Only for medical use. Puerto Rico allows registered patients to buy medical cannabis from licensed dispensaries under Act 42-2017, but recreational marijuana is illegal, and possession without authorization is a felony carrying a fixed three-year sentence and a fine of up to $5,000. Patients must use cannabis only in private places, smoking it is prohibited, and visiting patients with a valid card from a U.S. state can be recognized for up to 30 days, as of October 2026.
Puerto Rico’s medical cannabis rules are stricter than many visitors expect. This guide explains what the law says as of October 2026, with links to the law, regulations and agencies behind each rule. It is general information, not legal advice.
Puerto Rico Cannabis Laws at a Glance
| Topic | The rule in Puerto Rico | Source |
|---|---|---|
| Recreational use | Illegal; punished under the Controlled Substances Act | Act 42-2017, Art. 9 |
| Medical use | Legal for registered patients with a doctor’s recommendation and a Board-issued ID | Act 42-2017 |
| Possession without authorization | Felony: fixed 3 years (2 to 5 with mitigating or aggravating factors); fine up to $5,000 | 24 L.P.R.A. § 2404 |
| Dispensary entry | No one under 21 may enter | Act 42-2017 |
| Where patients may use it | Homes and private places only; never in public, in dispensaries or in vape lounges | Act 42-2017, Art. 10; Regulation 9038 |
| Smoking | Prohibited; vaporizing is allowed | Act 42-2017; Regulation 9038, Art. 148 |
| Visiting patients | Out-of-state cards recognized for up to 30 days if verifiable | Regulation 9038, Art. 116 |
| Home grow | Not authorized; buy only from licensed dispensaries | Act 42-2017; Regulation 9038, Art. 149 |
| Driving | Illegal to drive under the effects of marijuana or medical cannabis | Ley 22-2000, Art. 7.03 |
| Regulator | Medical Cannabis Regulatory Board (JRCM), Department of Health | Departamento de Salud |
Is Marijuana Legal in Puerto Rico?
Only for registered medical patients. Puerto Rico’s medical cannabis law is Act 42 of July 9, 2017, known as the Ley MEDICINAL. Article 9 of the act says anyone who uses cannabis for recreational purposes will be punished under the Controlled Substances Act (Ley Núm. 4 de 1971).
The program is run by the Junta Reglamentadora del Cannabis Medicinal (JRCM), the Medical Cannabis Regulatory Board, within the Department of Health. Its main rulebook is Regulation 9038. In an April 23, 2026 statement, the Board said everyone must keep complying with Act 42-2017 and Regulation 9038, and that it is working on a full revision of the regulation.
Possession Penalties in Puerto Rico
Puerto Rico has not decriminalized marijuana. Without medical authorization, possession of any controlled substance, including marijuana, falls under Article 404 of the Controlled Substances Act, 24 L.P.R.A. § 2404:
- First offense: a felony with a fixed prison term of 3 years, which can rise to 5 years with aggravating circumstances or drop to 2 years with mitigating ones. The court may add a fine of up to $5,000.
- Repeat offense: a fixed 6 years (4 to 10).
- First-time offenders: Article 404 also provides for probation and record clearing for a first offense.
The law sets no small-amount exception. Possessing drug paraphernalia is a separate felony under Article 412, punishable by a fine of up to $30,000 or a fixed three-year prison term. Bills to remove penalties for personal-use possession, such as Senate Bill 1042 in 2022, have been filed, but we found no record of one becoming law.
Medical Cannabis in Puerto Rico: How the Program Works
To register as a patient under Regulation 9038, an adult must:
- be 21 or older or legally emancipated,
- have a recommendation from an authorized physician, issued no more than 6 months before applying, certifying a qualifying debilitating condition,
- submit a photo ID from Puerto Rico, the U.S. or a state, or a foreign passport, and
- pay the registration fee set in the regulation.
A minor can be registered by a parent or court-appointed guardian with two physician recommendations; the guardian becomes the “authorized companion,” who must be 21 or older and a Puerto Rico resident.
A registration is valid for one year from issue, and patients who continue treatment must renew annually. Patients must carry their Board-issued photo ID whenever they have cannabis.
