Puerto Rico Marijuana Laws 

Puerto Rico has made substantial progress in the regulation and legalization of medical marijuana, aimed at providing patients with alternative therapeutic options. In 2015, Governor Alejandro García Padilla signed Executive Order OE-2015-010, which authorized the use of medical marijuana for certain health conditions. This led to the establishment of a comprehensive regulatory framework under the Medical Cannabis Act 42-2017. The Act set up the Medical Cannabis Regulatory Board, which oversees the implementation of the law and issues licenses for the cultivation, manufacturing, dispensing, laboratory operations, and transportation of medical cannabis.

This significant legislative move led to the establishment of a comprehensive medical cannabis program overseen by the Puerto Rico Department of Health. Despite this progress, recreational marijuana remains illegal on the island.

Since legalization, Puerto Rico’s medical marijuana industry has expanded rapidly, with numerous dispensaries and cultivation centers now in operation. This sector not only provides relief to patients but has also created jobs and generated revenue for the government.

Medical Marijuana in Puerto Rico

The medical cannabis program in Puerto Rico is designed to provide patients with access to marijuana for therapeutic purposes. Patients with qualifying health conditions can apply for a medical marijuana card, enabling them to purchase and use cannabis products legally.

In Puerto Rico, under the terms of the Medical Cannabis Act, only patients aged 21 or older who are certified by a licensed physician and hold a medical cannabis ID card from the Department of Health can purchase medical marijuana from state-approved dispensaries. Dispensaries must verify the patient’s age and medical cannabis ID card before any sale.

Selling marijuana to anyone under 21 or possessing or using marijuana without a medical cannabis ID card remains illegal in Puerto Rico. The government enforces strict laws to ensure only qualifying patients with proper certifications can purchase medical marijuana.

The Medical Marijuana Program Registry is integral to the regulatory framework, tracking patient information, physician recommendations, and dispensed marijuana quantities. This registry makes certain the program operates within legal boundaries set by the Department of Health.

Obtaining a Medical Cannabis ID Card

• To legally purchase and use medical marijuana, patients must obtain a medical cannabis ID card. The process involves several steps:
• Medical Certification: Obtain a recommendation from a licensed physician who certifies you have a qualifying medical condition.
• Application: Submit an application for a medical cannabis ID card through the Medical Marijuana Program Registry. Applications can be completed online via the Puerto Rico Medical Cannabis Licensing Portal.
• Required Documents: Provide the following documents:

1. Medical certification from a licensed physician
2. Proof of identity (e.g., driver’s license or passport)
3. Proof of residency in Puerto Rico

• Application Fee: The application fee for a medical cannabis ID card is $25, which is necessary to cover administrative costs for processing the application and maintaining the registry.
• Review and Approval: The Department of Health will review your application and documents. Once approved, you will receive a medical cannabis ID card valid for one year, which must be renewed annually.

Qualifying Conditions

Patients must have one of the qualifying medical conditions to participate in the program, including:

• Alzheimer’s disease
• Anorexia
• Anxiety disorders
• Arthritis
• Autism
• Bipolar disorder
• Cancer and chemotherapy treatment for cancer
• Chronic pain
• Depression
• Degenerative diseases, including amyotrophic lateral sclerosis (ALS) and multiple sclerosis (MS)
• Epilepsy
• Fibromyalgia
• Glaucoma
• Hepatitis C
• HIV/AIDS
• Incurable and advanced diseases requiring palliative care
• Insomnia
• Inflammatory bowel disease
• Migraine
• 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

Reporting Requirements

Licensed dispensaries and other cannabis-related businesses must maintain detailed records of all transactions and submit regular reports to the Department of Health. These requirements help the Department monitor industry activities and ensure compliance with regulatory standards. IndicaOnline provides a comprehensive, data-based reporting system, where the platform is integrated with Looker and enables highly customizable report generation.

Reporting Components

• Transaction Records: Dispensaries must keep records of all sales transactions, including patient information, product details, and quantities sold. These records must be available for review during inspections.
• Inventory Reports: Businesses must submit regular inventory reports detailing the amounts of cannabis and cannabis products on hand and any discrepancies or losses.
• Compliance Reports: Periodic compliance reports must be submitted to the Department of Health, outlining the steps taken to adhere rigorously to regulatory requirements and any corrective actions taken in response to violations.

Legal Possession Limits

Registered patients in Puerto Rico are allowed to possess medical marijuana within specific limits set by the Puerto Rico Department of Health. These are designed to ensure the safe and responsible use of medical cannabis.

Flower

• Daily Limit: Registered patients can possess up to 1 ounce (28 grams) of cannabis flower per day.
• Monthly Limit: This daily limit is monitored and regulated, thus making sure the permitted amount over a 30-day period is not exceeded.

Edibles and THC Concentrates

• Daily Limit: For edibles or THC concentrates, the possession limit is 8 grams per day.
• Monthly Limit: Similar to flower, this limit is also monitored to uphold compliance over a 30-day period.

