Arkansas permits the medical use of cannabis, and employees using medical cannabis are afforded certain protections. Employers in the state have the authority to manage cannabis use among their workforce.
Legal Status: Medical Only
Protections for Medicinal Users & Exceptions:
Employers cannot discriminate against individuals based on their status as qualifying patients, except in specific circumstances. Exceptions include safety-sensitive positions and reasonable suspicion of impairment.
Protections for Recreational Users & Exceptions:
Arkansas does not allow recreational cannabis use, so there are no specific protections or exceptions for recreational users.
Restrictions on Testing for Cannabis:
A positive test result for cannabis alone cannot be the sole basis for an employer’s good faith belief of cannabis use during work hours.
Employers are not required to accommodate cannabis use, and they can establish drug-free workplace policies. Safety-sensitive positions and impairment at work are factors that may allow employers to take action against employees using cannabis.