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Arkansas Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Cannabis & Marijuana Law for Arkansas on
Q: How does not being read Miranda rights affect my case after arrest and charges?

I was arrested after being pulled over for a defective tail light. During the arrest, I was not read my Miranda rights before or after being questioned by the police. I was charged with driving on a suspended license, possession of brass knuckles for criminal use of a prohibited weapon (which were... View More

Michael J. McConnell
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answered on Jun 15, 2025

In general, the police are required to read you the Miranda warnings if you are in custody (meaning you aren’t free to leave) and being interrogated (meaning you are being asked questions by police). If they obtain a statement in violation of Miranda, that statement might not be allowed to be... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Arkansas on
Q: Can a first-time offender caught with mushrooms in Arkansas get charges dropped or probation?

I was pulled over for speeding in Arkansas and caught with marijuana paraphernalia and 14 grams of mushrooms. I have never been charged before with anything. I also have a medical marijuana card from Oklahoma. How can I get these charges dropped, or is it possible to get probation as a first-time... View More

James L. Arrasmith
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answered on May 14, 2025

Being a first-time offender in Arkansas does give you some room to work with, especially if you’re willing to take responsibility and show you want to avoid trouble going forward. While psilocybin mushrooms are still illegal in the state, courts sometimes offer alternative outcomes like probation... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Cannabis & Marijuana Law for Arkansas on
Q: Was the stop and vehicle search legal after finding a weed sack?

My husband was stopped in Arkansas for unconfirmed insurance, though he had proof with him. During the stop, the officer saw a small weed sack in the cupholder and used this to justify searching the vehicle, where he found a gun next to the driver's seat. My husband, a convicted felon due to a... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Arkansas, the legality of the stop and search depends on whether the officer had reasonable suspicion to justify both. While the initial stop was based on unconfirmed insurance, which is a valid reason for a traffic stop, the officer needed additional justification to search the vehicle. If the... View More

Q: Can you fail a pre-employment drug screening for weed if you have your medical card
James L. Arrasmith
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answered on Sep 5, 2024

If you have a medical marijuana card in Arkansas, it does not automatically protect you from failing a pre-employment drug screening for cannabis. Employers in Arkansas are generally allowed to maintain drug-free workplace policies. This means they can require pre-employment drug tests and make... View More

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Traffic Tickets for Arkansas on
Q: Possession of marijuana in van buren Arkansas!
W. Whitfield Hyman
W. Whitfield Hyman
answered on Nov 4, 2021

You didn’t post the question

1 Answer | Asked in Cannabis & Marijuana Law for Arkansas on
Q: Had about 5 or 6 grams of cannabis & an open liquor bottle. Are either of those proper possessions of crime?

Got pulled over for speeding on high way. Searched the vehicle after I admitted to where the small amount of cannabis was and he charged me with that and the liquor bottle as possessions of crime

Joshua W. Bugeja
Joshua W. Bugeja
answered on Jun 4, 2021

Arkansas Code Annotated § 5-71-218 specifically addresses the criminal offense of "possession of an open container containing alcohol in a motor vehicle." Since your question doesn't provide enough factual details to compare the situation to the statute, it is difficult to state... View More

2 Answers | Asked in Employment Law, Workers' Compensation and Cannabis & Marijuana Law for Arkansas on
Q: Got hurt at work I am a medical marijuana patient can I get fired
Chris W. Burks
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Chris W. Burks
answered on May 8, 2021

Thanks and you cannot be fired simply for being a medical marijuana patient if you are in a position that hasn’t been designated as safety sensitive. In other words, if the type of job you do hasn’t been listed in writing as no medical marijuana because it is safety sensitive, an employer... View More

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