legal in Arkansas?

Recreational marijuana is illegal in Arkansas. Medical marijuana is legal.

Is THCA legal in Arkansas?

No. Arkansas now treats THCA flower and high-THCA hemp products as controlled substances under the combined effect of Act 629 of 2023 and Act 934 of 2025. The Eighth Circuit reversed the federal injunction that had blocked Act 629 in Bio Gen LLC v. Sanders, No. 23-3237 (June 24, 2025).

Is delta-8 THC legal in Arkansas?

No. The U.S. Court of Appeals for the Eighth Circuit reversed the preliminary injunction in Bio Gen LLC v. Sanders, No. 23-3237, on June 24, 2025. The ruling dissolved the two-year stay on Arkansas Act 629 and put the delta-8 ban back into full effect.

Is hemp-derived delta-9 THC legal in Arkansas?

No. Arkansas treats hemp-derived delta-9 edibles, beverages, and concentrates as prohibited under the combined effect of Act 629 of 2023 and Act 934 of 2025.

This is general information, not legal advice.

Seed Legality

Medical-only Arkansas bans home grow; viable marijuana seeds are contraband outside licensed cultivators.
Hemp seeds
Restricted
Marijuana seeds
Illegal
Sale
Illegal
Transacting
Illegal
Gifting
Illegal

Amendment 98 (2016) created a medical-only program that expressly prohibits patient home cultivation, so no individual may lawfully buy, possess, gift, or germinate viable marijuana seeds — seeds fall within the marijuana definition at Ark. Code Ann. § 5-64-101, and possession or transfer is prosecuted under § 5-64-419 and § 5-64-436. Only the eight licensed commercial cultivation facilities may hold viable genetics inside the tracked system. Hemp seed may be planted solely by growers licensed by the State Plant Board under the Arkansas hemp production law (Ark. Code Ann. § 2-15-501 et seq.), and Act 629 of 2023's crackdown on hemp-derived THC products (upheld after federal litigation) underscores the state's restrictive posture, though it targets consumable products rather than planting seed.

Key law:
Ark. Const. amend. 98; Ark. Code Ann. §§ 5-64-101, 5-64-419; § 2-15-501 et seq.
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.