Is Marijuana Legal in Chile?
Article written by
Emma Stone
Chile has been one of the leaders in Latin American drug reform since decriminalizing marijuana for personal use in 2005.
Although recreational cannabis use remains illegal in Chile, the conservative South American nation legalized marijuana for medical purposes nearly 10 years ago, and a growing Chilean population is cultivating medical marijuana at home for personal use.
Additionally, Chile has some of the highest levels of marijuana use in Latin America, along with Uruguay, showing widespread cultural support for the plant.
Medical Marijuana Laws in Chile
Chile hasn’t followed Uruguay’s lead in granting full marijuana legalization to its citizens. But the conservative Chilean government passed medical marijuana legislation in 2015, making it one of the first Latin American countries to do so.
Chile’s medical marijuana law (Law 20,000, Decree 84) allows for producing, distributing, and using medical marijuana under certain conditions.
It also allows scientific or medical cannabis research. The country’s Public Health Institute (El Instituto de Salud Pública de Chile, or ISP) and the Ministry of Health oversee authorizations and establish conditions of use.
In 2016, one year after the law passed, Chile opened the largest medicinal marijuana farm in South America. And in 2017, the first pharmacies opened in the nation’s capital, Santiago.
To qualify for medical marijuana in Chile, patients must have a prescription from a licensed physician. The prescription must state the medical condition and the required dosage.
Doctors who prescribe cannabis without a valid reason can be imprisoned for up to 15 years and face a fine from around $2,800 to $28,000. Medical cannabis suppliers can face the same penalties and risk having their entire establishment shut down.
The law also requires that medical marijuana products be made in Chile and meet specific quality standards.
What to Know About About Medical Cannabis in Chile
Chileans seeking medical cannabis (including CBD) should know about eligibility criteria, pharmacy options, and accessibility.
Patients must have a prescription from a licensed physician, which justifies their need for medical marijuana and includes the daily consumption in grams. Patients must then purchase medical marijuana from a licensed pharmacy.
Allowable product types can include:
Although patients can theoretically access various formulas, medical cannabis in Chile follows the traditional pharmaceutical drug development route, requiring clinical trials and registration for all products regardless of THC content.
As a result, Sativex is the only known registered product in the country. Sativex is a cannabis-based painkiller with a nearly even THC: CBD ratio that does not get patients high.
Chile also allows patients to access imported, non-registered medicines based on compassionate use rules in special cases.
Overall, Chile lacks a seamless regulatory framework for cannabis, creating a precarious regulatory environment:
- Registered cannabis products, generics, and imported formulations are available in more than 500 Chilean pharmacies. But they require expensive medical prescriptions and are not covered by insurance. Generic medicines alone can cost up to $120.
- Large-scale cultivation is prohibited, and only a few firms have obtained special authorization for research purposes.
- To combat restrictions and advocate for legalization, social justice organizations have emerged to help patients. Fundación Daya (or Daya Foundation) is most widely recognized and collaborates with research centers and municipalities.
Fortunately, many people expect Chile to revise its legislation due to the growing patient demand, public support, and the need to protect patients’ rights.
Can You Grow Cannabis in Chile?
Under Chilean law, home cultivation for recreational use is illegal in Chile. However, medical marijuana patients can grow cannabis for personal medicinal use.
According to some sources, qualifying medical marijuana patients can grow up to six cannabis plants for personal therapeutic use. Patients can also join a collective cannabis cultivation club if the government approves it.
Chile’s home-grow rules are helping many patients circumvent the lack of product diversity and licensed pharmacies. Chile’s pro-cannabis organization, Daya Foundation, also hosts cannabis growing workshops teaching patients how to cultivate plants at home.
The Bottom Line
Understanding the legal status of cannabis in Chile is crucial before using or growing marijuana in the country. Recreational marijuana remains banned in the country.
But medical marijuana is legal in certain circumstances, and medical patients can grow marijuana at home for personal therapeutic use. Obtaining a prescription from a physician and purchasing from a licensed pharmacy is necessary for Chileans interested in medical cannabis.
Chile’s legal framework for patient access today is complicated. However, rising patient advocacy and demand for plant medicine indicates the country will continually evolve its stance to be more inclusive of the population’s needs.