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How to open a dispensary in Arkansas

Overview

Are you wondering how to open a dispensary in Arkansas? This page provides the most recent news and information essential to operating a cannabis business in Arkansas. This contains insightful ideas about what is ahead in the future.

Cannabis for recreational use is illegal in Arkansas, however individuals with qualifying conditions and physician consent may use medicinal marijuana.

On January 12th, 2024, Arkansas introduced a proposal for advancing medical and recreational cannabis, marking a pivotal shift in its cannabis policy. Proposed by a cannabis industry group, this constitutional amendment seeks to enable home cultivation for medical patients and lay the groundwork for recreational use, pending federal approval. Following the proposal, there’s been an uptick in patient applications, with further increases anticipated. The initiative, expanding on 2016’s Amendment 98, aims to diversify cannabis offerings and stimulate the state’s economy by issuing new licenses with a focus on equitable access and aiding communities previously impacted by stringent cannabis laws.

On February 20th, 2024, the Arkansas Attorney General approved the Arkansas Medical Marijuana Amendment of 2024, clearing the way for signature gathering aimed at the November 2024 ballot. This initiative aims to broaden medical marijuana access by allowing home cultivation, expanding patient ID criteria, introducing telemedicine, and accepting out-of-state cards, marking a significant move towards a more inclusive and regulated medical cannabis industry in Arkansas. 

On August 30th,  2024, Arkansas activists submitted a final batch of 38,933 signatures in an effort to qualify a medical marijuana expansion initiative for the November ballot. This follows an earlier submission of nearly 110,000 signatures, which was deemed insufficient by the Secretary of State, leaving the campaign 13,704 signatures short of the required 90,704. With the additional signatures, the campaign now claims to have filed a total of 150,335 signatures, covering all 75 counties, and is confident they have met the threshold. However, on September 30th, Secretary of State John Thurston informed Arkansans for Patient Access that only 88,040 of the 150,000 submitted signatures were valid, falling short of the 90,704 needed. Advocates filed a lawsuit, and the Arkansas Supreme Court has since ordered the secretary to continue counting 18,000 disputed signatures. The final decision on the initiative depends on the court’s ruling.

The Opportunity Size

If the initiative to legalize marijuana in Arkansas that will be on the ballot this November is approved by the state’s voters, the cannabis industry in Arkansas could generate nearly $1 billion in annual sales and more than $460 million in tax revenue over the course of five years, according to a report that was compiled by the Arkansas Economic Development Institute.

According to projections provided by Statista, the value of sales of marijuana in Arkansas is expected to reach roughly $36.2 million in 2023, $47.6 million in 2024, and $67.6 million in 2025.

Local Cannabis Restrictions & Laws

When considering the opening of a cannabis company in Arkansas, location is a crucial consideration. If enacted, Issue 4 would let towns conduct local opt-out votes to restrict retail sales, but they could not override state law to prohibit possession or use inside their jurisdictions. We will update this section when cities and towns in Arkansas take their own stands on laws, whether they are outright bans or specific limits.

When it comes to the local decriminalization of marijuana in Arkansas, the enforcement of laws pertaining to cannabis possession has been demoted to a lower priority in Eureka Springs, Fayetteville, and Little Rock.

Medical Marijuana

On November 8, 2016, Arkansas voters cast their ballots and decided in favor of the Arkansas Medical Marijuana Amendment, also known as Issue 6. In 2017, there were changes made to the amendment by the legislature. The amendment established a statewide infrastructure for the medicinal use of marijuana and provided substantial legal protection for patients, doctors, and caregivers.

Arkansas has legalized cannabis treatment for qualifying conditions such as cancer, glaucoma, HIV/AIDS-positive status, and hepatitis C. The complete list of qualifying medical conditions is available here.

According to figures provided by the Arkansas Department of Health as of August 24, 20242, there are now 105,983 active medicinal marijuana ID cards across the state.

