Cannabis & Marijuana Rental Rules in Arkansas 2026

Landlord ban authority, possession and home-grow limits, medical patient housing rules, and federal Section 8 restrictions in Arkansas.

Medical Only Effective 2016

2.5 oz Adult-use possession limit

Banned Home cultivation

Yes Medical patient housing protection

Federal baseline (uniform in Arkansas): Cannabis remains a Schedule I controlled substance under 21 U.S.C. § 812(c) Schedule I(c)(10) regardless of Arkansas's legalization status. HUD PIH Notice 2014-21 (re-issued PIH 2017-13) requires Public Housing Authorities to deny admission to public housing or HCV (Section 8) for any household member illegally using a controlled substance, including cannabis. Landlords may prohibit smoking of any substance as a private property interest in any state.

Arkansas is a medical-only cannabis state. Voters approved Amendment 98, the Arkansas Medical Marijuana Amendment, in 2016, and a 2022 measure to legalize adult recreational use failed at 44%. Recreational possession remains illegal, home cultivation is banned for everyone, and even qualifying patients may buy only from licensed dispensaries. For landlords this creates a narrow but real set of rules: you keep broad authority to ban smoking, but you cannot deny a lease to someone solely because they hold a patient or caregiver card, and federally-assisted housing sits under a stricter federal rule that overrides state protections.

Arkansas Cannabis Legal Status

Arkansas is classified as Medical Cannabis Only (effective 2016). The governing statute is Ark. Const. amend. 98 (2016).

Landlord Authority in Arkansas

Landlords retain ban authority.

Amendment 98 § 7: prohibits discrimination against medical patients in housing, but landlord may ban smoking on premises.

Arkansas cannabis status: medical only, no home grow

Cannabis in Arkansas is governed by Amendment 98 to the state constitution, adopted by 53% of voters in 2016. It legalizes medical use for registered patients and nothing more. A separate adult-use measure on the 2022 ballot failed at 44%, so recreational marijuana stays illegal.

Qualifying patients register with the Arkansas Department of Health, which issues the registry card. A cardholder may possess up to 2.5 ounces per 14 days, bought only from licensed dispensaries. Home cultivation is prohibited for all patients. Because there is no legal home grow and no recreational tier, a landlord will rarely face a lawful cultivation claim from a tenant, and any plants on the premises are almost certainly illegal.

You can ban smoking; you cannot ban edibles for a cardholder

Amendment 98 preserves a landlord's right to control smoking. Landlords may prohibit on-site cannabis smoking, the same way they may ban tobacco smoking, but they may not prevent non-smoked consumption of medical cannabis by a qualifying patient. In practice you can enforce a no-smoking policy that covers marijuana, yet a cardholder's use of edibles, tinctures, or oils inside the unit is protected.

The amendment also bars use in public places, motor vehicles, school grounds, and correctional facilities, and anywhere a person could reasonably be expected to be observed by others. A private residence is not a public place unless it is used to provide licensed childcare, foster care, or similar social service care, which matters for landlords renting to in-home daycare operators.

The lease clause landlords should use

Write your smoking policy to your maximum lawful reach and leave the protected conduct alone. A defensible Arkansas clause: no smoking of any substance, including tobacco and cannabis, anywhere on the premises; no cultivation, growing, or manufacturing of cannabis (already illegal statewide); and compliance with all federal law for any federally-assisted unit.

Do not write a blanket ban on medical cannabis possession or use in a conventional rental, because Amendment 98 protects non-smoked consumption by a cardholder and forbids penalizing someone for card status. Keep the clause about conduct (smoke, odor, cultivation, damage) rather than the tenant's status as a patient.

Section 3(f)(1): you cannot refuse to lease over card status

The core anti-discrimination rule is Amendment 98, Section 3(f)(1): a school or landlord shall not refuse to lease to, or otherwise penalize an individual solely for his or her status as a qualifying patient or designated caregiver unless doing so would put the school or landlord in violation of federal law or regulations.

Two things follow. First, in ordinary private housing you cannot reject an applicant or evict a tenant just because they carry an Arkansas patient or caregiver card. Second, the federal-law exception is built into the text: if honoring the protection would put you in violation of federal law or regulations, the protection does not apply. That exception is what makes federally-assisted housing different, covered next.

Section 8 and public housing: federal law overrides

Marijuana remains a Schedule I controlled substance under the federal Controlled Substances Act, with no medical exception. For federally-assisted housing, HUD guidance directs owners of Section 8, public, and project-based units to deny admission to current marijuana users and permits termination of tenancy for use, medical card or not.

Amendment 98's own Section 3(f)(1) yields here: because protecting a cardholder would put a federally-assisted landlord in violation of federal rules, the state protection drops away. If you operate Section 8 or public housing, follow the federal standard and document your policy under it. If you operate a conventional, non-subsidized rental, the state protection applies in full and you should limit your restrictions to smoking, odor, and cultivation rather than card status.

