Article 98, § 6 — Scope

(a) This amendment does not permit a person to: (1) Undertake any task under the influence of marijuana when doing so would constitute negligence or professional malpractice; (2) Possess, smoke, or otherwise engage in the medical use of marijuana: (A) On a school bus; (B) On the grounds of a daycare center, preschool, primary or secondary school, college, or university; (C) At a drug or alcohol treatment facility; (D) At a community or recreation center; (E) In a correctional facility; (F) On any form of public transportation; (G) In a public place; or (H) On any property that is under control of the Arkansas National Guard or the United States military; (3) Operate, navigate, or be in actual physical control of a motor vehicle, aircraft, motorized watercraft, or any other vehicle drawn by power other than muscle power while under the influence of marijuana; (4) Smoke marijuana: (A) In a place where the smoking of tobacco is prohibited by law; (B) In the presence of a person who is under fourteen (14) years of age; (C) Inside a motor vehicle, aircraft, motorized watercraft, or any vehicle drawn by power other than muscle power; (D) Knowingly in the presence of a pregnant woman; or (E) In a place where the smoking of marijuana for medical use is likely to cause another person not authorized to use marijuana to be under the influence of marijuana; or (5) Smoke marijuana for medical use if the person is under twenty-one (21) years of age. (b) This amendment does not require: (1) A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana unless federal law requires reimbursement; (2) An employer to accommodate the ingestion of marijuana in a workplace or an employee working while under the influence of marijuana; (3) An individual or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to use marijuana on or in that property; (4) An individual or establishment in lawful possession of property to admit a guest, client, customer, or other visitor who is inebriated as a result of his or her medical used of marijuana; (5) A landlord to permit a qualifying patient to smoke marijuana on or in leased property, except that a landlord may not prohibit the medical use of marijuana through means other than smoking on leased property by a qualifying patient; or (6) A public school to permit a qualifying patient who is a student to be present on school grounds, to attend a school event, or to participate in extracurricular activities in violation of the public school's student discipline policies when a school office has a good faith belief that the behavior of the qualifying patient is impaired.