In 2024, there is an effort underway to significantly expand and improve access to medical cannabis in Arkansas through the proposed Arkansas Medical Cannabis Amendment of 2024. If approved by voters, this amendment would bring about several key changes to the state’s medical cannabis program:

  • Enhanced Access for Patients: Allows for broader qualifying conditions for medical cannabis use and includes non-residents.
  • Cultivation Rights: Permits qualifying patients or their caregivers to cultivate a limited number of cannabis plants for personal use.
  • Regulatory Adjustments: Alters regulations on how dispensaries, cultivation facilities, and healthcare practitioners operate, including the rights and protections for these groups.
  • Federal Classification Contingency: Addresses potential changes in federal law regarding cannabis, providing guidelines on how Arkansas will handle such changes.
  • Protection of the Amendment: Prevents the amendment from being changed or repealed without a direct vote of the people.

This amendment will take effect on November 15, 2024, if passed, and aims to strengthen the legal framework surrounding medical cannabis in Arkansas while ensuring patient access and protection.

Medical Marijuana Cannabis Business Opportunities

Cannabis Business License Types

  • Dispensaries
  • Cultivation Facilities
  • Distributors
  • Transporters
  • Processors

Cannabis Dispensary Application Guidelines

  • An individual applicant and an applying entity are required to submit an application to the commission in order to be considered for a dispensary license. The application must be sent in on a form and in a way that the commission has set up.
  • The application period for the dispensary license will commence ten (10) days following the publication date of the legal notice by the commission, and will end ninety (90) days after the publication date.
  • If an application is chosen, the information and claims made in it will become license conditions, and failing to comply with the requirements will result in license revocation or rejection of renewal.

How much does it cost to open a dispensary in Arkansas?

The costs of opening a dispensary in Arkansas include:

Type of Fee

Amount

Application Fee

$7,500.00

Licensing Fee

$15,000.00

Performance bond

$100,000.00

Application Fee 

Every dispensary licensing application must include a $7,500 cash or certified funds fee. Unsuccessful applicants will get back $3,750.00 of their initial application cost.

Licensing Fee

The chosen applicant for a dispensary license must pay the commission $15,000 in cash or certified funds within 7 days of receiving written notification of selection.

Performance bond

The successful candidate must post a $100,000 performance bond within 7 days after receiving written notification of selection. The bond must be kept until the first license renewal.

Recreational Use Legalization Efforts

Arkansas Issue 4, the Marijuana Legalization Initiative 2022, aimed to legalize recreational marijuana in the state. Although Responsible Growth Arkansas collected enough signatures to place it on the ballot, the Arkansas Board of Election Commissioners initially blocked it due to concerns about THC limits in edibles. However, the Arkansas Supreme Court later allowed the measure to proceed to the November 8, 2022, midterm ballot. Ultimately, the initiative was defeated, with 56.3% of voters opposing it and 43.7% in favor.

Had Issue 4 been successful, the following would have transpired:

  • Issue 4 would make it legal for adults to own, use, and consume cannabis for personal use.
  • Starting on March 8, 2023, the existing 40 medical marijuana shops should each be granted a license to sell marijuana for recreational use at their respective locations. Also provide them with an automatic second license to sell recreational marijuana at a different site that is at least five miles away from any medical marijuana dispensary.
  • The ABC would grant 40 additional adult-use dispensary licenses by July 5, 2023. These licenses would be allocated via a lottery.

The whole text of the bill may be viewed here.

The support for legalizing marijuana is rising in Arkansas. A poll that was conducted by Talk Business & Politics and Hendrix College found that 53.5% said marijuana should be lawful for people over the age of 21, while 32% said it should be authorized solely for medical purposes, 10.5% said it should be illegal, and 4% said they don’t know.

We expect a number of new events to take place that will have an impact on when and how recreational legalization in Arkansas will take shape. By subscribing to our Arkansas Cannabis Mailing List (below), we will keep you up-to-date on all news and commentary pertaining to the legalization of cannabis in Arkansas that is difficult to discover elsewhere. This encompasses, but is not limited to the following:

  • What are the requirements to get a marijuana business license and open marijuana dispensaries in Arkansas?
  • What special programs will be available?
  • And more

Just fill out the information below to get access.

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