Is Cannabis legal In Peru in 2025?
Yes, cannabis is partially legal in Peru. While recreational use remains illegal, medical cannabis is legal under a regulated framework. Personal possession of small amounts of cannabis for recreational use is decriminalized, but cultivation, trafficking, and sale are strictly prohibited.
Current Legal Status of Cannabis in Peru
Recreational Cannabis
- Decriminalized for Personal Use:
- Possession of cannabis for personal use is decriminalized, provided it does not exceed 8 grams and is not accompanied by other drugs.
- Conditions:
- Possession of small amounts is tolerated, but individuals must demonstrate that the cannabis is for personal consumption only.
- Possession of cannabis in public spaces or in combination with other substances may lead to legal action.
- Public Consumption:
- Using cannabis in public spaces is prohibited and can result in fines or penalties.
- Cultivation and Sale:
- The cultivation, trafficking, and sale of cannabis remain illegal and are subject to criminal prosecution, including imprisonment of up to 15 years, depending on the circumstances.
Medical Cannabis
- Legal and Regulated:
- Medical cannabis has been legal in Peru since 2017, following the passage of Law 30681.
- Access Conditions:
- Patients must have a prescription from a licensed healthcare provider to access medical cannabis.
- Medical cannabis is permitted for the treatment of conditions such as chronic pain, epilepsy, cancer-related symptoms, and other qualifying ailments.
- Distribution:
- Licensed pharmacies and dispensaries provide cannabis-based products, such as oils and tinctures.
- Smoking cannabis for medical purposes is not allowed.
- Self-Cultivation for Medical Use:
- In 2021, regulations were expanded to allow home cultivation of cannabis for medical purposes, enabling patients and caregivers to grow their own cannabis with prior authorization.
Industrial Hemp
- Legal with Restrictions:
- Industrial hemp cultivation is allowed, but it is regulated, and the THC content must not exceed 0.3%.
- Hemp is used for textiles, food, and other industrial applications.
Enforcement and Penalties
- Decriminalized Possession:
- While small-scale possession is decriminalized, police may confiscate the cannabis, and individuals may be required to prove that it is for personal use.
- Trafficking and Sale:
- Selling or trafficking cannabis is treated as a serious crime, punishable by 6 to 15 years of imprisonment, depending on the quantity and intent.
- Unauthorized Cultivation:
- Cultivating cannabis without proper authorization is illegal and can lead to significant fines or imprisonment.
Social and Cultural Attitudes
1. Public Perception
- Public attitudes toward cannabis use are gradually shifting, especially regarding its medical benefits.
- Recreational cannabis use still faces some societal stigma, although decriminalization has contributed to greater acceptance among younger demographics.
2. Government Stance
- The Peruvian government has taken a progressive approach to medical cannabis while maintaining strict control over recreational use to combat illegal trafficking and misuse.
Challenges to Cannabis Reform
1. Access to Medical Cannabis
- Patients often face challenges in obtaining affordable medical cannabis due to limited local production and reliance on imports.
2. Regulatory Ambiguity
- Although possession is decriminalized, the lack of clear guidelines on personal cultivation and public consumption creates confusion.
3. Black Market Influence
- The presence of a robust black market complicates efforts to regulate and control cannabis use in Peru.
Future Outlook
- Medical Cannabis Expansion:
- Peru is expected to continue developing its medical cannabis framework, including local cultivation and production to meet patient demand.
- Recreational Cannabis Reform:
- While full legalization of recreational cannabis is unlikely in the short term, further decriminalization measures or leniency in enforcement could be introduced.
- Industrial Hemp Development:
- Peru’s favorable climate and agricultural expertise position it to expand its industrial hemp industry for both domestic and international markets.
Key Takeaways
- Recreational Cannabis: Decriminalized for possession of up to 8 grams but remains illegal for public use, sale, and cultivation.
- Medical Cannabis: Fully legal and regulated, with allowances for self-cultivation under specific conditions.
- Industrial Hemp: Legal for cultivation with strict THC limits.
- Enforcement: Strict penalties remain for trafficking, unauthorized cultivation, and possession above legal limits.
Peru has embraced medical cannabis reform and continues to expand its framework to support patients, but recreational cannabis remains off-limits. The country’s approach balances progressive medical policies with strict enforcement against illegal recreational use.
