LEARN | LAWS & REGULATIONS
Is weed legal in Puerto Rico?
Puerto Rico has legalized medical cannabis use, but adult (recreational) use remains illegal.
In 2015, Gov. Alejandro Garcia Padilla signed Executive Order OE-2015-010 , ordering the Secretary of Health to authorize some or all components of the marijuana plant for medicinal use for patients residing in Puerto Rico.
Department of Health Administrative Order No. 352 set up initial directives for the possession, cultivation, manufacturing, production, fabrication, dispensing, distributing, and research of medical cannabis.
In July 2017, Padilla signed Act 42-2017 , The Medicinal Act, which replaced the original executive order and set up a legal framework for medical marijuana in Puerto Rico.
Regulation 9038 , enacted in July 2018, further specified the requirements for authorized physicians and allowed for Puerto Rican dispensaries to serve registered patients from US states or other countries where medical marijuana is legal.
The Department of Health (Departamento de Salud) is responsible for regulating Puerto Rico’s medical marijuana program .
Puerto Ricans looking to access medical marijuana must go through an application process and pay a $25 fee. The steps are:
- Obtain a medical recommendation from an authorized doctor, which will be sent through the registration platform
- Open an account
- Create a request and locate the doctor’s medical recommendation
- Submit a passport-size photo
- Attach the remaining documents
Registered patients with a valid medical marijuana program card can purchase cannabis at a state-approved dispensary .
Consumption is limited to private homes or private places where owners authorize the consumption of medical cannabis. According to marijuana laws in Puerto Rico, smoking weed is illegal, but the following forms of consumption are allowed:
- Capsules or tablets
- Oral drops
- Oral inhalers
- Topical ointments and creams
- Transdermal patches
- Vaporization of cannabis flower or concentrate
- Any other means that the Department of Health authorizes
Registered patients in Puerto Rico are allowed a daily amount of 1 ounce (28 grams) of flower or 8 grams of THC in concentrate or edible form. They can possess up to 30 days’ worth at a time.
Home cultivation is not permitted.
A full list of qualifying conditions to legally purchase cannabis in Puerto Rico is maintained by the Department of Health’s medical cannabis program .
- Alzheimer’s disease
- Anxiety disorders
- Bipolar disorder
- Cancer and chemotherapy treatment for cancer
- Chronic pain
- Degenerative diseases including amyotrophic lateral sclerosis (ALS) and multiple sclerosis (MS)
- Hepatitis C
- Incurable and advanced diseases requiring palliative care
- Inflammatory bowel disease
- Parkinson’s disease
- Persistent muscle spasms
- Peripheral neuropathies
- Post-traumatic stress disorder (PTSD)
- Severe nausea
- Spinal cord injury
- Any condition that causes cachexia, or wasting disease
Puerto Rico does allow dispensaries to serve patients with medical cards from their home state or other countries.
This page was last updated September 29, 2020.View the marijuana laws & regulations for Puerto Rico.
Puerto Rico Marijuana Dispensaries, Delivery, and Doctors
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Is Weed Legal in Puerto Rico?
Puerto Rico has viewed marijuana as an illegal substance for nearly a century. Dating back to 1932, Puerto Rico enacted Act 12 which outlawed any form of marijuana within the territory. Any amount of marijuana possession in Puerto Rico is a felony. Even for first-time users, getting caught with small amounts of cannabis will lead to a felony charge, 2-5 years of incarceration, and a $500 fine. The penalty for second-time offenders increases tenfold.
Despite these strict rules on marijuana, medical marijuana was just legalized in 2015 for anyone with a valid Puerto Rico medical marijuana card. Furthering this, in 2017 a new act was established (Act 42) which allowed for much more relaxed rules regarding medical marijuana making it one of the most liberal places for medical marijuana in the US.
Buying Marijuana in Puerto Rico
Puerto Rico comprises just about 100 miles of landmass and there are over 80 dispensaries in Puerto Rico, so finding the closest one to you is just a quick car ride away. Purchasing medical marijuana in Puerto Rico is a very easy process and you will find that dispensaries have very relaxed rules and offer a wide variety of products. Just ensure you have a medical marijuana card from either another state in the US or get your Puerto Rico medical marijuana card following the steps below.
Buying Marijuana at a Retail Location
When it comes to medical marijuana, Puerto Rico has it all. There are 87 medical marijuana dispensaries, 25 medical marijuana cultivators, 3 licensed labs, and 13 official delivery services. If you are a tourist heading to Puerto Rico, one can use their home state medical marijuana card with no questions asked. If you are looking to purchase medical marijuana in Puerto Rico as a tourist, you can also acquire a cannabis license very easily.
Using a Marijuana Delivery Service
Puerto Rico allows for the transportation or delivery of medical marijuana to anyone around the island. There are currently 13 delivery services on the islands, and they will deliver anywhere. To take advantage of this service, just call your favorite dispensary and they will use the delivery service they like best!
Store hours vary quite a lot in Puerto Rico, but you will find that dispensaries stay open longer than most other places in the US. Puerto Rico is very relaxed about medical marijuana and you can visit a dispensary at any hour. But be sure to check your favorite dispensary’s operating hours before your visit.
Purchasing restrictions are ordered by doctors rather than a state mandate. Doctors are allowed to prescribe a 30-day supply to patients and that is the legal limit when purchasing marijuana. Without an exact prescription, patients can purchase up to 2.5 ounces per month.
