Arkansas
Arkansas state laws, regulations, court decisions, and active legislation
Overview
Arkansas's legal system reflects its Southern heritage and conservative political traditions. The state constitution, adopted in 1874, has been amended numerous times but retains many original features. Arkansas is known for its historically landlord-friendly tenant laws and was one of the last states to adopt a comprehensive medical marijuana program.
The state has a unique criminal justice system that includes the distinction of still allowing criminal penalties for failure to pay rent. Arkansas has been modernizing its legal framework in recent years, including updates to its business laws and adoption of a medical marijuana constitutional amendment in 2016.
Court Structure
Arkansas's court system includes district courts (replacing the former municipal and justice of the peace courts), circuit courts as the general trial courts, the Court of Appeals, and the Supreme Court of Arkansas. The state uses a nonpartisan judicial election system for appellate courts and circuit courts.
Unique Laws & Facts
- •Arkansas is one of the few states that allows criminal penalties for failure to pay rent
- •The state has a unique 'right to hunt and fish' constitutional amendment
- •Arkansas prohibits any tax increase without a three-fourths supermajority legislative vote
- •The state's medical marijuana program was enacted by constitutional amendment, making it harder to modify
Legal Landscape
Arkansas operates with a conservative legal framework emphasizing property rights and limited government regulation. The state has minimal tenant protections, a right-to-work environment, and relatively strict drug laws despite the medical marijuana program. The state's legal system is slowly modernizing but retains many traditional features.
Key Arkansas Laws (9)
Driving While Intoxicated (DWI)
Arkansas sets the DWI limit at 0.08% BAC. First offense carries a mandatory 24 hours in jail, fines up to $1,000, and 6-month license suspension. A 5-year lookback applies. Fourth offense within 5 years is a felony with a mandatory 1-year prison sentence.
Permitless Carry of Concealed Handguns
Arkansas allows permitless concealed carry for those 18+. No assault weapon bans, magazine limits, or waiting periods. Strong Castle Doctrine and Stand Your Ground protections. Local gun laws are preempted. Optional carry licenses are available for interstate reciprocity.
Arkansas Medical Marijuana Amendment (Issue 6)
Arkansas has a medical marijuana program allowing patients with qualifying conditions to purchase up to 2.5 ounces per 14 days. Home cultivation is banned. A 2022 recreational legalization ballot measure was rejected by voters. Employers may still enforce drug-free workplace rules.
Security Deposits – Residential Tenancies
Arkansas limits security deposits to two months' rent with a 60-day return deadline. The state is notable for allowing criminal penalties for failure to pay rent — one of few states to do so. No rent control or just cause eviction. Very landlord-friendly overall.
At-Will Employment and Minimum Wage
Arkansas is an at-will, right-to-work state with an $11.00/hour minimum wage (since 2021). No mandated paid sick leave or family leave. Employment discrimination protections apply to employers with 9+ employees.
Deceptive Trade Practices Act
Arkansas's Deceptive Trade Practices Act bans false advertising, bait-and-switch, and deceptive debt collection. Consumers can sue for actual damages or $200 minimum per violation, with possible treble damages for willful conduct. The AG can impose $10,000 civil penalties per violation.
Child Custody – Best Interest Standard
Arkansas courts use the best interest standard for child custody with a presumption favoring joint custody. A relocating parent must give 60 days' notice if moving 100+ miles. Grandparent visitation is available when a significant relationship exists and it serves the child's interest.
Criminal Sentencing – Felony Classifications
Arkansas felonies range from Class Y (10-40 years/life) to Class D (up to 6 years). Parole eligibility begins at one-third of the sentence, or 70% for violent/sexual offenses. The death penalty remains on the books for capital murder. Habitual offender laws enhance sentences for repeat offenders.
Grounds for Divorce
Arkansas allows no-fault divorce after 18 months of separation, plus fault-based grounds including adultery and cruelty. Property is divided equitably. A 30-day waiting period applies after filing. The court considers factors like marriage length, earning capacity, and homemaking contributions.