Medical Marijuana Laws in Arkansas and Medical Marijuana Patients' Rights

The Arkansas Medical Marijuana Amendment establishes a set of guidelines following the legalization of medical marijuana in 2016. We will take a look into the state regulations which include protection for patients and caregivers.
 

Can I Get Arrested For Having Possession of Medical Marijuana in Arkansas?

According to Section 3 of the Arkansas Medical Marijuana Amendment, a qualifying Arkansas medical marijuana patient can not be subject to arrest, prosecution, or penalty for the use of medical marijuana. Qualifying patients and caregivers are also protected for the possession of medical marijuana that does not exceed 2.5 ounces (70.87 grams).

 

Possession or use of medical marijuana can lead to prosecution under the following circumstances:

 

• The individual's medical marijuana card has been revoked at the time of an offense

• The possession of marijuana was not for medical use

 

Can I Lose My Job For Being An Arkansas Medical Marijuana Patient?

Employers can not discriminate against employees or applicants for having a past or present status as a medical marijuana patient or caregiver. 

 

In early 2017, Arkansas Governor Hutchinson signed Act 593, which was designed to ensure guidance for employers who strive to preserve a drug-free workplace while still respecting the rights of employees who may be a medical marijuana patient. Act 593 provided the following guidelines:

1. Allowing employers to have drug-free and substance-abuse testing policies that apply to both applicants and employees.

2. Allowing discipline of an employee if there is a good faith belief that he/she possessed, used or was under the influence of medical marijuana on work grounds or during work hours that resulted in a violation of the employer’s policy.

3. Allowing an employer to exclude a either an applicant or employee from a safety-sensitive position if there is a good faith belief that the individual is a current user of medical marijuana.

Where Can I Use Medical Marijuana in Arkansas?

Under the Arkansas Medical Marijuana Amendment, it does not permit patients to possess or engage in the use of medical marijuana in the following areas:

• On a school bus or any form of public transportation

• On the grounds of a daycare, preschool, primary or secondary school, university or college

• At an alcohol or drug treatment facility

• At a recreation or community center

• In a correctional facility 

• In any public place

• On any property that is under the control of the U.S. Military or Arkansas National Guard

 

Smoking marijuana is also prohibited in:

• A place where smoking tobacco is prohibited by the law

• Inside of a motor vehicle, aircraft, motorized watercraft or any vehicle drawn by power

  • The operation and navigation of any of these is also strictly prohibited

• In the presence of a person who is under the age of 14

• Knowingly in the presence of a pregnant woman

• In a place where using medical marijuana is likely to cause another individual who is not authorized to use marijuana to become under the influence
   

The amendment also declares that an individual should not undertake any task while under the influence of marijuana that would constitute professional malpractice or negligence.

 

What Are My Rights As A Tenant While Using Medical Marijuana in Arkansas?

A landlord is unable to refuse to lease or penalize an individual for being a medical marijuana patient and/or caregiver unless it would put the landlord in violation of regulations or federal law.

 

Medical marijuana can be used on the property as long as it is not being smoked. While a landlord is allowed to prohibit a tenant from smoking on the property, they cannot forbid a medical marijuana patient from using medication in other forms. 

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How Can I Get My Arkansas Medical Marijuana Card?

Arkansas Marijuana Card understands that the medical marijuana laws in Arkansas can be confusing, so we take all of the guesswork out of it for our patients. Our friendly support staff will carefully walk you through the entire process, from helping you collect your medical records before your appointment, to ensuring your application has been submitted properly to the State. Also, we have the most affordable pricing options anywhere in the state of Arkansas!

 

Please give us a call at (844-249-8714) today if you have any questions, or would like to schedule an appointment.