Is marijuana legal in Puerto Rico? Only for registered medical patients. Recreational use, possession, and sale remain illegal, and possession of any amount is a felony that can send a first-time offender to prison for three years. Medical cannabis has been legal since 2017 under a Department of Health program, but the rules are stricter than in many U.S. states, and federal law still applies across the island.
Recreational Possession Is a Felony
Puerto Rico classifies marijuana as a Schedule I controlled substance under its Controlled Substances Act.1Justia. Puerto Rico Code Title Twenty-Four Chapter 111 Subchapter II 2202 – Schedules of Controlled Substances Possessing any amount is a felony.
A first possession conviction carries a fixed prison term of three years. A court can raise that to five years if aggravating circumstances exist, or lower it to two years with extenuating circumstances, and may add a fine of up to $5,000. A second or later possession conviction is a fixed term of six years, adjustable up to ten or down to four.2Justia. Puerto Rico Code Title Twenty-Four Chapter 111 Subchapter IV 2404 – Prohibited Acts; Penalties
There is a narrow alternative for first-time offenders. If the court finds the person is not a danger and the prosecutor agrees, a judge can replace the prison sentence with a fine of $1,000 to $10,000 plus up to six months of community service.2Justia. Puerto Rico Code Title Twenty-Four Chapter 111 Subchapter IV 2404 – Prohibited Acts; Penalties The court is not required to grant it.
Selling or distributing marijuana is far more serious. A first distribution offense is a felony with a fixed term of twelve years, adjustable up to twenty or down to five, plus a possible fine of up to $20,000.3Justia. Puerto Rico Code Title Twenty-Four Chapter 111 Subchapter IV 2401 – Prohibited Acts; Penalties Possessing paraphernalia is also a felony.4Justia. Puerto Rico Code Title Twenty-Four Chapter 111 Subchapter IV 2411b These penalties apply to residents and visitors alike.
What About the Six-Gram Rule?
In 2015, Governor Alejandro García Padilla signed Executive Order 2015-10 advising judges not to imprison people caught with six grams or fewer of marijuana. That order did not decriminalize anything. Any quantity is still a felony on the books, and a prosecutor can still charge it. The order changed enforcement guidance, not the statute, and an executive order can be reversed more easily than a law. Do not treat six grams as a safe threshold.
Who Qualifies for Medical Cannabis
Medical cannabis became legal through Act 42-2017, signed on July 9, 2017. The law reclassified cannabis as Schedule II for medical purposes while leaving it Schedule I for every other use.1Justia. Puerto Rico Code Title Twenty-Four Chapter 111 Subchapter II 2202 – Schedules of Controlled Substances The Department of Health runs the patient registry and oversees dispensaries.
To qualify, you need a diagnosis the Department of Health recognizes and a formal recommendation from a physician licensed in Puerto Rico. Recognized conditions include:
- Neurological: Alzheimer’s, ALS, epilepsy, multiple sclerosis, Parkinson’s, peripheral neuropathy, migraines
- Mental health: anxiety, depression, bipolar disorder, PTSD, insomnia
- Chronic illness: cancer, HIV/AIDS, hepatitis C, Crohn’s disease, inflammatory bowel disease, rheumatoid arthritis, fibromyalgia, glaucoma
- Symptom-based: chronic pain, severe nausea, persistent muscle spasms, cachexia, anorexia
- Palliative care for incurable and advanced diseases
How to Register as a Patient
Registration runs through the Department of Health’s online portal. You submit:
- The physician’s recommendation, which the doctor usually uploads directly
- A passport-style photo
- A valid government-issued ID
- A non-refundable $25 application fee
Approvals sometimes come the same day. A digital card arrives by email, and a physical card is mailed separately.
Visiting Puerto Rico With a Card From Another State
Puerto Rico honors valid medical cannabis cards from other U.S. states and territories. Present your card with a government-issued photo ID at a dispensary and you can purchase.
If you do not already hold a card, you can apply for a temporary 30-day card through the same online portal. It requires a telehealth consultation with a Puerto Rico-licensed physician and the same $25 fee. The temporary card is renewable once during the same trip.
Rules Patients Have to Follow
Registered patients can purchase up to a 30-day supply, with a daily cap of one ounce (28 grams) of flower or its THC equivalent, such as 8 grams of THC in concentrates or edibles.
Available product forms include vaporizable flower and concentrates, edibles, capsules, oral drops, oils, tinctures, oral inhalers, topical creams, ointments, transdermal patches, and suppositories.
A few restrictions surprise patients:
- Smoking flower is prohibited. You can buy flower, but you must consume it through a vaporizer. Rolling a joint or using a pipe violates the law even with a valid card.
- Consumption is limited to private residences or other private property where the owner has given permission. Parks, beaches, restaurants, and streets are off-limits.
- Home cultivation is not allowed under any circumstances.
Workplace Protections
Act 15-2021 amended the medical cannabis law to bar employers from refusing to hire or otherwise discriminating against registered patients solely because of their patient status. In general, an employer cannot fire you or reject you for a job simply because you hold a card.
The protection has limits. Employers can still act on on-the-job impairment, and safety-sensitive positions may carry extra restrictions. Federal contractors and employers subject to federal drug-testing rules can take a different approach because cannabis remains illegal under federal law.
Where a Puerto Rico Card Does Not Help
Puerto Rico is a U.S. territory, so federal law applies in full. Cannabis is still Schedule I federally, and that creates hard limits your card cannot override.
Air Travel
Flights between Puerto Rico and the U.S. mainland are domestic, but they pass through TSA checkpoints governed by federal rules. TSA officers do not actively search for marijuana, but they are required to report any illegal substance they find to law enforcement. A Puerto Rico card offers no protection. The only exceptions are FDA-approved cannabis products such as Epidiolex and hemp-derived CBD containing no more than 0.3% THC.5Transportation Security Administration. Medical Marijuana
Boats
The waters around Puerto Rico fall under federal maritime jurisdiction. Simple possession on a vessel in U.S. waters can bring a civil penalty of up to $5,000 per violation, and possession with intent to distribute carries criminal penalties under the federal Controlled Substances Act.6Office of the Law Revision Counsel. 46 USC Chapter 705 – Maritime Drug Law Enforcement Charter boats, cruise excursions, and personal watercraft are all covered.
Federally Assisted Housing
If you live in public housing or receive Section 8, federal rules override Puerto Rico’s medical program. Under the Quality Housing and Work Responsibility Act of 1998, a housing authority can terminate tenancy for any household member who uses a controlled substance, including medical cannabis used with a valid card.7U.S. Department of Housing and Urban Development. Use of Marijuana in Multifamily Assisted Properties