Is Marijuana Legal in Sint Maarten?

Marijuana is illegal for adult recreational use in Sint Maarten, the Dutch side of the Caribbean Island Saint Martin. However, Sint Maarten allows its citizens to access certain cannabis-derived products for medical use.

Regarding drug policy, Sint Maarten has adopted a relatively tolerant enforcement approach compared to some other jurisdictions. Police officers mainly target people selling or producing large quantities. People possessing small minimal amounts face fairly minimal penalties.

Medical Marijuana Laws in Sint Maarten

Drugs in Sint Maarten are illegal under the Opium National Ordinance of 1960, including hard drugs, such as heroin and cocaine, and soft drugs, such as cannabis and hash. However, in August 2019, the government announced it would authorize cannabis use for medical purposes. Sint Maarten’s Inspectorate VSA, a governmental enforcement body that deals with public health, defined “medical cannabis” as cannabis “specifically produced and destined to treat certain health conditions.”

The Inspectorate VSA recognizes marijuana’s pain-relieving potential and believes patients in Sint Maarten can benefit from products to treat specific diseases, including:

• Nausea and vomiting due to chemotherapy
• Epilepsy
• Multiple sclerosis
• Chronic non-cancer pain
• Therapy-resistant glaucoma
• Tics due to the syndrome of Gilles de la Tourette
• Palliative care in terminally ill patients

Medicinal cannabis in Sint Maarten is exclusively available through authorized pharmacies upon prescription. Only registered medical practitioners possessing the appropriate qualifications for specific medical conditions can write prescriptions. A healthcare professional can apply to the Inspectorate VSA to become an Authorized Prescriber (AP) of medicinal cannabis.

What to Know About About Medical Cannabis in Sint Maarten

In 2019, the Inspectorate VSA announced a policy plan focusing on procedures for importing, storing, distributing, and prescribing medicinal cannabis within the country’s existing legal framework. The goal was to make treatment available to patients in Sint Maarten while incorporating quality and safety.

Sint Maarten’s Proposed Medical Cannabis Plan

Assessment: According to the 2019 announcement, patients who want medical cannabis access in Sint Maarten must first see a doctor who evaluates their condition to determine if marijuana treatment is appropriate. Doctors must take into account:

• Medical history
• Family health history
• Current medications
• Problems with drug dependence and substance abuse

The doctor must also consult other treating physicians before prescribing medicinal cannabis. If cannabis is the right approach, the prescribing physician must document informed consent through a signed form.

Availability: Patients can access authorized pharmacies to fill a prescription. The prescribing physician will direct patients to the appropriate dispensary.

Administration: Sint Maarten indicated that it would allow smokable medical cannabis products. However, the Inspectorate VSA prefers and approves administrating medicinal cannabis for therapeutic purposes via the following forms:

• Vaporizer
• Extract
• Tea

Cannabidiol (CBD) medicines and products: The Inspectorate of Public Health, Social Development, and Labor evaluates CBD products to determine if they meet the definition of medicine. The import, storage, and delivery of CBD products are only allowed through pharmacies. Some CBD products require a prescription, as determined by the Inspectorate VSA.

Hemp seed oil products: The Opium Ordinance does not restrict hemp seed oil. However, the Inspectorate VSA notes that it will limit the import and sale of hemp seed oil to pharmacies if it becomes evident that products contain hidden or undeclared ingredients restricted by the Opium Ordinance.

**Note that the government’s 2019 press release does not clearly indicate whether Sint Maarten officially rolled out the medical cannabis program. Additionally, recent news does not clarify whether medical dispensaries are currently operating on the island’s Dutch side. 

Cannabis Culture in Sint Maarten

Sint Maarten largely embraces cannabis culture, but the country has not legalized or decriminalized marijuana for recreational use yet. Marijuana is illegal for personal consumption and remains a criminal offense.

Local laws aim to reduce drug abuse. But cannabis drug use is widespread. A parliament member (MP) promoting cannabis legalization claimed that 10,000 people smoke marijuana daily on the island, saying it was the “only business not suffering.”

Marijuana Legalization Efforts in Sint Maarten

Efforts to legalize marijuana in St. Maarten for personal use are strong. Proponents point to Dutch laws in the Netherlands, where widely tolerated cannabis use results in millions of dollars in cannabis tourism. Many people would like the government to approve Amsterdam-like coffee shops and related businesses that could sell soft drugs such as marijuana and hashish for personal consumption.

Some political leaders are on board with careful regulation and control mechanisms, like those throughout the United States and Canada. In 2022, the government of St. Maarten began seeking proposals from organizations to establish a regulated and legalized cannabis industry on the island.

The Request for Proposal (RFP) emphasized the need for comprehensive studies on the potential effects of legalization before making any decisions. The government invited interested parties to request the RFP and submit proposals for review by December 5, 2022.

The government hoped the proposals would show economic, social, and health benefits for various sectors, including:

• Education
• Infrastructure-based development
• Green energy alternatives like solar, water, and wind energy
• An increase in agricultural infrastructure

The St. Maarten Cannabis Co. (SMCC) is one such company that aims to partner with the government to implement a cannabis industry in St. Maarten. SMCC founded and operated cannabis companies in many U.S. states, including California, Colorado, Florida, Illinois, New Jersey, Puerto Rico, and Canada.

The status of the review and partnership process today is unclear.

Can You Grow Cannabis in Sint Maarten?

It is illegal to grow cannabis in Sint Maarten. However, some government officials would like to create an industry surrounding cannabis cultivation. One Parliament member suggested selling growing licenses for $20,000 per year.

The Bottom Line

Marijuana is an illegal drug in St. Maarten despite having a relaxed cannabis culture. Sint Maarten does allow cannabis for medical use by prescription; however, the country has not legalized or decriminalized marijuana for recreational use yet.

Many people and government officials would like to introduce a legal cannabis industry to Sint Maarten, hoping it would bring millions in cannabis tourism revenue to the island. Fortunately, change appears to be on the horizon.