Cannabis in Peru

History of Cannabis in Peru

Peru has long had very restrictive laws regarding cannabis: cultivation, importation, and sale are prohibited, and these activities are reserved for the government when justified by medical or scientific reasons. The reform stemmed from a movement led by families of patients who were growing cannabis to treat their children—particularly those with epilepsy—in a legal gray area. Public pressure led the government of President Pedro Pablo Kuczynski to announce a bill in 2017 to legalize medical cannabis.

In October 2017, Congress approved the legalization of cannabis oil for medical use by a vote of 68 to 5. The Law No. 30681, published in November 2017, authorizes the use, research, production, importation, and sale of cannabis and its derivatives, exclusively for medical and therapeutic purposes. Its implementing regulations were published in February 2019 (Supreme Decree 005-2019-SA), and the first imported cannabis-based product—an oil high in CBD and low in THC—became available to patients that same year.

Cannabis Legislation in Peru

Recreational cannabis: prohibited, with a threshold for tolerated possession

It is illegal to produce, sell, or import cannabis for recreational purposes. The Penal Code punishes the promotion, facilitation, financing, or cultivation of cannabis without a license with a penalty of 8 to 15 years in prison, punishable by a fine and a ban on practicing the profession, and the trade or transfer of seeds without a license is punishable by 5 to 10 years in prison.

However, according to Article 299 of the Penal Code, possession for immediate personal use is not punishable up to 8 grams of marijuana (or 2 grams of derivatives), provided that the individual is not in possession of a second controlled substance. Above this threshold, or if there is evidence of sale, the protection afforded by Article 299 no longer applies. Public consumption remains prohibited.

Medical Cannabis: Licenses, Registry, and Prescriptions

The 2019 regulation distinguished between psychoactive cannabis (THC content of 1 % or higher by dry weight, intended for medical use) and non-psychoactive cannabis (THC content below 1 %, referred to as «cáñamo » or hemp, which falls outside the scope of the law). A new regulation, adopted on February 28, 2023 (Supreme Decree 004-2023-SA) and in effect since September 1, 2023, now groups these two categories under the term «cannabis.».

The current regulations provide for several types of licenses: scientific research (universities and research institutions), import and trade (individuals or legal entities), production (reserved for public entities and certified laboratories), and—new for 2023—artisanal cultivation for patient associations registered and certified, consisting of at least two patients. Patients must be enrolled in the national registry of patients who use cannabis and its derivatives for medical and therapeutic purposes (RENPUC). Psychoactive products require a special, individualized prescription, whereas non-psychoactive products can be prescribed using a standard prescription. The marketing of derivative products is the responsibility of authorized pharmaceutical companies.

Penalties range from suspension or revocation of the license to civil, administrative, or criminal penalties. Criminal penalties are specifically provided for public officials who issue licenses improperly and for healthcare professionals who prescribe cannabis to unregistered patients. In January 2024, Peru also approved technical safety guidelines (Ministerial Resolution 0036-2024-IN): entities engaged in medical cannabis activities must obtain a certificate of compliance issued by the Police Anti-Drug Directorate (DIRANDRO), which includes access controls, monitoring, and daily inspections.

CBD and Industrial Hemp

No Peruvian law establishes specific rules regarding CBD concentrations: regulations classify products based on their THC content. CBD-based products are subject to medical cannabis regulations when marketed for therapeutic purposes. Industrial uses of cannabis are limited to the production of cannabis and its derivatives for medical and therapeutic purposes. A bill introduced in Congress in September 2022 aims to promote the production and industrialization of hemp (THC content below 1 %), but it had not been passed as of our last update.

News and Outlook

Peru has established one of the most structured medical frameworks in South America, with the unique feature of allowing patients to form cooperatives to grow cannabis. Key developments to watch include the implementation of the 2023 regulations (licenses for small-scale cultivation, the RENPUC registry), the fate of the hemp bill, and the question of a potential framework for adult use—which is currently highly unlikely. Follow our News about cannabis in Peru See below for updates to the law.