Smoke A Joint, Lose Your License: Arkansas’s Marijuana Laws

Smoke A Joint, Lose Your License: Arkansas’s Marijuana Laws

Meaghan Kleine Blog

In 2021, approximately 19% of Americans consumed marijuana at least once during the calendar year. While many states have enacted recreational marijuana laws, Arkansas is not one of them. In fact, Arkansas still upholds the Solomon–Lautenberg Amendment, which is one of the strictest marijuana laws for possession. 

Although Arkansas adheres to the “Smoke A Joint, Lose Your License” law, the state introduced and passed medical marijuana in 2016. So what’s the deal with cannabis? Can you safely consume marijuana in Arkansas without legal consequences? 

The Solomon–Lautenberg Amendment (“Smoke A Joint, Lose Your License”)

Back in the 90s, the U.S. signed a federal law encouraging states to suspend driving licenses for six months following an illegal drug possession charge. However, as of 2025, only three states follow the Solomon–Lautenberg legislature: Alabama, Arkansas, and Florida. 

So why did many other states choose to opt out of the Solomon–Lautenberg Amendment? Because sometimes, the punishment doesn’t match the crime. Under this amendment, possession of any amount of marijuana will lead to six month license suspension — even if the individual was not driving when confronted by law enforcement. 

 

 

After some time doling out the consequences, law officials began to see the toll license suspension had on offenders. Without a valid license, some people lost their employment and struggled financially. As more states continued to legalize medical and recreational marijuana use, less followed the “Smoke A Joint, Lose Your License” legislature. 

Currently, medical marijuana is legal in Arkansas with a qualifying health condition. If you are an Arkansas or out-of-state resident approved for medical marijuana, you should always carry your medical card in the event that you are questioned by law enforcement. Without proof, you might lose your driver’s license! 

The Arkansas Medical Marijuana Amendment

Arkansas law officials legalized medical marijuana in 2016 for patients with specific health conditions that impact their quality of life. These conditions include: 

  • Alzheimer’s Disease

  • Amyotrophic Lateral Sclerosis (ALS or Lou Gehrig's Disease)

  • Arthritis

  • Cancer

  • Crohn’s Disease

  • Fibromyalgia

  • Glaucoma

  • Hepatitis C

  • HIV

  • Neuropathy

  • Post-Traumatic Stress Disorder (PTSD)

  • Seizures

 

Individuals who suffer from a health condition not specified by the Arkansas Department of Health may petition for their disorder to be treated by medical marijuana. More information on petitioning the Department of Health can be found on their official website. 

However, an official diagnosis of a qualifying health condition is not enough to avoid license suspension — your physician has to sign off on medical marijuana treatment and you’ll need to submit an application for approval. 

 

 

After all is said and done, Arkansas medical marijuana dispensaries monitor individual purchases and deny patients who have exceeded the 2.5 ounce limit over fourteen days. So even if you have a medical marijuana card, if you are found with more cannabis than your 2 week limit, you could be facing legal trouble. 

Find A Criminal Defense Attorney To Represent Your Case

The marijuana laws across the country are consistently evolving, making it difficult for medical and recreational marijuana users to stay informed about drug possession charges in different states. In Arkansas, medical marijuana is legal as long as an individual has an approved medical card and does not go over their allotted two week supply. 

Visitors from recreational marijuana regions are not permitted to travel to Arkansas with their cannabis purchase — just because the substance was obtained legally, does not mean it is legal to bring it with you. If you’ve been caught in Arkansas with illegal marijuana, consult with a criminal defense attorney from Hickey & Hull. Our legal professionals are located across the state; schedule online or call the Little Rock office at (479) 434-2414 to set up a consultation!