How Do You Get a Medical Marijuana Card in Arkansas?

Photo by Rod Shelley

Is Medical Marijuana Legal in Arkansas?

Yes, medical marijuana is legal in Arkansas, however, recreational marijuana is not legal at this time. Medical marijuana is limited to patients who have a qualifying medical condition and certain eligibility criteria that will be reviewed in this post.

This article will explore what qualifies you for a medical marijuana card in Arkansas, how exactly do you get your medical marijuana recommendation and all the various laws at work and what might change in the near future.

 

Arkansas Medical Marijuanas Laws in 2024

Before reviewing what might change in Arkansas let’s quickly review the legal history of cannabis in Arkansas. In 1923, Arkansas criminalized cannabis in a wave of states including New Mexico, Oregon and Washington.

In 2012, the Arkansas Medical Marijuana Act (Issue 5) made it on the ballot. It would have legalized medical marijuana but failed by a tight margin with a vote of 51.44% to 48.56%.

In 2016, Arkansas Medical Marijuana Amendment (Issue 6) was voted in as a constitutional amendment while Arkansas Medical Cannabis Act (Issue 7) was disqualified. While Issue 6 still legalized medical marijuana Issue 7 had some interesting differences.

Had Issue 7 passed it would have given the state the ability to criminalize medical marijuana if there were adequate votes if they decided to roll back their decision. It would have allowed patients to grow their own cannabis, have dispensation for low income patients and had many more qualifying conditions including anxiety, ADHD, and traumatic brain injuries.

There were some delays to rolling out medical marijuana in Arkansas. House Bill 1400 (HB 1400) made some changes to Issue 6 limiting where people could smoke and outlawing the smoking of cannabis by patients under 18.

House Bill 1026 (HB 1026) also made some changes giving the state’s Alcoholic Beverage Control Division more time to establish some of the logistics for dispensaries and more time for potential dispensaries to apply for licenses.

House Bill 1058 (HB 1058) made even more changes removing the requirement that physicians explicitly state “the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient.” It also clarified that medical marijuana records are still confidential but not considered medical records. That’s an important distinction because your medical records are covered by HIPAA.

All of these legal changes and some delays meant that dispensaries would not legally open sales to medical marijuana patients until May 2019.

In 2022, Arkansas Issue 4, Marijuana Legalization Initiative failed to legalize recreational cannabis.

For 2024, the Arkansas Medical Marijuana Expansion Initiative may appear on the ballot for the November 2024 election. It has the potential to become an initiated constitutional amendment if voters vote yes.

This amendment would allow:

• Patients to grow their own medical marijuana
• Physician assistants, nurse practitioners, and pharmacists to certify medical marijuana patients
• Telemedicine appointments for patients to qualify for medical marijuana renewal
• The acceptance of out-of-state medical marijuana cards.
• The expansion of the list of Arkansas qualifying medical conditions to be at your doctor’s discretion.

Time will tell if medical marijuana changes if this law passes. For concerned Arkansas residents, be sure to vote for your preferred outcome to this legislation. Click here for a deeper dive into Arkansas medical marijuana laws.

Let’s review the current requirements to get a medical marijuana card in Arkansas.

Arkansas Medical Marijuanas Card Requirements & Limitations:

Medical marijuana often has stringent laws governing who can legally obtain a recommendation.

In order to qualify as a patient for medical marijuana in Arkansas you must:

• Be 18 years of age or older. Minors are eligible but must have a parent/guardian apply to be a medical marijuana caregiver.
• Be diagnosed with a qualifying medical condition
• Have an official physician written certification form.
• Be an Arkansas resident with proof of residency.
• Not be a member of the Arkansas National Guard or the United States Military.

What Qualifies For Medical Marijuana in Arkansas?

