Arkansas cannabis employment and drug testing law

• Amendment 98, § 3(f)(3)(A) says an employer shall not discriminate against an applicant or employee in hiring, termination, or any term or condition of employment based on past or present status as a qualifying patient or designated caregiver.
• “Employer” is defined as an entity that employs nine or more employees in Arkansas in 20 or more calendar weeks in the current or preceding year.

• Employers may adopt a drug-free workplace policy, including a drug testing program that complies with state or federal law, and act under it.
• Employers may act on a good-faith belief that a patient used or possessed marijuana, or was under its influence, on the premises or during hours of employment — though a positive test cannot be the sole basis for a belief of being under the influence.
• Employers may exclude a qualifying patient from a “safety sensitive position” based on a good-faith belief of current use. That term covers DOT-regulated safety-sensitive functions and positions the employer designates in writing, such as roles that involve carrying a firearm.
• The amendment does not require an employer to accommodate ingestion of marijuana in a workplace or an employee working while under the influence.

• A “positive test result for marijuana” means a result at or above the DOT cutoff or the Arkansas under-the-influence level, whichever is lower, and “current use” is presumed from a positive test (Amendment 98, § 2).

Federal rules still apply. Under the U.S. DOT’s testing rules, a Medical Review Officer must not verify a test as negative because a physician recommended a Schedule I drug under a state “medical marijuana” law, and must not accept use of hemp or other non-prescription marijuana-related products as an explanation (49 CFR § 40.151(e)–(f)). That covers safety-sensitive transportation workers regardless of state law.

Federal workplace drug testing programs follow HHS Mandatory Guidelines, which set the cannabis testing panel and cutoffs for urine and oral fluid (Federal Register, March 13, 2026). Most state protections above include an exception where federal law, a federal contract, or federal funding requires otherwise.

For how long cannabis can show up on each test type, see our drug testing guide and the detection window explainer.