Arkansas.

Information provided is current as of December 20, 2025, and companies are encouraged to consult with legal counsel on these types of complex matters.

Arkansas - State Specific Information

Cannabis Legalization Status in Arkansas

Medical Marijuana

Arkansas legalized medical marijuana in 2016 through Issue 6, a ballot initiative approved by voters. This landmark decision made Arkansas one of the first Southern states to embrace medical cannabis, establishing a regulated system for qualifying patients to access marijuana for therapeutic purposes.

Under current law, medical marijuana patients can legally possess up to 2.5 ounces of medical cannabis within a 14-day period. However, patients must meet specific requirements:

• Obtain cannabis exclusively from a licensed dispensary
• Possess a valid medical marijuana registry identification card
• Comply with all state regulations regarding use and possession

Recreational Marijuana

Recreational marijuana use remains illegal in Arkansas. Unlike neighboring states that have moved toward full legalization, Arkansas maintains strict prohibition on non-medical cannabis use. This means employers can continue to enforce zero-tolerance policies for recreational marijuana use without concerns about conflicting state protections.

Important Possession and Consumption Restrictions

Even for medical marijuana cardholders, Arkansas imposes significant restrictions that employers should understand:

Public Consumption

Public consumption of medical marijuana is strictly prohibited. Patients may only use their medication in private settings, which typically means at their residence.

Vehicle Restrictions

Possession of marijuana in vehicles remains strictly prohibited, regardless of medical card status. This has important implications for employees who drive company vehicles or operate transportation equipment as part of their job duties.

Employer Drug Testing Rights and Requirements

Arkansas law provides employers with considerable latitude to maintain drug-free workplaces while establishing procedural requirements to protect employee rights.

Permitted Testing Types

Arkansas employers may conduct various types of drug tests, including:

• Pre-employment screening
• Random drug testing
• Post-accident testing
• Reasonable suspicion testing
• Return-to-duty testing

Notably, employers can test for medical marijuana despite its legal status for registered patients. However, this right comes with specific obligations.

Policy Requirements

To conduct lawful drug testing, Arkansas employers must:

1. Maintain written policies - Clear, documented drug testing procedures must be established
2. Provide employee notice - Workers must be informed about testing policies before implementation
3. Follow specific procedures - Testing must adhere to established protocols to ensure accuracy and fairness

Reasonable Suspicion Testing

Arkansas law specifically authorizes reasonable suspicion testing, allowing employers to require drug tests when there is a reasonable belief of on-the-job impairment. This provision is particularly valuable for maintaining workplace safety while respecting employee privacy when no impairment indicators exist.

Employee Rights

The law protects employees by granting them the right to contest drug test results. Employers should establish clear procedures for handling disputes and consider confirmatory testing protocols to ensure accuracy.

Safety-Sensitive Positions: Special Considerations

Arkansas law recognizes that certain positions require heightened attention to drug testing and impairment concerns.

Definition of Safety-Sensitive Positions

Under Arkansas law, safety-sensitive positions are defined as roles where impairment could lead to serious injury or death. Examples include:

• Operating heavy equipment or machinery
• Performing life-threatening medical procedures
• Working at significant heights
• Handling hazardous materials
• Operating commercial vehicles
• Positions involving public safety

Implications for Employers

Employers with safety-sensitive positions have enhanced authority to enforce strict drug policies. Even medical marijuana patients may face employment restrictions or termination if their positions fall under this classification. However, employers should:

• Clearly identify which positions qualify as safety-sensitive
• Document the safety rationale for each classified position
• Apply policies consistently across all employees in similar roles

Privacy Protections and Confidentiality

Arkansas takes employee privacy seriously when it comes to drug test results.

Strict Confidentiality Requirements

Drug test results are strictly protected from public disclosure under Arkansas law. This protection applies to all testing results, whether positive or negative.

Permitted Uses of Test Results

Employers may use drug test results only for:

• Internal employment decisions - Hiring, termination, discipline, or job assignment choices
• Specific legal exceptions - Court orders, regulatory requirements, or other legally mandated disclosures

Sharing test results with unauthorized parties, including other employers or the general public, violates Arkansas privacy protections and could expose employers to legal liability.

Regulatory Oversight

The DFA-Medical Marijuana Commission serves as the primary state regulatory agency overseeing Arkansas's medical marijuana program. Employers seeking clarification on specific situations or regulatory interpretations should direct inquiries to this agency.

Currently, the state has not specified mandatory forms for employer compliance, though businesses should maintain comprehensive documentation of their drug testing policies and procedures.

Best Practices for Arkansas Employers

To maintain compliance while protecting workplace safety, consider these recommendations:

Policy Development

• Create comprehensive written drug and alcohol policies
• Clearly define prohibited substances and behaviors
• Outline testing procedures and consequences
• Include provisions for medical marijuana cardholders

Employee Communication

• Distribute policies to all employees before implementation
• Obtain signed acknowledgments
• Provide regular policy reminders and updates
• Train supervisors on reasonable suspicion indicators

Documentation

• Maintain detailed records of all drug tests
• Document reasonable suspicion observations
• Keep results confidential and secure
• Preserve records according to retention requirements

Legal Consultation

Given the complexity of cannabis employment law, employers are strongly encouraged to consult with legal counsel when developing policies or addressing specific situations involving medical marijuana patients.

Conclusion

Arkansas presents a moderate regulatory environment for employers regarding cannabis and drug testing. While medical marijuana is legal, employers retain significant authority to enforce drug-free workplace policies, particularly for safety-sensitive positions. The key to compliance lies in maintaining clear written policies, providing proper notice to employees, following established testing procedures, and respecting the confidentiality of test results.

As cannabis laws continue to evolve nationwide, Arkansas employers should stay informed about potential legislative changes and regularly review their policies to ensure ongoing compliance with state requirements.