All cannabis products found on the island are grown locally, so cannabis is always fresh and of high quality. Puerto Rico offers all types of medical marijuana products so if you can imagine it, chances are they have it! Most noticeably, Puerto Rico even has created a special THC infused hot sauce that is very popular amongst the locals.
Taxes on Marijuana in Puerto Rico
Taxes on Recreational Marijuana in Puerto Rico
Recreational marijuana is still very illegal in Puerto Rico. Therefore, one must obtain a medical marijuana card if wanting to purchase marijuana. Any sale of marijuana that is not medical is illegal and does not go through a proper system of taxes and regulation. Since recreational bills have not been fully drafted yet, it is unclear on how Puerto Rico would implement taxation on recreational marijuana.
Taxes on Medical Marijuana in Puerto Rico
Medical marijuana does face pretty high taxes in Puerto Rico compared to other places in the US. Medical marijuana is subject to a tax known as the Sale and Use Tax or SUT for short. The SUT currently sits at a whopping 11.5%. In comparison to other states with medical marijuana, taxes are usually cut in half at around 5-6%. This makes medical marijuana a little more expensive in Puerto Rico, but it provides huge tax revenue to the territory.
Possession laws have a dual nature to them in the state of Puerto Rico. Unless otherwise stated by their doctor patients may possess up to 2.5 ounces of marijuana products per month. However, a doctor has the authority to recommend or prescribe less than 2.5 ounces per month in which case a patient may not possess more than their doctor’s prescription. It is not super common that a doctor will put additional possession restrictions on a patient, but it is certainly a rule that must be followed.
Using Marijuana in Puerto Rico
Puerto Rico takes possession of marijuana very seriously especially when it comes to possessing marijuana near schools. Marijuana is not to come close to school property or else one will face massive fines. There have also been no businesses established where patients can legally consume cannabis. Therefore, marijuana is only to be consumed in the privacy of one’s own home and out of sight of the public eye.
Areas in Puerto Rico that DO allow the use of marijuana:
- The privacy of one’s own home away from the public eye
Areas in Puerto Rico that DO NOT allow the use of marijuana:
· In any motor vehicle including boats.
· In the workplace
· On any school grounds public or private including dormitories or university parks
· Any public place
· In the presence of anyone under the age of 18
· In any fashion that could endanger the health or well-being of a person other than the patient
Smoking on Federal Lands
As you may know, marijuana is illegal on a federal level in the United States. So, what this means is that every place owned by the federal government has to abide by their rules. Smoking or possessing marijuana of any kind on federal lands is highly illegal. If one is caught, they will be prosecuted by a federal court which involves a lot of time and fines.
Medical Marijuana in Puerto Rico
The medical marijuana program in Puerto Rico is very relaxed and has exploded in growth after dispensaries opened in 2017. Puerto Rico is unique in that any medical marijuana doctor can recommend cannabis for any reason. From this, anxiety is the number one medical marijuana condition in Puerto Rico with just about 20% of its patients using cannabis to treat this condition. As of now, there are just under 100,000 medical marijuana patients in Puerto Rico and new patients are registering every day.
How to Get a Medical Marijuana Card in Puerto Rico
Getting a medical marijuana card in Puerto Rico is easy and costs just $100 – $150. Here are the steps to get your own:
1. Visit an authorized medical marijuana doctor and get their recommendations letter.
2. Create an account with the Puerto Rico Medical Marijuana Program.
3. Find your doctor’s recommendation and add it to your profile.
4. Complete Puerto Rico’s application and submit a 2in x 2in passport-style photo.
5. Wait to be entered into Puerto Rico’s Department of Health database.
After all of these steps, you will obtain your medical marijuana card in the mail and you can begin purchasing medical marijuana from nearby dispensaries.
Out of State Medical Cards Puerto Rico
Out of state medical cards are accepted in Puerto Rico. Anyone with a valid medical marijuana card from the United States can purchase cannabis in Puerto Rico. Tourists are even able to purchase temporary cannabis licenses to treat any condition a doctor will recommend cannabis for.
How to Transport Marijuana in Puerto Rico
Transporting Marijuana in Puerto Rico
Puerto Rico is quite strict with how one transports weed across the state, but it is still legal. If any marijuana product is in one’s car it must be sealed and in the back seat or trunk out of the driver’s reach. Marijuana of any kind cannot be stored in the glovebox. If a cop smells marijuana, they have the right to investigate the driver.
Driving While Under the Influence of Marijuana
There is no legal limit that is safe to drive in the state of Puerto Rico. Any sign of impairment will warrant a drug inspecting officer to be notified and sent to investigate one’s driving condition. If found driving under the influence of marijuana, one’s license will be suspended, and they will have to pay massive legal fines and carry out court-mandated punishment.
Driving Across State Lines with Marijuana
Despite legalization efforts, no one under any circumstances is allowed to drive across state lines with marijuana. This is slightly different in Puerto Rico as one cannot drive out of the state. Therefore, the only way to transport marijuana from Puerto Rico to other states is via airplanes, which is also highly illegal. Anyone caught trying to smuggle marijuana across an airport will land themselves in serious trouble.
Growing Marijuana in Puerto Rico
Patients are not allowed to grow their own marijuana in Puerto Rico. Only state-licensed cultivators are allowed to grow and manufacture medical marijuana products. If one is found growing marijuana, they will be charged as a felon, facing mandatory minimum sentences and massive fines.Find Puerto Rico marijuana dispensaries, deliveries, seed banks and doctors in popular places like San Juan, Carolina, and Ponce ]]>