Medical Patient Housing Rules in Arkansas

Arkansas protects registered medical cannabis patients in housing.

Under Ark. Const. amend. 98 (2016), a landlord may not refuse to rent to or evict a registered medical patient solely because of their medical-use status. However, three significant carve-outs apply:

Federal subsidy override. Anti-discrimination protection does NOT apply to federally subsidized housing, Section 8, public housing, project-based assistance, or any program receiving federal funds. HUD PIH 2014-21 controls.
Smoking ban still permissible. Most state medical-patient protections still allow landlords to prohibit smoking on the premises. Patients must use edibles, tinctures, or vaporizers in non-smoking settings.
On-premises consumption limits. Some statutes restrict the protection to off-premises use only, leaving on-premises consumption subject to the lease.

Section 8 / HCV in Arkansas, The Federal Trap

HUD PIH 2014-21 mandatory denial applies in Arkansas. Even though Arkansas has legalized medical cannabis, a Public Housing Authority in Arkansas must deny admission to any household where a member illegally uses a controlled substance, and cannabis remains federal-illegal. Existing Section 8 tenants who use cannabis may face termination at PHA discretion, though termination is not mandatory like denial is.

The practical impact: a tenant holding a Housing Choice Voucher who tests positive for cannabis or self-discloses use during recertification can lose their voucher in Arkansas, regardless of any state cannabis legalization or medical card status. This is the single most common point of confusion for tenants in adult-use states.

Cannabis Rental Compliance in Major Arkansas Cities

City-level landlord risk profiles often track cannabis-related lease enforcement. View the eviction-risk and tenant-law profile for the largest Arkansas rental markets:

Little Rock Fayetteville Fort Smith Springdale Jonesboro Rogers

Sources & Methodology

Federal: 21 U.S.C. § 812 (Controlled Substances Act, Schedule I); HUD Public Housing Occupancy Notice PIH 2014-21 (re-issued PIH 2017-13); Sessions Memorandum (Jan 4, 2018).
Arkansas cannabis statute: Ark. Const. amend. 98 (2016).
Landlord ban authority: Amendment 98 § 7: prohibits discrimination against medical patients in housing, but landlord may ban smoking on premises.
Medical patient housing protection: Coded "Yes" for Arkansas based on the cited statute.

Related Guides for Arkansas Landlords

← Arkansas Eviction Risk Overview Lawful Eviction Reasons Section 8 / HCV Landlord Guide Landlord Insurance & Hazards Fair Housing Protected Classes Tenant Rights Summary

This page summarizes Arkansas Constitution Amendment 98 (the Arkansas Medical Marijuana Amendment), including the landlord and smoking provisions of Section 3, and federal HUD guidance on marijuana in federally-assisted housing. It is general information for landlords, not legal advice. Cannabis law and HUD enforcement positions change; confirm current requirements with the Arkansas Department of Health and qualified counsel before acting on a specific lease, application denial, or eviction.

Frequently Asked Questions

Is recreational marijuana legal in Arkansas?

No. Arkansas is medical-only under Amendment 98 (passed by 53% in 2016). A 2022 recreational measure failed at 44%. Recreational possession and use remain illegal, so a landlord has no obligation to accommodate non-medical use.

Can an Arkansas landlord ban marijuana smoking in a rental?

Yes. Amendment 98 lets landlords prohibit on-site cannabis smoking. But you may not prevent a qualifying patient from non-smoked consumption such as edibles, tinctures, or oils inside the unit.

Can I refuse to rent to someone because they have a medical marijuana card?

No, not in ordinary private housing. Amendment 98, Section 3(f)(1) says a landlord shall not refuse to lease to or penalize someone solely for their status as a qualifying patient or designated caregiver, unless doing so would violate federal law.

Can a tenant grow marijuana in an Arkansas rental?

No. Home cultivation is prohibited for all patients in Arkansas. There is no legal home grow, so any plants on the premises are illegal and you can prohibit cultivation outright in the lease.

Do the rules change for Section 8 or public housing?

Yes. Marijuana is a Schedule I substance federally, and HUD directs owners of federally-assisted housing to deny admission to current users and allows termination. Amendment 98's federal-law exception means the state cardholder protection does not apply to those units.

How much marijuana can an Arkansas patient legally possess?

A registered patient may possess up to 2.5 ounces per 14 days, purchased only from licensed dispensaries. Cards are issued by the Arkansas Department of Health.

Federal authority: 21 U.S.C. § 812; HUD PIH 2014-21. State authority: Ark. Const. amend. 98 (2016). Last updated October 24, 2026. For informational purposes only, not legal advice. Cannabis law is rapidly evolving and federal/state conflict creates significant compliance risk; consult a licensed Arkansas attorney before making a lease, screening, or eviction decision involving cannabis.