Medical cannabis is legal in Puerto Rico, whereas recreational marijuana remains illegal in the U.S. territory. However, delta-8 and delta-10 THC, along with other minor cannabinoids manufactured from hemp-derived CBD, are legal in Puerto Rico. Public consumption and cultivation are prohibited, and using cannabis without medical authorization is a felony offense.

Medical Marijuana Laws in Puerto Rico

In 2015, Puerto Rico legalized marijuana for medical use when Gov. Alejandro Garcia Padilla signed an executive order. Since cannabis remains a Schedule 1 controlled substance under Puerto Rico law, it’s unlawful to possess marijuana without having a doctor’s recommendation and medical marijuana certification.

Medical cannabis patients do not have to pay sales tax on medicine at the register. Additionally, under Act 15, signed into law in 2021, it is illegal for employers to discriminate against certified medical cannabis patients in the recruitment, hiring, designation, or termination process or when imposing disciplinary actions.

Certified patients can possess a 30-day supply of medical cannabis equivalent to 1 ounce of dry flower, 8 grams of concentrate, or 800 milligrams of THC in edible cannabis products. The Department of Health (i.e., Departamento de Salud) may authorize the dispensation of cannabis flower for vaporization if the diagnosis is of a terminally ill patient, or in cases where there are no alternative treatments, or if the doctor concludes that it is the ideal alternative.

If a patient is under 21, they are considered a minor and their application requires two recommendations, one from a doctor and the other from a parent. It’s also important to note that public consumption is still prohibited, and possessing or using cannabis without a medical card is a felony offense punishable by up to 10 years of incarceration or a $5,000 fine. Unauthorized distribution carries even harsher penalties of up to 96 years of imprisonment and fines ranging from $20,000 to $80,000.

What to Know About About Medical Cannabis in Puerto Rico

Since there is no adult-use cannabis program and cultivation remains illegal in Puerto Rico, it is very beneficial to apply for a medical marijuana certification. Getting your medical card allows you to access cannabis legally at licensed dispensaries.

It also affords patients employee protections. Whether visiting or a Puerto Rican resident, it’s a good idea to be aware of some key aspects of the U.S. territory’s medical cannabis program.

There Are Specific Qualifying Conditions

To qualify for a medical cannabis certification in Puerto Rico, patients must have a “debilitating condition” defined by Puerto Rican law. Recognized conditions include:

• Alzheimer’s disease
• Anorexia
• Anxiety disorders
• Arthritis
• Autism
• Bipolar disorder
• Cachexia
• Cancer and cancer chemotherapy treatment
• Chronic pain
• Degenerative diseases such as amyotrophic lateral sclerosis (ALS), multiple sclerosis, and inflammatory bowel disease
• Depression
• Epilepsy
• Fibromyalgia
• Glaucoma
• Hepatitis C
• HIV/AIDS
• Insomnia
• Migraine
• Parkinson’s disease
• Peripheral neuropathy
• Post-traumatic stress disorder (PTSD)
• Severe nausea or persistent muscle spasms that the Medical Advisory Body recommends and the Board expresses through Administrative Determination
• Spinal cord injuries
• Incurable and advanced diseases that require palliative care

Telemedicine Is Allowed

Telemedicine is allowed for medical marijuana certification in Puerto Rico. Contact Leafwell today to get your application process started. Our team of professionals will help you set up an appointment with a licensed doctor in Puerto Rico and guide you through the application process.

Puerto Rico Has Reciprocity Laws

Puerto Rico offers reciprocity to out-of-state medical cannabis patients visiting the territory. Per the framework of Law No. 42-2017 and Regulation 9038, non-resident patients who have a document issued by the state or country of residence and meet all the requirements identified in Regulation 9038 are recognized as patients in the territory and can access services.

The following states and U.S. territories also have reciprocity laws that recognize non-resident medical cardholders:

• Arizona
• Arkansas *
• Delaware
• Hawaii *
• Louisiana
• Maine
• Michigan (at the dispensary’s discretion)
• Nevada
• New Hampshire
• New Jersey *
• New Mexico
• Oklahoma *
• Rhode Island
• U.S. Virgin Islands *
• Utah * (up to two 21-day periods in a calendar year)
• Washington, D.C.

*Visitors must complete a visiting patient application with the state program.

States that have recreational cannabis for adults 21 and older but do not accept out-of-state cards include:

• Alaska
• California
• Colorado
• Connecticut
• Illinois
• Maryland
• Massachusetts
• Minnesota (currently only tribal dispensaries)
• Missouri
• Montana
• New York
• Oregon
• Vermont
• Washington

Can You Grow Cannabis In Puerto Rico?

Cultivation is illegal in Puerto Rico. Medical cannabis patients must purchase their medicine from a licensed dispensary. If you’re caught selling or growing marijuana, penalties include up to 12 years imprisonment and a fine of up to $20,000.

The Bottom Line

Medical marijuana is legal in Puerto Rico, but there is no state-sanctioned adult-use program, and using cannabis recreationally is a felony offense on the island. Using or possessing cannabis without a medical cannabis card can incur harsh penalties, including fines and jail time.