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Is Marijuana Legal in Ecuador?

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Last updated on Oct 7, 2024

Created on Aug 10, 2023

Ecuador flag with a hand holding a marijuana infront of it

Medical marijuana is legal in Ecuador. In 2018, Ecuador’s government passed legislation to allow medical marijuana and create a framework for a legal medical cannabis industry.

Since its passing, the law has allowed the South American country to develop a burgeoning hemp sector and products for medical sales and export abroad.

Additionally, possessing up to 10 grams of cannabis for personal use is decriminalized, and will not be prosecuted. However, the sale or cultivation of marijuana with the intent to sell is illegal, as is possessing more than 10 grams of cannabis.

Medical Marijuana Laws in Ecuador

Cannabis in Ecuador has a winding, storied history that resulted in the country becoming one of the more accepting places for weed in South America.

Historically, Ecuador officials didn’t pay much mind to marijuana use until the government drafted the Law of Control and Intervention in the Trafficking of Narcotics in 1970.

This law banned drug use, describing consumption not as a criminal act but as something to be regulated as a health issue. This period saw drug use met with medical assessment and treatment rather than jail time.

This stance on cannabis use slowly changed as time passed, reflecting the global adoption of stricter prohibitionist policies.

In 1987 and 1991, the government authorized the Law of Control and Intervention in the Trafficking of Narcotics and Psychotropic Substances and the Law of Narcotic Drugs and Psychotropic Substances (Law 108), respectively.

These two laws tightened restrictions on drug use, with the latter eventually imposing a minimum of 10 years imprisonment as punishment for simple possession.

These strict rules ended up overcrowding Ecuadorian prisons and putting pressure on the country’s judicial system.

In 2008, when re-writing the country’s constitution, the government harkened back to the original 1970 law’s definition of drug use as a mental health issue rather than a crime. Cannabis was decriminalized in 2013, where personal consumption of up to 10 grams was no longer penalized.

In 2018, Ecuador’s National Assembly voted to legalize marijuana for medicinal use. They created a framework for patients to purchase and use cannabis that contained less than 0.1% THC for medical purposes.

It wasn’t until 2020, after the government had passed several new laws, that the medical cannabis industry had legal legs to stand on.

As of 2022, Ecuadorian licensed cultivators are growing industrial hemp crops for processing into medical cannabis products and hemp for industrial use.

What to Know About About Medical Cannabis in Ecuador

Medical marijuana laws differ depending on your location, and Ecuador is no exception. Always check the cannabis laws in the region you’re planning to visit.

And, when in doubt, it may be wise to refrain from cannabis use when traveling to a new destination.

Personal Possession of up to 10 Grams Is Decriminalized

Per Ecuador’s 2008 Constitution, the state views cannabis and drug consumption as a health concern rather than a crime. Ecuador’s drugs regulating office — the Council for the Control of Narcotic Drugs and Psychotropic Substances (CONSEP) — allows for up to 10 grams of cannabis for personal use.

Medical Marijuana Is Legal

Medical marijuana is legal to cultivate, sell, and purchase in Ecuador, provided it contains 0.1% THC or less than 0.3% in edibles.

Medicinal cannabis or CBD products are available in pharmacies only, and products with higher levels of THC are illegal to sell or purchase.

Can You Grow Cannabis in Ecuador?

Because the possession of up to 10 grams of flower is decriminalized, individuals may be able to grow a cannabis plant for personal use without penalty (though there is no exact law stating this).

However, cultivating any recreational marijuana with the intent to sell or distribute it is illegal.

Ecuador’s Technical Secretariat of Drugs (SETED) also licenses companies to grow cannabis for scientific research, and its Ministry of Agriculture oversees industrial hemp licensing.

In 2023, the government green-lit the nation’s first-ever industrial hemp crop, a cooperative initiative between two local companies and the Latin-American Industrial Hemp Association (LAIHA).

The Bottom Line

Cannabis is decriminalized in Ecuador, and a regulatory framework for a medical CBD market is fully in place. Individuals can purchase low-THC medical products from pharmacies, while the personal use or possession of up to 10 grams is permissible by law.