Medical Marijuana Reciprocity in Puerto Rico

Puerto Rico’s medical marijuana laws include reciprocity provisions, allowing patients from other states and countries to access medical cannabis while in Puerto Rico. Here’s a detailed look at how reciprocity works, including the states that recognize Puerto Rico’s medical marijuana cards and vice versa.

A Puerto Rico medical marijuana card is recognized in several U.S. states and territories that have medical marijuana reciprocity agreements. These states allow registered medical marijuana patients from Puerto Rico to purchase and use medical cannabis within their jurisdictions. The following states and territories accept or recognize out-of-state medical marijuana cards:

• Arizona
• Maine
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• Oklahoma
• Rhode Island
• U.S. Virgin Islands
• Utah
• Washington, D.C.

Puerto Rico’s medical marijuana program is designed to be inclusive, providing access not only to local patients but also to those from other regions with valid medical marijuana cards. This reciprocity helps patients to have continued medication access while traveling.

Where Can I Use or Possess Marijuana in Puerto Rico?

In Puerto Rico, medical marijuana is strictly regulated to ensure it is used responsibly and safely. Here are the guidelines on where you can use or possess medical marijuana as a registered patient:

Legal Use and Possession

Private Property

• Private Residences: Registered patients are allowed to use and possess medical marijuana in their private residences. This is the most recommended and safest place to consume medical marijuana.

Prohibited Areas

• Public Spaces: The use of medical marijuana is prohibited in public spaces under the Puerto Rico laws. This includes parks, beaches, streets, and any other areas accessible to the general public.
• Near Schools: It is illegal to use or possess medical marijuana near schools, childcare facilities, and other areas where children are present.
• Workplaces: Unless specifically allowed by the employer, the use of medical marijuana in the workplace is prohibited.
• Vehicles: Using marijuana in any type of vehicle, whether stationary or in motion, is illegal

In 2015, Governor Alejandro J. García Padilla issued Executive Order OE 2015-35, which discourages the prosecution and imprisonment of individuals caught with six grams or less of marijuana. Here are the key points concerning offenses, detailed for better understanding:

1. Possession

First Offense:

• Felony Conviction: Conviction of this type of felony carries significant legal repercussions, reflecting the seriousness of the offense.
• Up to five years in jail: Depending on the gravity of the violation, the offender may face imprisonment for up to five years.
• A fine of up to $5,000: Monetary penalties can reach $5,000, serving both as a punishment and a deterrent for future offenses.

Subsequent Offenses:

• Felony Conviction: Repeat offenses are treated with even greater severity, maintaining the felony classification.
• Up to ten years in jail: The prison term for repeated violations can be as long as ten years, doubling the maximum sentence for first offenses.
• A fine of up to $5,000: The financial penalty remains substantial at $5,000, underscoring the continued seriousness of repeated infractions.

2.  Distribution

First Offense:

• Felony Conviction: Distribution is a serious felony, indicating the high level of danger and societal harm associated with this crime.
• Up to 20 years in jail: Offenders may face two decades in prison, reflecting the significant threat posed by distributing marijuana.
• A fine of up to $20,000: The fines for distribution can be steep, reaching up to $20,000, to both penalize and discourage such activities.

Additional Offenses:

• Felony Conviction: Repeat distribution offenses continue to be treated with the utmost severity.
• Up to 40 years in jail: Subsequent offenses can result in even longer prison terms, up to 40 years, illustrating the escalating penalties for recidivism.
• A fine of up to $30,000: The maximum fine increases to $30,000, further emphasizing the enhanced punitive measures for repeat offenders.

Distribution Involving a Minor:

• Harsher Penalties: Any involvement of minors in distribution leads to increased penalties, reflecting the added moral and legal responsibility.

Marijuana Business Climate in Puerto Rico

The cannabis market in Puerto Rico is projected to achieve significant revenue growth in the coming years. In 2024, revenue is forecasted to reach approximately $278.90 million. This market is expected to grow at an annual rate (CAGR 2024-2029) of 1.01%, resulting in an estimated market volume of $293.20 million by 2029.

Key Revenue Figures 

• Revenue Forecast for 2024: $278.90 million
• Annual Growth Rate (CAGR 2024-2029): 1.01%
• Projected Market Volume by 2029: $293.20 million

Puerto Rico’s cannabis market is experiencing rapid growth, characterized by an increasing number of dispensaries and a strong emphasis on providing high-quality products. This expansion is driven by favorable laws and a growing acceptance of medical marijuana, which has contributed to a thriving business environment for cannabis-related enterprises.

Cannabis Industry in Puerto Rico

Puerto Rico has enacted legislation permitting the medical use of marijuana, establishing a formal medical cannabis program. Qualified patients may possess and use a limited quantity of marijuana for medicinal purposes. The government has instituted policies to foster the growth of the medical cannabis industry.

Nevertheless, the recreational use of marijuana remains prohibited in Puerto Rico. Operating a vehicle while under the influence of marijuana is an extremely serious offense. Individuals must familiarize themselves with and adhere to Puerto Rico’s marijuana laws to ensure personal safety and avoid legal repercussions.

Note: It is essential to acknowledge that this information does not constitute legal advice. Individuals are encouraged to stay informed about potential changes in Puerto Rico’s marijuana laws.