What patients can buy
Sales are allowed only at licensed dispensaries. Act 42 lets the Board set daily treatment and possession limits based on its Medical Advisory Body’s recommendations, but no dispensary may sell more than a patient’s one-month treatment supply. Dispensaries may sell only cannabis grown or produced in Puerto Rico; importing cannabis from the mainland, even from a legal state, is prohibited by Regulation 9038.
Visiting Puerto Rico as a Medical Patient
Act 42 defines qualifying patients to include residents of other U.S. states who hold a medical cannabis ID from their home state. Article 116 of Regulation 9038, titled “Medical Tourism,” recognizes an out-of-state patient ID only if:
- the issuing state, territory or jurisdiction has a medical cannabis law,
- the card was issued after a physician evaluation and is current, with an expiration date, and
- the issuing jurisdiction keeps a database that Puerto Rico’s office and dispensaries can use to verify it.
Recognition lasts no more than 30 days. Longer stays require registering under Puerto Rico law. Visitors from a place that does not issue a verifiable ID but has a medical cannabis registry can see an authorized Puerto Rico physician for a recommendation valid for up to 30 days.
Visiting patients follow the same limits and use rules as local patients and must carry their home-state ID.
Where Patients Can Use Cannabis
- Allowed: private homes; private places where the owner gives permission; and workplaces only if the employer allows it.
- Not allowed: any public place, including beaches and streets; inside dispensaries; at conventions or events; and in “vape lounges” or clubs where people gather to consume.
- No smoking: Act 42 strictly prohibits consuming cannabis by smoking, though vaporizing is permitted. Regulation 9038, Article 148, repeats that it does not authorize smoking or any recreational use.
Driving, Flying and Federal Law
Act 42 amended Article 7.03 of Puerto Rico’s Vehicle and Traffic Law (Ley 22-2000) to make it illegal to drive under the effects of marijuana or medical cannabis.
Puerto Rico is a U.S. territory, so federal law applies. Flights between Puerto Rico and the mainland are domestic, and TSA refers cannabis found at screening to local police. Carrying cannabis onto a plane or by sea to the mainland or to the U.S. Virgin Islands is a federal offense, even for patients.
The April 2026 federal order moved marijuana held under a state medical marijuana licence to Schedule III. The JRCM said the order does not automatically change Puerto Rico’s laws or regulations and that nothing changes immediately. Federal hemp rules also tighten on November 12 and December 11, 2026. Our federal guide has details.
Pending: Cannabis Banking Bill
- Banking (2026): House Bill 1103 (P. de la C. 1103), which would let FDIC-insured banks serve licensed medical cannabis businesses, passed the House on April 16, 2026 and was referred to the Senate Rules and Calendar Committee in June 2026, according to legislative records and News is my Business. It is not law as of October 2026.
From the editor, James Buddsey: Puerto Rico’s dispensaries look like the ones in Denver or Seattle, but the law behind them is closer to a pharmacy. No card, no sale; no smoking; no use on the beach. Visiting patients should confirm their home-state card can be verified before they travel.
Puerto Rico Marijuana Laws FAQ
Is weed legal in Puerto Rico?
Only for registered medical patients under Act 42-2017. Recreational use is illegal, and unauthorized possession is a felony under Article 404 of the Controlled Substances Act.
Can tourists buy weed in Puerto Rico?
Only with a valid, verifiable medical cannabis card from a U.S. state or territory, recognized for up to 30 days, or a recommendation from an authorized Puerto Rico physician. Recreational tourists cannot buy legally.
What is the penalty for marijuana possession in Puerto Rico?
Possession without authorization is a felony with a fixed three-year term (two to five years) and a possible fine of up to $5,000. First-time offenders may qualify for probation and record clearing.
Can medical patients smoke cannabis in Puerto Rico?
No. Act 42 prohibits smoking cannabis. Patients may vaporize or use other authorized forms, and only in private places.
How old do you have to be to enter a dispensary in Puerto Rico?
21. No one under 21 may enter a dispensary. Minor patients are served through a registered authorized companion.
Can you grow cannabis at home in Puerto Rico?
No. The medical program does not authorize home cultivation; patients must buy from licensed dispensaries.
More Cannabis Law Guides
Compare Puerto Rico with the neighboring U.S. Virgin Islands, browse every state and territory cannabis law guide, or read our summary of federal marijuana law in 2026.
Neighboring state guides: U.S. Virgin Islands · All state cannabis laws
General information about Puerto Rico cannabis law as of October 2026, not legal advice.