Is Marijuana Legal in Peru?

Peruvian law allows individuals and businesses to possess, cultivate, and sell medical cannabis. However, the regulations governing such activities are in the last stages of limbo.

The original laws passed in 2017 made it challenging for patients to access the medicine they needed, and the Peruvian government passed revisions to the rules to clarify legal terms and broaden access to cannabis for medicinal use. These laws will take effect in September 2023.

Recreational use of cannabis is prohibited in Peru, but possession of 8 grams or less is decriminalized and exempt from legal penalties.

Medical Marijuana Laws in Peru

In 2017, Peru’s congress passed Law No. 30681, the so-called “Cannabis Law,” which permitted individuals to use medical marijuana and called on government authorities to create regulations to govern the medical cannabis industry.

These regulations were published in February 2019, but how the laws were written created many obstacles for patients to access medical cannabis and for legal entities to cultivate and produce certain kinds of products.

The 2019 regulations originally distinguished psychoactive and non-psychoactive cannabis based on the amount of THC, with the latter containing less than 1% per dry weight.

Psychoactive cannabis was allowable for medical use, but the so-called “cañamo” (hemp) was outside of the law’s scope.

As such, licenses for each type of cannabis got caught up in red tape with different public entities responsible for permissions, and it created barriers to patients accessing medicine, such as high costs and restricted supply.

A 2021 review by Peru’s Directorate of Medicines, supplies, and Drugs found that of the 17,926 people who reported using cannabis, only 7462 purchased their medicine from licensed pharmacies.

In response, the Peruvian government passed Supreme Decree No. 004-2023-SA of 2023 to re-introduce regulatory guidelines for medical and therapeutic cannabis use.

It decreed that the Peru Ministry of Health (Minsa) would take over licensing responsibilities for producers, importers, and research institutions to work with cannabis and its derivatives.

Importing psychoactive cannabis products would now require official certification and a laboratory analysis certificate, whereas non-psychoactive cannabis products only require lab testing proof.

It also clarified how patients can access the two types of medical cannabis. Those requiring THC amounts higher than 1% must obtain a particular medical prescription, which can only be valid for up to 30 days.

A typical medical prescription would do for non-psychoactive cannabis products. Further, patients registered in the National Registry of Cannabis and Derivatives Users Patients for Medical and Therapeutical Purposes (RENPUC) can now cultivate their own for personal use.

The old laws are still in effect, with the 2023 revised regulations set to take effect September 2023, six months after publication.

What to Know About About Medical Cannabis in Peru

Tourists cannot access medical or recreational cannabis in Peru. Similarly, you cannot bring it into the country.

If you’re planning a visit to the area, it is recommended that you leave your cannabis (including CBD) at home, even if you have a medical marijuana card.

Medical Cannabis Is Legal for Residents

Patients can legally purchase cannabis or cannabis oil (including CBD oil) for medicinal purposes from licensed dispensaries with a doctor’s prescription.

Additional documentation is required to buy marijuana products with more than 1% THC.

Patients Must Join a Registry for Psychoactive Cannabis

To cultivate personal cannabis plants and access psychoactive cannabis products, Peruvian patients must join the patient registry, RENPUC.

Prescriptions for cannabis with more than 1% THC last for 30 days and requires special additional documentation from the physician.

Non-Psychoactive Cannabis Only Needs a Regular Prescription

Only a regular doctor’s prescription is needed for those seeking CBD oil or other hemp-derived products.

Recreational Cannabis Is Illegal

Peruvian law has not legalized cannabis for recreational use, though possessing under 8 grams of cannabis is considered personal and not punished by authorities.

Can You Grow Cannabis in Peru?

Only patients registered with Peru’s medical marijuana registry may grow cannabis for medical purposes.

The Ministry of The Criminal Code of Peru punishes any entity cultivating or selling cannabis without a government-given license with prison time between eight to 15 years, steep fines, and other severe penalties.

The Bottom Line

Recent changes intend to broaden access to medical marijuana for citizens of Peru.

While the country’s marijuana laws are undergoing transition, the country has made impressive progress in permitting suffering individuals to access cannabis plant-based medicines.