States decide which diseases or medical conditions qualify for a cannabis prescription. The qualifying conditions in Arkansas for a medical marijuana recommendation include:

• Cancer
• Glaucoma
• HIV/AIDS
• Hepatitis C
• Amyotrophic Lateral Sclerosis
• Tourette’s Syndrome
• Crohn’s Disease
• Ulcerative Colitis
• Post-Traumatic Stress Disorder
• Severe Arthritis
• Fibromyalgia
• Alzheimer’s Disease
• Cachexia Or Wasting Syndrome
• Peripheral Neuropathy
• Intractable Pain which is pain that has not responded to ordinary medications, treatment, or surgical measures for more than six (6) months
• Severe Nausea
• Seizures Including Epilepsy
• Severe And Persistent Muscle Spasms Including Multiple Sclerosis
• and any other medical condition or treatment approved by the Department of Health

Residents can petition to add new qualifying medical conditions. Petition applications are reviewed and receive a hearing. The department can approve or deny a petition within one hundred (120) days of submission of the petition. Petition information can be found here.

Photo by Jametlene Reskp

How to Apply For Medical Marijuanas Card Arkansas

Luckily, thanks to Green Health Docs the process of applying for a medical marijuana card in Arkansas is fairly simple. We have state approved physicians on deck to confirm if you are eligible for a cannabis recommendation.

The steps to obtain your medical marijuana are:

1. Schedule An Appointment With A Green Health Docs Provider

Fill out this form or call/text at 240-356-1000

2. Meet With Your Provider.

You can have a quick evaluation with a state approved physician. If approved, your written certification will be issued within 24 hours.

3. Register With the State.

Sign up for the Arkansas Medical Marijuana Patient Registry System.

4. Once Approved, Shop At Your Local Dispensary.

State registrations can take up to 14 days to be approved by the state. Once approved, you can immediately access your card online and shop at dispensaries.

It can take 14-16 days from the date of your appointment with a Green Health Doc.

Arkansas Medical Marijuanas Card FAQs

Here are some common questions about Arkansas medical marijuana application process and laws.

Are Any Arkansas Medical Marijuana Dispensaries Open Currently?

The Arkansas Department of Health does not explicitly list dispensary information. Here’s a helpful map of Arkansas dispensaries.

Can A Felon In Arkansas Be Denied Medical Marijuana?

Convicted felons can apply for a medical marijuana card unless their felony charge is a drug-related offense. If so, the felon may be denied a medical marijuana recommendation.

Can You Grow Marijuana In Arkansas With A Medical Card?

No. Qualifying registered patients and their designated caregivers cannot grow or cultivate medical marijuana. However, this could change if the Arkansas Medical Marijuana Expansion Initiative passes however it could take years to implement.

Does Arkansas Medical Marijuana Law Prohibit Gun Ownership?

Arkansas gun laws are ever changing but important to residents. The passage of Act 757 legally protects the rights of medical marijuana patients and caregivers to still legally have a right to carry license.

Does Arkansas Offer Reciprocity? I.e. Can You Use an Oklahoma Medical Marijuana Card in Arkansas?

Arkansas does allow out of state visitors to legally purchase medical marijuana. You must apply as a visiting out-of-state patient, have a medical marijuana card or equivalent from another state and your medical condition must be a qualifying condition in Arkansas.

You can submit an online application here and must submit a non-refundable application processing fee of $50. Applications can take up to 14 days after you submit your application and payment. Visiting patient cards are issued for 90 days per application.

Final Thoughts

2024 could mean big changes to medical marijuana in Arkansas. Whether you’re a patient, potential patient, or a recreational cannabis supporter, learning about the law is important to protect yourself and know your rights. It also allows you to support legislation that aligns with your values.

Medical marijuana legislation can change and your voice matters. Also, if you feel like medical marijuana is right for you the process can be achieved seamlessly. Green Health Docs is happy to help you find doctors in your area and make the process of obtaining a medical card in Arkansas a simple one.

 

This article has been reviewed by Dr. Anand Dugar, an anesthesiologist, pain medicine physician and the founder of Green Health Docs. Graduating from medical school in 2004 and residency in 2008, Dr. Dugar has been a licensed physician for almost 20 years and has been leading the push for medical cannabis nationwide.