Cannabis Marketing in Arkansas
Is Cannabis Legal in Arkansas?
Yes and no. Arkansas voters passed the Arkansas Medical Marijuana Amendment in 2016, requiring the state to open up a medical cannabis program. The first sales happened in 2019 in the mountain city of Hot Springs.
A 2022 attempt to legalize adult-use cannabis by ballot initiative failed.
And getting busted with weed can cost someone big time. Simple possession, depending on one’s criminal history and the amount of cannabis they have on them, ranges from a misdemeanor to a felony. A first-time offense of possessing less than 4 ounces can land an offender in jail for a year and cost as much as $2,500 in fines. If that person has previous convictions, they could go to prison for six years and pay as much as $10,000. It gets worse from there: Carrying real weight or having intent to distribute comes with mandatory minimum sentences and up to decades in prison.
That said, The Natural State’s medical market is booming. The state lists more than 30 active dispensaries on its website. The law caps the number of active retail licenses at 40.
Nearly 100,000 Arkansas residents have active medical marijuana cards issued by the state, and sales were expected to exceed $280 million in 2023, according to the Arkansas Department of Finance and Administration.
Is it Legal to Market Cannabis in Arkansas?
Yes, but the framework in Arkansas is tightly regulated as it is in most U.S. jurisdictions. The state's rules, governed by the Department of Finance and Administration's Alcoholic Beverage Control Board, outline explicit stipulations for cannabis cultivation facilities, processors and dispensaries.
The cannabis advertising rules are consistent with other legal states:
- No public-facing advertising by cultivation facilities and processors (manufacturers) is permitted.
- Direct marketing by cultivators and processors to dispensaries is permissible, however.
- Dispensaries must avoid deceptive, false or misleading statements.
- Advertising cannot appear to target children, encourage transporting cannabis across state lines, show the consumption of cannabis or cannabis products, promote using the plant to get high or “encourage excessive or rapid use or consumption.”
- Dispensaries cannot advertise within 1,000 feet of a school or daycare center or on public property (including transit).
How to Legally Market Cannabis Brands in Arkansas
Cannabis dispensaries—and dispensaries only—still have methods of advertising that can reach a well-defined target audience. They can advertise on TV or radio, in print publications or on the internet so long as at least 70% of the audience consuming that media product is 18 years of age or older.
There are also no published rules against dispensaries using owned media such as websites, opt-in text or email marketing, blogs and newsletters.
Any advertisement, however, must contain the following four statements:
- Marijuana is for use by qualified patients only. Keep out of reach of children.
- Marijuana use during pregnancy or breastfeeding poses potential harms.
- Marijuana is not approved by the FDA to treat, cure or prevent any disease.
- Do not operate a vehicle or machinery under the influence of marijuana.
Dispensary Marketing in Arkansas
Dispensaries in Arkansas lean into the state’s history and beauty, as well as focus on quality and education in their cannabis marketing.
Natural State Medicinals, for example, is named after the state’s official moniker and promotes its hand-cultivated flower. Releaf Center, meanwhile, touts strains like Hazy Sunset and offers free medical consultations for potential patients.
All dispensaries should take advantage of seasonal opportunities and holidays. While they’re not permitted to offer coupons or promotions for purchases, there is nothing in the law that appears to prevent a dispensary from hosting an educational or festive event on a date like 4/20.
Cannabis Brand Marketing in Arkansas
Because of the state’s rules against cultivators and manufacturers advertising to the public, the only option for non-retailers is to use sound B2B marketing strategies. These include competitive analyses, understanding the unique buyer’s journey of a business as opposed to a consumer and solid education.
Top 10 Cannabis Brands in Arkansas
From Little Rock to the Ozarks, Hot Springs National Park and Crystal Bridges Museum of American Art, here are the top brands and dispensaries in Arkansas.