Marijuana - Arkansas

Medical marijuana

A registered qualifying patient or registered designated caregiver is not subject to arrest, prosecution, or penalty for medical under state law.

An employer shall not discriminate against an applicant or employee in hiring, termination, or any term or condition of employment, or otherwise penalize an applicant or employee, based upon past or present status as a qualifying patient or designated caregiver. The non-discrimination provisions apply to employers with 9 or more employees.

An employer may establish a drug-free workplace policy and take action with respect to an applicant or employee under the policy. An employer can take action based on a good faith belief that a qualifying patient used marijuana while at work or was under the influence of marijuana at work. A positive drug test generally cannot be the sole basis for this good faith belief.

An employer may exclude or remove an employee from a safety sensitive position based on the employer’s good faith belief that the employee was engaged in the current use of marijuana.

An employer may reassign an employee to a different position, place an employee on paid or unpaid leave, suspend or terminate an employee, require an employee to successfully complete a substance abuse program, or refuse to hire an applicant.

Recreational marijuana

Arkansas has no statutes regarding recreational marijuana.