Can Arkansas Employers Legally Fire You for Medical Marijuana Use?

Medical marijuana has provided relief for thousands of residents across Arkansas. However, the intersection of patient rights and employment law remains incredibly confusing. If you live in Little Rock, Fayetteville, or Fort Smith and were fired because of your legal medical marijuana use, you may have grounds for a wrongful termination lawsuit. Understanding your workplace protections is the first step toward getting your job back or recovering lost wages. If you need local representation to fight an unfair dismissal, you can easily find an experienced employment attorney in our USA Lawyers Directory.

Understanding Arkansas Amendment 98 Protections

When voters passed the Arkansas Medical Marijuana Amendment (Ark. Const. amend. 98), it established anti-discrimination protections for registered patients. Under Ark. Const. amend. 98, § 3(f)(3)(A) (as amended by Act 593 of 2017), a covered employer cannot discriminate in hiring, termination, or terms of employment solely based on an individual's status as a qualifying patient. Crucially, under Ark. Const. amend. 98, § 2(7), these protections apply only to employers who have nine (9) or more employees in Arkansas in each of 20 or more calendar weeks; smaller employers are exempt from these statutory non-discrimination mandates.

Failed Drug Tests vs. On-the-Job Impairment

Marijuana can stay in your system for weeks after consumption. A major protection under Arkansas law is that a positive drug test for THC metabolites, by itself, is generally not sufficient grounds for termination if you hold an active medical card. However, this only applies to off-duty use. If your employer has a "good faith belief" that you possessed, consumed, or were actively impaired by marijuana on the employer's premises or during the hours of employment, they can legally fire you. To prove wrongful firing, your attorney must show there was no evidence of active on-the-job impairment.

Truck Drivers & Heavy Machinery (Safety-Sensitive Designations)

The biggest exception to medical marijuana protections in Arkansas is the "safety-sensitive" position carve-out. Under Ark. Const. amend. 98, § 3(f)(3)(B)(iii) and Ark. Const. amend. 98, § 2(25) (as enacted by Act 593 of 2017), an employer may legally exclude a qualifying patient from being employed in or performing a safety-sensitive position based on a good faith belief of current marijuana use. Safety-sensitive roles include positions designated in writing that involve operating heavy machinery, driving commercial motor vehicles, handling hazardous materials, carrying a firearm, or direct patient care. If your job is properly designated as safety-sensitive, your employer can legally reassign or terminate you following a positive drug test, even without active on-the-job impairment.

Step-by-Step: How to File a Claim for Wrongful Firing

If you were wrongfully terminated despite not holding a safety-sensitive job, you must take rapid legal action to preserve your rights.

Step 1: Secure Your Personnel File

First, immediately request a complete copy of your personnel file, performance reviews, and the exact drug testing laboratory results. Employers will often try to retroactively invent "poor performance" issues to cover up a medical marijuana termination. Having written proof of your positive performance reviews neutralizes this defense.

Step 2: File a Civil Lawsuit

Unlike federal discrimination claims that proceed through the EEOC, medical marijuana employment protections are governed strictly by state law. Your attorney will file a civil complaint alongside Form AOC-CV-1, Arkansas, Administrative Office of the Courts, Civil Court Cover Sheet in state court, such as the Pulaski County Circuit Court, Little Rock. Under Ark. Const. amend. 98, § 3(f)(3)(D)(i), available monetary damages are not unlimited; they are strictly capped by the remedial limits of the Arkansas Civil Rights Act (Ark. Code Ann. § 16-123-107(c)), allowing back pay, reinstatement, and capped compensatory damages based on employer size.

How Much Does a Wrongful Termination Lawyer Cost?

Many workers hesitate to hire a lawyer because they just lost their income. Fortunately, most employment attorneys in Arkansas operate on a contingency fee basis. This means you do not pay any upfront hourly fees. The lawyer will advance the court filing fees (typically around $165) and only gets paid a percentage of your final settlement or jury award (usually 33% to 40%). If your case loses, you owe the attorney nothing for their labor.

How Long Does a Lawsuit Take?

Employment lawsuits are notoriously slow. After filing the initial complaint, the discovery phase (where both sides exchange documents and conduct depositions) can take 6 to 12 months. If the employer refuses to settle out of court, securing a trial date in a busy Arkansas Circuit Court can easily push the entire timeline to 18 or 24 months. However, many companies opt to settle quietly within the first 6 to 9 months to avoid negative public attention. Additionally, under Ark. Code Ann. § 16-123-107(c)(3), employees must file their civil action within a strict one-year statute of limitations from the date of the alleged discrimination or termination.

Protected vs. Unprotected Marijuana Use in AR

Frequently Asked Questions (FAQ)